For purposes of this article, the following terms shall have
the meaning shown:
Whether living, dormant, or dead:
All grasses, weeds, and other plants in excess of twelve (12)
inches in height that are cultivated and growing in rank profusion;
Noxious weeds;
Uncultivated brush or weeds in excess of twelve (12) inches
in height; or
Shrubs and tree limbs that overhang or obstruct public sidewalks,
streets, or alleys.
|
Provided however, the term excess vegetation shall not include
cultivated flowers, gardens, and lawns. Exceptions to the general
requirements of this article shall be made for pastureland used for
grazing which may not exceed a height of twenty-four (24) inches.
|
Upon a lot, tract, or parcel of land; along the sidewalk
or street adjacent to the premises between the property line and the
curb, or if there is no curb, then within ten (10) feet outside of
that property line; or in an alley or easement adjacent to the premises
measured to the centerline of such alley or easement.
Animal or vegetable waste resulting from the handling, preparation,
cooking and consumption of food; ashes and similar material; boxes,
bricks, broken concrete; cans, cartons, clinkers, clothing, combustible
and noncombustible waste materials; construction waste, crockery;
dead tree stumps, dead trees, debris, dirt, discarded appliances;
excelsior; furniture designed for interior use, glass, gravel; inoperable
or discarded ATV’s, motorcycles, bicycles, or lawn care equipment;
junk; leather, lumber; mineral matter; other bulky heavy materials;
paper, plaster, plastics; rags, refuse, rubber, rubbish, rubble; sand,
scrap lumber, scrap metal; shingles; residue from the burning of wood,
coal, coke and other combustible materials; tires, tree branches;
vehicle frames, parts or accessories; wheels; yard trimmings, or any
other unsightly or unsanitary matter of whatever nature.
(Ordinance adopting Code)
(a)
It
shall be the duty of every person having ownership, occupancy, supervision,
or control of any premises to remove or cause to be removed all trash
and excess vegetation as often as may be necessary to comply with
this article. It shall be unlawful for any person owning, occupying,
or having supervision or control of any premises, whether occupied
or unoccupied, within the city limits, to:
(b)
All such conditions described in subsection (a) are hereby declared to be a public nuisance and shall be abated by cutting, trimming, or removal in accordance with this article. A declaration of nuisance and all of the terms of this article shall be applicable to and enforceable within the city limits.
(Ordinance adopting Code)
(a)
The building official and/or fire marshal shall cause to be examined every premises suspected of being in violation of the provisions of this article. When an apparent violation is found to exist, the building official and/or fire marshal shall give a written notice of the violations to the persons described in sections 6.02.004(1) or (2) of this article. Such notice shall describe the violation and the necessary steps to correct such violation.
(b)
Written
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’s records; or
(3)
If personal service cannot be obtained, notice may be given by:
(A)
Publication at least once;
(B)
Posting the notice on or near the front door of each building on
the property to which the violation relates; or
(C)
Posting the notice on a placard attached to a stake driven into the
ground on the property to which the violation relates, if the property
contains no buildings.
(4)
If the city mails a notice to a property owner in accordance with
this subsection 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 as delivered.
(c)
Annual notice.
In a notice provided under this section,
the city may inform the owner by regular mail and a posting on the
property, or by personally delivering the notice, that if the owner
commits another violation of the same kind or nature that poses a
danger to the public health and safety 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 expense
against the property. If a violation covered by a notice under this
subsection occurs within the one-year period, and the city has not
been informed in writing by the owner of an ownership change, the
city may abate any nuisance contained on the property covered by this
article without further notice and assess expenses to the owner.
(Ordinance adopting Code)
The following procedures shall apply to the several kinds of
nuisance violations arising under this article:
(1)
Excess vegetation; opportunity to cure; city abatement.
The building official and/or fire marshal shall give notice as required in section 6.02.003 to the recorded owner of the premises. The owner shall have ten (10) calendar days from the date the initial notice of violation is mailed or served in which to mow, trim, cut or remove excess vegetation, or to cause such to occur. At the expiration of such ten (10) days the building official and/or fire marshal or designee may enter upon the premises and may do necessary work or cause the same to be done, in order to abate and remove the matters mentioned in this subsection, further, in accordance with state law, if the owner, occupant, or person in control of or having supervision of the premises subsequently allows or commits another violation of the same kind or nature, under this subsection, that poses a danger to the public health and safety on or before the first anniversary date of the notice sent by the city per this article, then without further notice the city may enter and abate the violation at the owner’s expense and assess such expense against the property, as further provided herein.
