This article may be referred to as the city’s “clean
lot ordinance.”
(Ordinance 2012-5-15B, sec. I, adopted 5/15/12)
This article is adopted to promote the public health, safety,
morals and general welfare within the city through reasonable regulation
of nuisances. The purpose of this article is to protect the citizenry,
maintain property values, prevent pest and vermin, protect air quality
and preserve the water resources of the city.
(Ordinance 2012-5-15B, sec. I, adopted 5/15/12)
It shall be unlawful for any person to violate any provisions
of this article.
(Ordinance 2012-5-15B, sec. I, adopted 5/15/12)
The provisions of this article shall apply within the incorporated
municipal boundary of the city.
(Ordinance 2012-5-15B, sec. I, adopted 5/15/12)
(a)
General.
Words and phrases used in this article shall
have the meanings set forth in this section. Words and phrases that
are not defined in this article but are defined in other ordinances
of the city shall be given the meanings set forth in those ordinances.
Other words and phrases shall be given their common, ordinary meanings
unless the context clearly states otherwise. Headings and captions
are for reference purposes only, and shall not be used in the interpretation
of this article.
(b)
Animal carcass.
Brush.
Brush trimmings.
Building.
City limits.
Code enforcement officer.
Debris.
Garbage.
Junk.
Lot.
Neighborhood.
Offal.
Person.
Premises, private property, lot or tract.
Public street or street.
Receptacle.
Refuse.
Rubbish.
Sanitary.
Trash.
Undeveloped land.
Weeds.
Specific.
The carcass of an animal exposed so that noxious or disagreeable
odors may escape therefrom and contaminate the air.
Mesquite trees, greasewood, cacti, or any other tree or shrubbery
occurring naturally in the area that has a central trunk with a girth
of less than ten inches (10") at its base. The term expressly excludes
ornamental or shade trees that were planted.
Tree and shrub trimmings, which are not susceptible to placement
in regulation containers.
A structure built for the support, shelter, or enclosure
of a person, animal, chattel, machine, equipment, or other moveable
property.
The incorporated municipal boundary of the city.
The code enforcement officer of the city or officer’s
designee. The term may also include a licensed peace officer employed
by the city.
Dirt, concrete, rocks, bricks, scrap wood, other waste or
building materials.
Waste capable of decay from a public or private establishment
or restaurant. The term includes vegetable, animal, and fish offal
and animal and fish carcasses, but does not include sewage, body waste,
or an industrial byproduct.
Worn out, worthless, discarded material, including odds and
ends, old iron or other metal, glass, and paper.
A lot as defined in the zoning regulations plus any additional
real property located between the property line and 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.
Any human individual, association, corporation, institution,
or governmental entity occupying, owning, leasing, renting, or residing
upon a lot that is subject to this article. 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 said property. If the
premises are unoccupied, the fact that the current 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 said
lot.
All privately owned property, including vacant land or a
building designed or used for residential, commercial, business, industrial,
or religious purposes. The term includes a yard, ground, walk, driveway,
fence, porch, steps, or other structure appurtenant to the property.
The entire width between property lines of a road, street,
way, thoroughfare, or bridge if any part of the road, street, way,
thoroughfare, or bridge is open to the public for vehicular or pedestrian
traffic.
A container that is composed of durable material and designed
to prevent the discharge of its contents and to make its contents
inaccessible to animals, vermin, or other pests.
Garbage, rubbish, paper, and other waste both capable and
not capable of decay, including vegetable matter and fish and animal
carcasses.
Waste not capable of decay from a public or private establishment
or residence.
A condition of good order and cleanliness that precludes
the probability of disease transmission.
Animal carcasses, brush, garbage, debris, junk, offal, refuse,
rubbish, and, as herein defined, including any household trash, yard
trash (grass clippings, leaves, etc.) or construction trash.
Land in a natural, primitive state that lacks improvements,
infrastructure, or utilities and that is located in an unincorporated
area at least 5,000 feet outside the boundaries of a home-rule municipality.
All rank and uncultivated vegetable growth or matter that:
(Ordinance 2012-5-15B, sec. II,
adopted 5/15/12; Ordinance
2016-4-26C, sec. 2.01, adopted 4/26/16)
It shall be unlawful for any person to dump, place, deposit,
or throw, or otherwise dispose of any trash of any kind on public
or private property. A violation of this section shall constitute
a trespass on said property when committed against or upon any public
property or property owned or occupied by another person. 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 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.
(2)
Trash.
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 any private lot, vacant or occupied, [or] other
private property.
(3)
Unsanitary matter.
The throwing, placing, dumping, or
depositing of any animal, vegetable or mineral matter or any composition
or residue thereof, which is in 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.
(Ordinance 2012-5-15B, sec. II,
adopted 5/15/12; Ordinance adopting
Code)
(a)
Growth restrictions.
(1)
It shall be unlawful for any person to allow any lot, tract, parcel
of land or portion thereof, occupied or unoccupied, improved or unimproved
to allow uncultivated grass, weeds, or brush to grow to a height greater
than 12 inches on any lot, tract, or parcel of land, or portion thereof.
(2)
It shall be unlawful for any person to allow any lot, tract, parcel
of land, or portion thereof, occupied or unoccupied, improved or unimproved
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. Weeds and vegetation may not be allowed to
grow along sidewalks or streets in a manner that obstructs the lines
of sight for motorists or pedestrians or that hinders municipal use
of the public rights-of-way.
