An article declaring tall grass, weeds, rubbish, brush, unsightly
and unsanitary matter including objectionable materials as a public
nuisance.
(Ordinance 493-15 adopted 4/16/15)
For the purpose of this article, the following words shall have
the following meanings, respectively, as set forth:
The city administrator of Sansom Park or his designee.
A tract of land upon which a structure is situated.
Every accumulation of both animal and vegetable matter, liquid
or otherwise, that is received from kitchens, and also all decayable
waste, it does not include compost heaps.
All worn-out or discarded material, including but not limited
to old iron or other metal, glass and cordage, machinery of any kind,
tractors, refrigerators, stoves, any other household appliances, furniture,
or old discarded or abandoned boats, and broken, discarded or unused
building materials such as lumber, brick, plaster, sand or gravel.
For purposes of this definition, a boat is considered old, abandoned
or discarded if it is damaged to the extent it is not seaworthy.
Discarded paper, wrapping material, used beverage or food
containers, rubbish, trash or garbage.
Any person, firm or corporation, both public and private,
claiming or having possessory control of any property.
A person, firm or corporation, both public and private, claiming
title of any property.
A natural person, joint venture, joint stock company, partnership,
association, club, companies, or lessee, agent, servant, officer or
employee of any of them.
Land, including an easement on, through or across the property
and unpaved street and alley right-of-way adjacent to the real property.
An accumulation of worn-out, used, broken or rejected materials,
and includes garbage, litter, rubbish, yard waste and other decayable
or nondecayable waste. It includes, but is not limited to, old barrels,
old tires, tree and brush trimmings and unused household items and
appliances. It does not include compost heaps.
All loose and decayed material and dirt-like substances which
is not intended for use, or which accumulates from building, storing
or cleaning, trash, debris, rubble, stone or fragments of building
materials.
A tract of land with no structure situated thereon.
Grass and brush trimmings, trees or tree limbs, hedge or
shrub cuttings, leaves, weeds, vines or other decayable waste which
is generated by maintaining a yard.
(Ordinance 493-15 adopted 4/16/15)
A person, who owns, occupies or has supervision or control of
any lot, tract or parcel of land or portion thereof commits an offense
if the person permits grass, weeds, brush or any plant that is not
cultivated thereon to grow, on an average, to a height greater than
twelve (12") inches.
(Ordinance 493-15 adopted 4/16/15)
Weeds, brush, grass and plants not cultivated of a height in excess of the limits set forth in section 6.04.003 are defined as a nuisance in accordance with section 6.04.002 of this article.
(Ordinance 493-15 adopted 4/16/15)
A person who owns, occupies or has control of any lot, tract
or parcel of land greater than two acres that is undeveloped or under
cultivation shall not permit grass, weeds, brush or plants that are
not cultivated to grow, on an average, over twelve (12") inches in
height, within an area one hundred (100') feet in width measured from
each property line of the tract.
(Ordinance 493-15 adopted 4/16/15)
(a)
Grass and weeds.
Responsibility of adjacent property
owner: A person who owns any lot, tract or parcel of land or portion
thereof within the city shall not permit grass, weeds, brush or any
plant that is not cultivated to grow to a height greater than twelve
(12") inches, on an average, in, along, upon or across the sidewalk
or street adjacent to the same in the area between the property line
and the curbline.
(b)
Trimming of trees and shrubs.
A person who owns any
lot, tract or parcel of land or portion thereof within the city shall
be and is under a duty to trim and/or remove any trees, shrubs, bushes
or other forms of vegetation so as to provide a minimum vertical clearance
of twelve (12') feet to any canopy limbs that may encroach upon, into
or over the public street or sidewalk.
(Ordinance 493-15 adopted 4/16/15)
(b)
Method of notice.
The notice shall be given:
(1)
Personally to the owner in writing;
(2)
By letter addressed to the owner at the owner’s address as
recorded in the appraisal district records of the appraisal district
in which the property is located;
(3)
If the personal service cannot be obtained:
(A)
By publication in the city’s official newspaper once;
(B)
By posting the notice on or near the front door of each building
on the property to which the violation relates; or
(C)
By posting the notice on a placard attached to a stake driven into
the ground on the property to which the violation relates.
(c)
Unclaimed notices.
If the notice is mailed to a property owner in accordance with subsection (b) above, and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered delivered.
(d)
Contents of notice.
The notice shall contain:
(1)
The name and address of the record owners;
(2)
An identification, which is not required to be a legal description,
of the property upon which the violation is located;
(3)
A statement describing the violation and the work necessary to correct
the violation;
(4)
A statement advising the owner that, if the work is not completed
within ten (10) days, the city may complete the work and charge the
expenses to the owner; and
(5)
A statement that, if the city performs the work and the owner fails
to pay the expenses, a priority lien may be placed on the property.
