Any act, condition or thing existing, done or in being within
the city, or within the city’s extraterritorial jurisdiction,
which endangers the public peace, property, health and safety of the
citizens of the city is hereby declared to be a public nuisance.
(1975 Code, sec. 17-16; 2004 Code,
sec. 8.101)
Mesquite trees, greasewood, cacti or any other tree or shrubbery
occurring naturally in the area.
Tree and shrub trimmings which are not susceptible to placement
in regulation containers.
Dirt, concrete, rocks, bricks, other wastes or building materials.
The carcass of an animal exposed so that noxious or disagreeable
odors may escape therefrom and contaminate the air.
Shall include, among other similar matter, all animal or
vegetable matter, such as waste materials and refuse from kitchens,
residences, grocery stores, butcher shops, restaurants, cafes, hotels,
rooming houses and boarding houses, and other deleterious substances.
Worn-out, worthless, and discarded material, including odds
and ends, old iron or other metal, glass and paper.
As defined in the zoning regulations, plus any additional
real property located between the property line and the curb or the
property line and one-half the width of the alley.
Waste meat products or parts of a butchered animal rejected
as unfit for use.
A condition of good order and cleanliness that precludes
the probability of disease transmission.
All refuse other than garbage, debris and brush, as herein
defined, including any household trash and yard trash (grass clippings,
leaves, etc.).
Land which has not been cleared either fully or partially,
and is in an undisturbed, natural condition for this part of the state.
(Ordinance 943 adopted 8/6/03; 2004 Code, sec. 8.102)
It shall be unlawful for any person to burn, dump, place, deposit
or throw, or otherwise dispose of, or permit or cause to be burned,
dumped, placed, deposited or thrown, any garbage, trash, brush, broken
glass, bottles, loose waste or refuse of any kind on public or private
property in the city, unless the same has been deposited in accordance
with the garbage collection provisions of this code. A violation of
this section, when committed against or upon public property or property
owned or occupied by another, shall constitute a trespass on such
property. Violations of this section shall include but are not limited
to the following:
(1)
Vegetation and trimmings.
The throwing, placing, dumping
or depositing of any lawn trimmings, hedge trimmings or any other
cuttings or trimmings of weeds, flowers or other vegetation on or
in any gutter, street, sidewalk, parkway, driveway, curb, alley or
any other public property of the city, or in or on any lot, vacant
or occupied, driveway or other private property in the city.
(2)
Garbage and refuse.
The throwing, placing, dumping or
depositing of any garbage or refuse of any kind on or in any gutter,
street, sidewalk, parkway, driveway, curb, alley or any other public
property of the city, or on in any lot, vacant or occupied, driveway
or other private property in the city.
(3)
Unsanitary matter.
The throwing, placing, dumping or
depositing of any animal, vegetable or mineral matter or any composition
or residue thereof which is an unsanitary condition or injurious to
public health on or in any gutter, street, sidewalk, parkway, driveway,
curb, alley or any other public property of the city, or on or in
any lot, vacant or occupied, driveway or other private property in
the city.
(Ordinance 943 adopted 8/6/03; 2004 Code, sec. 8.103)
(a)
Growth restrictions.
(1)
It shall be unlawful for any person or entity owning or having supervision
or control of any lot, tract, parcel of land or portion thereof, occupied
or unoccupied, improved or unimproved, within the corporate limits
of the city, to permit uncultivated grass, weeds or brush to grow
to a height greater than twelve inches (12") on any lot, tract or
parcel of land within the corporate limits of the city.
(2)
It shall be unlawful for any person or entity owning or having supervision
or control of any lot, tract parcel of land or portion thereof, occupied
or unoccupied, improved or unimproved, within the corporate limits
of the city, to permit grass, weeds or any plant to grow in, upon
or across the sidewalk or street adjacent to the lot or property in
the area. Cultivated vegetation may be adjacent to the sidewalk when
not in violation of other city ordinances. Special concern must be
afforded corner lots to prevent violation of other city ordinances
regarding view obstruction.
(3)
The fact that a person is a present occupant of the premises shall
be prima facie evidence that the person has supervision and control
of the property. If the premises are unoccupied, the fact that a person
is listed by the current tax roll as the owner shall be prima facie
evidence that the person is the owner and has supervision and control
of the lot.
(b)
Affirmative defenses.
The following shall be affirmative defenses to any charge of permitting grass, weeds or brush to grow in violation of subsection (a) above:
(1)
The grass, weeds or brush is/are located on land that is being used
as a pasture for the grazing of livestock.