(2)
Accumulation of trash; opportunity to cure; city abatement.
The building official and/or fire marshal shall give notice as required in section 6.02.003 to the recorded owner, occupant, or person in control of, or having supervision of the premises. If such person(s) cannot abate the violation within ten (10) calendar days after the notice of violation is mailed or served, due to the volume or amount of material, personal property, or trash present on the premises, or for circumstances beyond the reasonable control of the person(s), then he/she may apply for a provisional permit in accordance with the requirements of article 3.02 of this code in order to obtain more time to abate the nuisance under this subsection, if the person fails, refuses, or neglects to either timely abate the violation or to obtain a provisional permit and timely perform it, then the building official and/or fire marshal may obtain an administrative search warrant to enter the premises and abate the violation by removal of the items that violate this article. Provided however, if the estimated cost to the city for abating the nuisance under this subsection is one thousand dollars ($1,000.00) or greater, then the building official and/or fire marshal may condemn and remove such only after notice to persons described hereinabove and a hearing conducted in accordance with the procedures of article 3.02 (with appropriate wording changes to refer to violations of this article and removal or cleaning, instead of dangerous structures and abatement thereof).
(3)
Junked or abandoned vehicles; diseased vegetation; salvage yards.
The regulation and abatement of these shall be in accordance
with the applicable portions of this code or other applicable ordinance
or state law.
(Ordinance adopting Code)
Should the city have to enter the premises and abate or remove
any violation of this article, then:
(1)
Invoice; due date; administrative charge.
The invoice
for the costs incurred by the city resulting from the abatement of
the condition existing by reason of the failure, refusal, or neglect
of the owner or other person in control of a premises, shall be mailed
to the recorded title owner of the premises and any recorded lienholder,
and must be paid within thirty (30) days after the mailing of the
invoice. In addition to all other actual costs incurred, an administrative
charge as provided in the fee schedule shall be added to cover the
city’s cost of inspection, re-inspection, notices, bookkeeping
and other administrative expenses. The building official and/or fire
marshal or designee shall provide a statement of the charges and other
information needed for preparation of the invoice, in the form and
process prescribed by the city’s account receivable staff.
(2)
Filing lien statement with county clerk.
If the invoice is not paid within the period specified in subsection (1), the city may file a statement, signed by the building official and/or fire marshal, with the county clerk of the county where the premises is located, that shows the owner’s name, description of premises, and the actual expenses incurred by the city for the abatement plus the administrative charge. Thereupon the city shall have a privileged lien on the lot upon which such expense is incurred, second only to tax liens and liens for street improvements, for the cost as specified in subsection (1) of this section plus interest of ten (10) percent per annum or as otherwise allowed by law from the date payment is due.
(3)
Suit for recovery and foreclosure.
For all costs incurred,
administrative charge, and interest, suit may be instituted by the
city attorney or designee for recovery and foreclosure to be had in
the name of the city, as allowed by law.
(Ordinance adopting Code)
(a)
The
city may abate, without 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)
Not
later than the 10th day after the date the city abates weeds under
this section, the city shall give notice to the property owner in
the manner required by section 342.006 of the Health and Safety Code.
(c)
The
notice shall contain:
(1)
Identification, which is not required to be a legal description,
of the property;
(2)
A description of the violations of this article that occurred on
the property;
(3)
A statement that the city abated the weeds; and
(4)
An explanation of the property owner’s right to request an
administrative hearing related to the city’s abatement of the
weeds.
(d)
The
city shall conduct an administrative hearing on the abatement of weeds
under this section if the property owner files with the city a written
request for a hearing within thirty (30) days of the date of the notice
required under this section.
(e)
An
administrative hearing conducted under this section shall be conducted
not later than the 20th day after the date a request for a hearing
is filed. The owner may testify or present any witnesses or written
information relating to the city’s abatement of the weeds.
(f)
The
city may assess expenses and create liens under this section as it
assesses expenses and creates liens under section 342.007 of the Health
and Safety Code. A lien created under this section is subject to the
same conditions as a lien created under section 342.007 of the Health
and Safety Code.
(g)
The
authority granted a city by this section is in addition to the authority
granted by Health and Safety Code, section 342.006.
(Ordinance adopting Code)