(e)
Subsequent violations.
Although it is not required,
the city may:
(1)
Inform the owner by regular or certified mail and a posting on the
property that, if the owner commits another violation of the same
kind (failure to mow weeds or high grass) on or before the first anniversary
of the date of the notice, the city without further notice may correct
the violation at the owner’s expense and assess the expenses
against the property; and
(2)
If a violation occurs within the one-year period, and the city has
not been informed in writing by the owner of an ownership change,
then the city, without notice, may take corrective action and assess
the expenses against the owner and the property.
(f)
Abatement by city.
If the owner does not cut the weeds,
grass or plants within ten (10) days of the notice, the city may go
on such property or authorize another to go on such property, and
do or cause the work to be done and charge the expenses incurred to
the owner of the property and assess the expenses against the real
estate on which the work is done. The remedy provided in this section
is in addition to any criminal penalties or other remedies authorized
by this article or other law.
(Ordinance 493-15 adopted 4/16/15)
(a)
The city does hereby assess the expenses incurred pursuant to section 6.04.007 against the real estate on which the work is done or improvements made and charge the owner of the property for the same.
(b)
The
city shall send the owner of the property upon which the work was
done a notice. This notice shall include:
(1)
An identification of the property;
(2)
A description of the violation;
(3)
A statement that the city abated the condition;
(4)
A statement of the city’s charges and expenses in abating the
condition;
(5)
An explanation of the property owner’s right to request a hearing
within ten (10) days; and
(6)
A statement that, in the event the owner fails or refuses to pay
the expense within thirty (30) days after the first day of the month
following the one in which the work was done, the city administrator
or his designee shall obtain a lien against the property by filing
with the county clerk of the appropriate county a statement of the
expenses so incurred.
(c)
The
city administrator or his designated representative will conduct a
hearing if the property owner submits a written request within ten
(10) days of the date of the notice. At the hearing:
(1)
The owner and the city may testify or present witnesses or written
information related to the city’s abatement of the nuisance.
(2)
The city has the burden to show that a violation of this article
existed, notice was given in substantial compliance with this article,
and expenses were incurred to abate the violation.
(3)
At the close of the hearing, the city administrator or his representative
may find, based upon a preponderance of the evidence, that the expenses
are valid, or that they are erroneous, or he may adjust them.
(d)
If
no hearing is requested, or a hearing is held and the expenses are
determined to be valid or are otherwise appropriately adjusted, and
the owner fails or refuses to pay the expenses within thirty (30)
days after written notification to pay, the city administrator or
his designated representative shall place a lien against the property
by filing with the county clerk of the county in which the property
is located a notice of lien and statement of expenses incurred.
(e)
The
lien is security for the expenditures made and interest accruing at
the rate of ten (10) percent annum from the date of payment by the
city.
(f)
When
the statement is filed, the city shall have a privileged lien on that
property, second only to tax liens and liens for street improvements.
(g)
For
any such expenditures and interest, suit may be instituted and recovery
and foreclosure had by the city. The statement of expenses, or a certified
copy thereof, is prima facie proof of the expenses incurred by the
city in doing the work or making the improvements, all as more particularly
specified in Texas Health and Safety Code ann. section 342.007, as
amended, which is adopted and incorporated herein by reference.
(Ordinance 493-15 adopted 4/16/15)
(a)
Abatement.
The city may abate, without prior notice,
weeds that have grown higher than forty-eight (48") inches and are
an immediate danger to the health, life or safety of any person.
(b)
Notice.
Not later than the tenth (10th) day after the date the city abates weeds under this section, the city shall give notice to the property owner in the same manner provide in section 6.04.007 of this article.
(c)
Hearing.
The city administrator or his designated representative
shall conduct an administrative hearing under this section if, not
later than the 30th day after the date of the abatement of the weeds,
the property owner files with the city a written request for a hearing.
The hearing shall be conducted by the city administrator or his designated
representative not later than the 20th day after the date a request
for hearing is filed. At the hearing:
(1)
The owner and the city may testify or present witnesses or written
information related to the city’s abatement of the nuisance.
(2)
The city has the burden to show that a violation of this article
existed, notice was given in substantial compliance with this section,
and expenses incurred to abate the violation were reasonable.
(3)
The city administrator or his designated representative may approve
the expenses, deny the expenses, or adjust the amount of the expenses
and approve them as adjusted.
(Ordinance 493-15 adopted 4/16/15)
Any person violating sections 6.04.003, 6.04.005, or 6.04.006 of this article shall be deemed guilty of a misdemeanor and shall be punished upon conviction by a fine in accordance with the general penalty provision found in section 1.01.009 of this code. Each day a violation exists shall constitute a separate offense.
(Ordinance 493-15 adopted 4/16/15)