(2)
The grass, weeds or brush is/are located on land that is being used
as a garden or is being cultivated for agricultural purposes.
(3)
The brush has a central trunk with a girth of ten inches (10") or
more at its base.
(4)
The grass, weeds or brush is/are located on public property owned
by the state or any of its subdivisions, and such governmental entity
has determined that it is in the public interest that such property
should remain in its natural, undisturbed condition and the vegetation
on such property is in its native biome and the condition of such
property does not present a danger or hazard to adjacent properties.
(5)
The code enforcement officer has determined that there is just cause
to permit grass, weeds or brush to grow to a height greater than twelve
inches (12") on a lot, tract or parcel of land within the corporate
limits of the city. Just cause shall exist if one or more of the following
factors applies to the lot, tract or parcel of land in question:
(Ordinance 943 adopted 8/6/03; 2004 Code, sec. 8.104)
It shall be unlawful for any person or entity owning or having
supervision or control (including building contractors) of any lot,
tract, parcel of land or portion thereof, occupied or unoccupied,
improved or unimproved, within the corporate limits of the city, to
permit any junk, debris, and any and all other objectionable or unsightly
matter of whatever nature to accumulate upon any such lot, tract or
parcel of land.
(Ordinance 943 adopted 8/6/03; 2004 Code, sec. 8.105)
It shall be unlawful for any person or entity owning or having
supervision or control (including a building contractor) of any lot,
tract, parcel of land or portion thereof, whether occupied or unoccupied,
improved or unimproved, within the corporate limits of the city, to
permit any of the following unsanitary conditions to exist on, or
emanate from, any such lot, tract or parcel of land:
(1)
Stagnant
water or any collection of water that may allow the breeding of insects,
exposed animal carcasses, or any open drain, sewer or cesspool;
(2)
Any
waste products, offal, polluting material, spent chemicals, liquors,
brines, garbage, rubbish, refuse, sewage, used tires, or other waste
of any kind that is stored, deposited or disposed of in a manner that
may cause the pollution of the surrounding land, the contamination
of groundwater or surface water or the breeding of insects or rodents;
(3)
Any
waste products, offal, polluting material, spent chemicals, liquors,
brines, garbage, rubbish, refuse, sewage, used tires, or other waste
of any kind that is accumulating in, being discharged into or flowing
into or on any gutter, street, sidewalk, parkway, driveway, curb,
alley or any other public property of the city, or in or on any lot,
vacant or occupied, driveway or other private property in the city;
or
(4)
Any
garbage or waste receptacle or container that is in an unsanitary
condition.
(Ordinance 943 adopted 8/6/03; 2004 Code, sec. 8.106)
The code enforcement officer of the city or his designee may
inspect or cause to be inspected any property that is or may be in
an unsanitary condition.
(Ordinance 943 adopted 8/6/03; 2004 Code, sec. 8.107)
It shall be the duty of any person owning or having supervision
or control of any lot, tract, parcel of land or portion thereof to:
(1)
Remove
all vegetation, trimmings, garbage and refuse;
(2)
Cut
or cause to be cut all grass, weeds, and brush;
(3)
Remove
or cause to be removed any and all junk or unsightly matter; or
(4)
Fill,
drain, repair, remove or clean any condition on such lot, tract, parcel
of land or portion thereof that is in violation of this article, or
take any and all other action necessary to comply with this article,
as often as may be necessary.
(Ordinance 943 adopted 8/6/03; 2004 Code, sec. 8.108)
(a)
No
person shall place or deposit the exposed carcass of any animal on
any street, alley, highway or public place or on private property
within the city.
(b)
No
person shall allow or permit any animal that has died, and which at
the time of death was owned or controlled or kept by such person,
to be in or upon any street, alley, lot or other place in the city.
Such person or persons shall cause the carcass to be disposed of as
the director of health or his designee may direct.
(c)
An
exposed animal carcass is deemed to be a nuisance and a danger to
the public health, safety and welfare. Notwithstanding any other remedy
or remedies available to the city under this article or any other
ordinance or statute, the code enforcement officer or his designee,
or any animal control officer or peace officer, may enter upon any
premises, whether public or private, where an animal carcass is located
to retrieve it and dispose of it in compliance with this section if:
(1)
The carcass has reached a stage of decomposition or the environmental
conditions are such that noxious odors are emanating from the carcass,
or insects, vermin or other animals have been drawn to the site; or
(2)
The exposed animal carcass is not disposed of in compliance with
this section within 24 hours of the animal’s death.
