It shall be unlawful for the owner, lessee or occupant of any
land, tract or lot or any portion thereof regardless of size upon
which there exists a man-made structure of any kind, within the corporate
limits of the city, to fail to maintain said property free of weeds,
grass and undergrowth over twelve inches (12") tall, or to fail to
maintain said property free from household trash, garbage, used building
materials and supplies, used and/or discarded household fixtures or
appliances, toxic materials, stagnant water, dead animals, brush piles,
debris, rubbish, materials which may constitute a fire hazard, and
any other matter or materials which may be detrimental to the health,
safety and welfare of the citizens of the city.
(Ordinance 37, sec. 5, adopted 9/8/81; Ordinance 90 adopted 8/5/86; Ordinance 252 adopted 2/11/03; 1982 Code,
ch. 6, sec. 5(A))
(a) It
shall be the duty of the city secretary and/or mayor, upon having
personal knowledge of any land, tract, lot or portion thereof regardless
of size, within the corporate limits of the city, that is in violation
of this article to serve written notice to the owner, lessee or occupant:
(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.
(b) 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.
(c) Such
notice shall state the nature of the violation, the legal address
of the property in violation, and the name of the person to whom notice
was sent or delivered.
(d) Upon
being served with such notice, the owner, occupant, lessee or any
other person having control of the property shall have ten (10) days
from the date of notification to bring said property into compliance
with the provisions of this article. In the event no address [is known]
for the owner, lessee or occupant, or any person having control of
the property, or if the notice of violation is returned to the city
unclaimed, then the city is hereby authorized to attempt to notify
such person by citation in the official newspaper of the city at least
two (2) times within ten (10) consecutive days. Such notice shall
contain therein a legal description of the subject property and the
name of the record owner and of any other persons or parties thought
to have ownership interest in such property. In addition to the record
owner, the notice shall also be addressed “To Whom It May Concern.”
(Ordinance 37, sec. 5, adopted 9/8/81; Ordinance 90 adopted 8/5/86; 1982 Code, ch. 6, sec. 5(B); Ordinance adopting 2015 Code)
After the proper giving of notice as hereinabove mentioned, the city may cause any of the work or improvements mentioned or required in section
6.04.001 hereof to be done initially at the expense of the city, on the account of the owner, lessee or occupant of the property on which such work or improvements are done, and cause all of the actual cost to the city to be assessed on the real estate or lot on account of which such expense is incurred. The city secretary shall file a statement of expenses incurred under this section, giving the amount of such expenses, the date on which such work was done and a description of the premises upon which such work was done or improvements made, with the county clerk. The city shall have a privileged lien on such lot or real estate upon which such work was done or improvements made to secure the expenditures so made, in accordance with the provisions of V.T.C.A., Health and Safety Code, section 342.007, which lien shall be second only to tax liens and liens for street improvements, and such amount shall bear interest at the maximum legal rate provided by law, from the date the statement was filed. For any such expenditures and interest, as aforesaid, suit may be instituted and recovery and foreclosure of such lien may be had in the name of the city, and the statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements.
(Ordinance 37, sec. 5, adopted 9/8/81; Ordinance 90 adopted 8/5/86; 1982 Code, ch. 6, sec. 5(C); Ordinance 252 adopted 2/11/03; Ordinance adopting 2015 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 2015 Code)
Any person who violates the provisions of section
6.04.001 of this article shall be deemed guilty of a misdemeanor, and upon conviction shall be fined as provided for in section
1.01.009 of the city Code of Ordinances. Furthermore, any person who obstructs or attempts to obstruct the city or any of its employees or authorized agents from enforcing the provisions of this article shall be guilty of a misdemeanor, and upon conviction shall be fined as provided for in section
1.01.009 of the city Code of Ordinances.
(Ordinance 90 adopted 8/5/86; 1982 Code, ch. 6, sec. 5(D))