(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) of this section:
(1)
The grass, weeds, or brush is/are located on land that is actively
being used as a pasture for grazing livestock.
(2)
The grass, weeds, or brush is/are located on land that is being used
as a garden or is currently being cultivated for agricultural purposes.
(3)
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.
(4)
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. Just cause
shall exist if one or more of the following factors apply to the lot,
tract or parcel of land in question:
(Ordinance 2012-5-15B, sec. II,
adopted 5/15/12)
It shall be unlawful for any person to permit any trash to accumulate
upon any such lot, tract, or parcel of land.
(Ordinance 2012-5-15B, sec. II,
adopted 5/15/12)
It shall be unlawful for any person to permit any of the following
unsanitary conditions defined herein as one or more of the following
“public nuisances” to exist on, or emanate from, any such
lot, tract, or parcel of land. public nuisances shall consist of one
or more of the following, each of which shall be considered a separate
violation:
(1)
Keeping,
storing, or accumulating refuse on premises in a neighborhood unless
the refuse is entirely contained in a closed receptacle;
(2)
Keeping,
storing, or accumulating rubbish, including newspapers, abandoned
vehicles, refrigerators, stoves, furniture, tires, and cans, on premises
in a neighborhood or within 300 feet of a public street for 10 days
or more, unless the rubbish or object is completely enclosed in a
building or is not visible from a public street;
(3)
Maintaining
premises in a manner that creates an unsanitary condition likely to
attract or harbor mosquitoes, rodents, vermin, or disease-carrying
pests;
(Ordinance 2016-4-26C, sec. 2.02,
adopted 4/26/16)
It shall be unlawful for any person 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 other 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 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 onto 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; or
(4)
Any
garbage or waste receptacle or container that is in an unsanitary
condition.
(Ordinance 2012-5-15B, sec. II,
adopted 5/15/12)
The code enforcement officer may inspect or cause to be inspected
any property that is, or for which the officer has probable cause
to believe is in an unsanitary condition. In order to perform inspections
of private properties reasonably suspected of being in violation of
this article but which is not in plain view, the officer is authorized
to seek a search warrant from any judge of competent jurisdiction.
(Ordinance 2012-5-15B, sec. II,
adopted 5/15/12)
It shall be the duty of any person 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; (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 corrective
or remediation action necessary to comply with this article, as often
as may be necessary.
(Ordinance 2012-5-15B, sec. II,
adopted 5/15/12)
(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.
(b)
No
person shall allow or permit any animal that has died, 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 shall cause the carcass to be disposed of in a sanitary manner.
(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 any other city
employee or their designee 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 any other animals have been drawn to the site;
or
(2)
The exposed animal carcass is not disposed of 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 section.
(Ordinance 2012-5-15B, sec. II,
adopted 5/15/12; Ordinance adopting
Code)
(a)
Notice required.
In the event that the person 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)
Service of notice.
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’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.
(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. If the city opts to provide
annual notice, such notice shall 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-year period. If the city does not receive notice in a change
of 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 the premises and remedy the same, and that the city
is entitled to attach a lien to the property to secure payment for
services rendered; and
(5)
A statement that the recipient is entitled to a hearing.
(e)
Annual notice.
If 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-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)
Exception.
Notwithstanding the foregoing provisions,
the city may abate, without prior notice, any weeds that have grown
to a height of forty-eight (48) inches and are an immediate danger
to health, life, or safety of any person. In the event that the city
abates weeds pursuant to this subsection, the requirements set forth
in the Texas Health and Safety Code for such abatement shall govern.
(Ordinance 2012-5-15B, sec. II,
adopted 5/15/12; Ordinance
2016-4-26C, sec. 2.03, adopted 4/26/16)
(a)
Abatement.
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 and lien.
(1)
The city manager or his/her designee may assess 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 interests, 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 a 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 the abatement and attachment of a lien as provided
in this article. If such person or entity is unable to resolve such
issues abatement and/or attachment of lien, such person or entity
shall have the right to request an administrative hearing with the
city council to appeal such determination within thirty (30) days
of such meeting. The hearing shall be held not later than twenty (20)
days after the date of filing of the request for such hearing. At
such hearing:
(Ordinance 2012-5-15B, sec. II,
adopted 5/15/12; Ordinance
2016-4-26C, sec. 2.03, adopted 4/26/16)
(a)
Civil and criminal penalties.
The city shall have the
power to administer and enforce the provisions of this article as
may be required by governing law. Any person violating any provisions
of this article is subject to suit for injunctive relief as well as
prosecution for criminal violations. Any violation of this article
is hereby declared to be a nuisance.
(b)
Criminal prosecution.
Any person violating any provisions
of this article shall, upon conviction, be fined a sum not exceeding
two thousand dollars ($2,000.00) per occurrence. Each day that a provision
of this article is violated shall constitute a distinct and separate
offense. An offense under this article is a misdemeanor.
(c)
Civil remedies.
Nothing in this article shall be construed
as a waiver of the city’s right to bring a civil action to enforce
the provisions of this article and to seek remedies as allowed by
law, including but not limited to the following:
(1)
Injunctive relief to prevent specific conduct that violates this
article or to require specific conduct that is necessary for compliance
with this article;
(2)
A civil penalty up to one thousand dollars ($1,000.00) a day when
it is shown that the defendant was actually notified of the provisions
of this article and after receiving notice committed acts in violation
of this article or failed to take action necessary for compliance
with this article; and
(3)
Other available relief.
(Ordinance 2012-5-15B, sec. III,
adopted 5/15/12)
