For the purposes of this article, the term “nuisance” is defined to mean any condition or use of premises or of building exteriors which is detrimental to the property of others, causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises are located, or any such condition or use of premises that is dangerous to human health or welfare. This includes, but is not limited to, the keeping or the depositing on, or the scattering over the premises, of any of the following:
(1) 
Lumber, building materials, junk, trash or debris;
(2) 
Storage of furniture, other than furniture designed for outside use, household items, and products of a commercial trade or business enterprise, whether such items are so used or not outside;
(3) 
Abandoned, discarded or unused objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans, or containers;
(4) 
Items of salvage such as scrap metals, rags, papers, bottles, cans, and similar items;
(5) 
Any compost pile which is of such a nature as to spread or harbor disease, emit unpleasant odors or harmful gas, or attract rodents, vermin or other disease-carrying pests, animals or insects;
(6) 
Keeping unsanitary matter on premises. It shall be unlawful for any person to keep, or permit another to keep, upon any premises, deleterious or septic material, unless such material is retained in containers or vessels which deny access to humans, flies, insects, rodents and animals;
(7) 
Any inoperable, dismantled, wrecked or junked vehicles, motorized or otherwise;
(8) 
Any dead or damaged tree which poses a serious threat to life or property on the premises, adjacent premises, or adjacent public right-of-way.
(Ordinance 1007 adopted 8/13/13; 2004 Code, sec. 8.601)
No person owning, leasing, occupying or having charge of any premises shall maintain or keep any nuisance thereon, nor shall any such person keep or maintain such premises in a manner causing substantial diminution in the value of the other property in the neighborhood in which such premises are located.
(1987 Code, ch. 7, sec. 6B; 2004 Code, sec. 8.602)
(a) 
Upon becoming aware of nuisance conditions set forth herein, the police chief or his designated representative shall make a determination whether or not the conditions and circumstances constitute a nuisance as herein defined. If it is determined that the conditions constitute a nuisance, the police chief shall cause a written notice to be given to the owner, tenant or person in control of said premises, or an agent thereof, to remove or abate the nuisance. Such notice shall state the nature of the nuisance and that it must be removed or abated within ten (10) days and that failure to do so may cause a complaint to be filed in municipal court for violation of maintaining a nuisance. Such notice shall be given by delivering the written notice personally or by leaving it at his or her dwelling or usual place of abode with some person of suitable age and discretion residing therein or by mailing the written notice by certified mail, return receipt requested. If the whereabouts of the owner of the property are unknown, the notice shall be mailed by certified mail, return receipt requested, to the last known address listed on the tax roll and by publication in the official newspaper on two (2) separate days at least six (6) days apart. Where the notice is mailed it shall be prima facie evidence of service if an executed return receipt is received.
(b) 
Where after diligence has been exercised to serve notice to the owner, tenant, or person in control of said premises or agents thereof, and such notice cannot be delivered and/or where such notice has been served but the nuisance has not been removed or abated within the ten (10) day period, the police chief shall then cause a summons to be obtained and delivered to the owner, tenant or person in control of said premises, or an authorized agent thereof, requiring such condition to be abated or to appear before the municipal court of the city at a stated time and place. The summons shall be served to the defendant by a peace officer by delivering a copy to him personally; or leaving it at his usual place of abode with some person of suitable age and discretion residing therein; or by mailing to the defendant’s last known address by certified mail, return receipt requested. The summons shall state the nature of the nuisance on the property and that it must be removed or abated within ten (10) days or the complaint will be heard in municipal court for violation of maintaining a nuisance as defined in this article, and furthermore, any person found guilty of maintaining such nuisance shall be guilty of a misdemeanor and be subject to a fine in accordance with the general penalty provision set forth in section 1.01.009 of this code for each offense and that the municipal court shall order the removal and abatement of the nuisance.
(1987 Code, ch. 7, sec. 6C; 2004 Code, sec. 8.603)
If the owner, tenant or person in control of said premises, or agent thereof, fails to comply with the order to remove or abate any nuisance, then in addition to any fine which may be levied against such person, the court may allow the city to remove or abate such nuisance. The city may then cause the said nuisance to be removed or abated, and the expenses of such procedure shall be charged against the owner and shall thereupon become a valid and enforceable personal obligation of the owner of such premises which may be recovered by the city in a suit brought for that purpose, and the city may assess the expenses on the property on which the nuisance is located or situated and make the same a lien thereon.
(1987 Code, ch. 7, sec. 6D; 2004 Code, sec. 8.604)
(a) 
Whenever the city shall have performed any work or paid any necessary expenses in connection with any work done in the removal or abatement of any nuisance, it shall be the duty of the mayor to immediately prepare and deliver or mail to the owner of the property upon which the nuisance was located an itemized statement in the form of an affidavit, duly sworn to, of all such work performed and all costs and expenses incurred and paid by the city in connection therewith. Said statement shall be sent to the owner of said property if his true address is known; if not, then to the owner of record according to the last official tax roll of the city at the address carried in connection therewith. Such affidavit, among other things and provisions, shall contain the following:
(1) 
Name and address of the owner, and name and address of the tenant or agent of the property if known, and if unknown, recite the fact;
(2) 
Description of the property sufficient to identify same, and where property has been subdivided, a description by lot and block number of any particular subdivision shall be sufficient, or the description as per the revised map of the city;
(3) 
Statement of the action of the city;
(4) 
Itemized statement of the work done and performed, together with the cost thereof opposite each item; and
(5) 
Statement of payment made by the city to other parties, and to whom made, or reasonable charges by any concerned city department.
(b) 
Upon delivery or mailing of the statement and affidavit provided for above, the city shall be entitled to the payment of the aggregate amount so expended, or reasonable charges for city work or costs paid, as therein set forth. Should the owner fail or refuse to pay the amount due within thirty (30) days thereafter, the affidavit containing the information as set out hereinabove, signed by the mayor, shall be filed with the county clerk of Tarrant County. Such statement, when filed, shall constitute a lien upon the property on which the expense was incurred, second only to tax liens and liens for street improvements, and the amount remaining unpaid on said statement shall accrue interest at the rate of ten (10) percent per annum from the date of expenditure by the city, or from the date that the city itself performed such work and incurred said expense, as provided for in V.T.C.A., Health and Safety Code, chapter 342.
(1987 Code, ch. 7, sec. 6E; 2004 Code, sec. 8.605)