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)
(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) 
Specific.
Animal carcass.
The carcass of an animal exposed so that noxious or disagreeable odors may escape therefrom and contaminate the air.
Brush.
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.
Brush trimmings.
Tree and shrub trimmings, which are not susceptible to placement in regulation containers.
Building.
A structure built for the support, shelter, or enclosure of a person, animal, chattel, machine, equipment, or other moveable property.
City limits.
The incorporated municipal boundary of the city.
Code enforcement officer.
The code enforcement officer of the city or officer’s designee. The term may also include a licensed peace officer employed by the city.
Debris.
Dirt, concrete, rocks, bricks, scrap wood, other waste or building materials.
Garbage.
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.
Junk.
Worn out, worthless, discarded material, including odds and ends, old iron or other metal, glass, and paper.
Lot.
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.
Neighborhood.
(1) 
A platted subdivision; or
(2) 
Property contiguous to and within 300 feet of a platted subdivision.
Offal.
Waste meat products or parts of a butchered animal rejected as unfit for use.
Person.
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.
Premises, private property, lot or tract.
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.
Public street or street.
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.
Receptacle.
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.
Refuse.
Garbage, rubbish, paper, and other waste both capable and not capable of decay, including vegetable matter and fish and animal carcasses.
Rubbish.
Waste not capable of decay from a public or private establishment or residence.
Sanitary.
A condition of good order and cleanliness that precludes the probability of disease transmission.
Trash.
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.
Undeveloped land.
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.
Weeds.
All rank and uncultivated vegetable growth or matter that:
(1) 
Has grown to more than 36 inches in height; or
(2) 
May create an unsanitary condition or become a harborage for rodents, vermin, or other disease-carrying pests, regardless of the height of the weeds.
(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:
(A) 
The topography of the land makes compliance with the subsection (a) of this section impractical;
(B) 
The density of the brush makes compliance with subsection (a) of this section impractical or impossible;
(C) 
Some act of the city makes compliance with subsection (a) of this section impractical or impossible; and the land does not otherwise present a danger or hazard to adjacent properties.
(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.
(4) 
If a municipality mails a notice to a property owner in accordance with subsection (b) 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. 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:
(1) 
Enter upon such premises and do such work as necessary, or cause the same to be done, in order that the premises may comply with the requirements set forth in this article; and
(2) 
Pay for the work or improvements made and the charge the expenses to the owner of the property.
(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:
(1) 
Standard rules of evidence are not required;
(2) 
Person or owner may testify or call witnesses in its behalf and may present information related to the abatement and/or liens; and
(3) 
City may call the code enforcement officer or such other witnesses as deemed appropriate.
(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)