(d)
Any
expenses incurred by the city for such removal shall be deducted from
the commercial value derived from the carcass, if any, or assessed
against the owner of the animal along with any penalty or penalties
for violation of this article.
(Ordinance 943 adopted 8/6/03; 2004 Code, sec. 8.109)
(a)
In
the event that the person owning or having supervision or control
of any lot, tract, parcel of land, or portion thereof shall fail to
comply with the requirements of remediation of this article, notice
of such violation shall be given prior to exercising the authority
granted in this article.
(b)
Such
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; 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 a municipality mails a notice to a property owner in accordance
with this section, 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.
After a property owner has been given
one (1) notice of violation on a lot, tract or parcel of land, annual
notice may be given to the property owner. Annual notice must be mailed
to the owner at the address recorded with the appraisal district and
posted on the property. Once the city has given such annual notice,
no further notice shall be required prior to abatement for that lot,
tract or parcel of land for a one (1) year period. If the city does
not receive notice of a change in ownership, the city may abate any
nuisance contained on the property covered by this article without
further notice and assess expenses to the owner.
(d)
Contents of notice.
The notice of violation shall at
a minimum contain the following:
(1)
The name of the owner, if known, of the premises proposed to be entered
upon by the city;
(2)
The address or legal description of the premises proposed to be entered
upon by the city;
(3)
The offending conditions existing on the lot, tract or parcel of
land;
(4)
A statement that the recipient has seven (7) days from the date of
notice to correct the violation, that if he/she fails to do so, the
city will enter upon the premises and remedy the same, and that the
city is entitled to attach a lien to the property to secure payment
for the services rendered; and
(5)
A statement that the recipient is entitled to a hearing.
(e)
Additional contents of annual notice.
If an annual notice
is given, it shall state, in addition to the foregoing, that the city
may enter upon the premises to remedy any violation at thirty (30)
day intervals during the year.
(f)
Owner-requested work.
In the event the owner of any
such property requests that the city do such work as is necessary
in order to abate or prevent a violation of this article, then such
request will negate the requirement for notification of violation
by the city, and the city will have the same remedies as hereinafter
set forth.
(g)
Abatement of dangerous weeds without notice.
Notwithstanding
the foregoing provisions, the city may abate, without prior notice,
any weeds that have grown to a height of 48 inches and are an immediate
danger to the health, life or safety of any person. In the event that
city abates weeds pursuant to this subsection, the requirements set
forth in the Texas Health and Safety Code for such abatement shall
govern.
(Ordinance 943 adopted 8/6/03; 2004 Code, sec. 8.110)
(a)
Abatement authorized.
If the owner of any lot, tract,
parcel of land or portion thereof does not comply with the provisions
of this article within seven (7) days of receipt of notice of violation,
the city or its agents may:
(b)
Assessment of expenses; lien.
(1)
The city manager may assess the expenses incurred by the city in
exercising the authority granted in this section. The city attorney,
or an assigned representative, may file a statement with the county
clerk of such expenses, including administrative, filing and publication
costs, incurred in abating the unsanitary condition on said premises.
The lien statement must state the name of the owner, if known, and
a legal description of the property. The city shall have a privileged
lien on such lot, tract or parcel of land, second only to tax liens
and liens for street improvements, for the expenses incurred, together
with interest at the rate of ten percent (10%) per year on the amount
due from the date the city paid or incurred such expenses. For any
such expenditures and interest, suit may be instituted and recovery
and foreclosure had in the name of the city, and the statement of
expenses, or a certified copy thereof, shall be prima facie proof
of the amount expended in any such work performed by the city.
(2)
The code enforcement officer shall execute and file a release of
lien for the subject property with the county clerk within a reasonable
time after payment of the amount due on the property including interest
through the date of payment.
(c)
Hearing.
Any person or entity receiving an abatement
notice under this article shall have the right to meet with the code
enforcement officer or his designee within ten (10) days of receipt
of such notice to assert any legal defense as to why the city should
not proceed with abatement and attachment of a lien as provided in
this article.
(Ordinance 943 adopted 8/6/03; 2004 Code, sec. 8.111)
Any person convicted of violating any provision of this article shall be guilty of a misdemeanor and shall be subject to a fine in accordance with the general penalty provision set forth in section 1.01.009 of this code.
(Ordinance 943 adopted 8/6/03; 2004 Code, sec. 8.112)
