For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning, and any words not herein defined shall be construed in the context used and by ordinary interpretation and not as a word of art:
Brush
means scrub vegetation or dense undergrowth.
Carrion
means the dead and putrefying flesh of any animal, fowl or fish.
Code enforcement official
means a city employee or person or entity acting under a contract with the city, authorized to enforce the provisions of this article and city ordinances, including but not limited to the building official, inspector, code enforcement officer, code compliance officer or designee.
Dump
means to dispose, discharge, place, deposit, throw, leave, sweep, scatter, unload or toss.
Filth
means any matter in a putrescent state.
Garbage
means any kitchen refuse, foodstuffs or related material, including all decayable waste.
Impure or unwholesome matter
means any putrescible or nonputrescible condition, object or matter that may, could or tends to cause injury, death or disease to human beings.
Junk
means all worn-out, worthless or discarded material, including but not limited to any of the following materials, or parts of said materials, or any combination thereof:
(1) 
New or used iron, steel or nonferrous metallic scrap, brass or waste materials;
(2) 
Used and/or inoperative household appliances, household electrical or plumbing fixtures, floor coverings and/or window coverings not currently in use;
(3) 
Used lumber, brick, cement block, wire, tubing and pipe, tubs, drums, barrels and/or roofing material not currently in use;
(4) 
Air conditioning and heating equipment not currently in use;
(5) 
Used vehicle components and parts not currently in use;
(6) 
Used furniture other than that designed for outdoor use or that which would normally be considered as antique furniture;
(7) 
Used and/or inoperative residential lawn care equipment and machinery not currently in use;
(8) 
Used pallets, windows or doors not currently in use;
(9) 
New or used sheetmetal, structural steel and/or chain not currently in use;
(10) 
Used and/or inoperable vending machines, radios and/or televisions not currently in use; and
(11) 
Any other type of used and/or inoperable machinery or equipment not currently in use.
Matter
means that of which any physical object is composed.
Nuisance.
(1) 
The term “nuisance” means any condition, object, material or matter that:
(A) 
Is dangerous or detrimental to human life or health;
(B) 
Renders the ground, the water, the air or food a hazard or likely to cause injury to human life or health;
(C) 
Is offensive to the senses; or
(D) 
Threatens to become detrimental to the public health.
(2) 
The term “nuisance” includes, but shall not be limited to: any abandoned or uncovered (including unsecured covered) wells, shafts or basements, abandoned refrigerators, stagnant or unwholesome water, sinks, privies, filth, carrion, rubbish, junk, trash, debris or refuse, impure or unwholesome matter of any kind, and any objectionable, unsightly or unsanitary matter of whatever nature.
Objectionable, unsightly or unsanitary matter
means any matter, condition or object that is objectionable, unsightly or unsanitary to a person of ordinary sensitivities.
Owner
means any person or entity shown as the property owner on the latest property tax assessment rolls or any person having or claiming to have any legal or equitable interest in the property, including any agent who is responsible for managing, leasing or operating the property; provided, however, an individual who is an employee of the owner or management company is not personally liable for criminal or civil penalties if the individual provides the property owner’s name, street address and telephone number to the code enforcement official, if the violation relates to a certificate of occupancy or certificate of completion relative to the construction of improvements on the property but not as to violations in construction or development of the property, consistent with state law as it exists and as it may be amended.
Property
means all privately owned, occupied or unoccupied property, including vacant land, and/or a building designed or used for residential, commercial, business, industrial or religious purposes. The term shall also include a yard, ground, wall, driveway, fence, porch, steps or other structure appurtenant to the property.
Putrescible
means the decomposition of organic matter with the formation of foul-smelling, incompletely oxidized products.
Refuse
means a heterogeneous accumulation of worn-out, used, broken, rejected or worthless materials, including but not limited to garbage, rubbish, paper or litter, and other decayable or nondecayable matter.
Rubbish
means junk, trash, debris, rubble, stone, useless fragments of building materials, and other miscellaneous, useless waste or rejected matter.
Trash and debris
means all manner of refuse, including but not limited to: mounds of dirt, piles of leaves, grass and weed clippings, paper trash, useless fragments of building materials, rubble, furniture other than furniture designed for outside use, useless household items and appliances, items of salvage, such as scrap metal and wood, old barrels, old tires, objects that hold water for an extended period of time, tree and brush trimmings, dead standing or fallen trees, and other miscellaneous wastes or rejected matter.
Urban nuisance
means any condition that exists and, because of violations of this article, is in a state of disrepair, such that it could reasonably cause injury, damage, harm or inconvenience to a considerable portion of the community and the use and enjoyment of property, materially interfering with the property use or comfort and enjoyment of surrounding property, taking into consideration the nature and use of the properties in the area and the character of the community in which they are situated, which condition would be substantially offensive and annoying to persons of ordinary sensibilities, taste and habits in the community. The term “urban nuisance” includes, but is not limited to:
(1) 
Fences that are leaning, falling down, missing boards or otherwise deteriorated;
(2) 
Motor vehicles, or parts thereof, that do not qualify as junked vehicles as defined by city ordinances and state statutes but that are wrecked, dismantled or partially dismantled, on blocks or trailers, or under tarps or other similar covering, in the process of repair, demolition or salvage.
Vegetative growth
means any grass, weeds, shrubs, trees, brush, bushes or vines.
Weeds
means any vegetation that because of its height is objectionable, unsightly or unsanitary, excluding: shrubs, bushes, trees, cultivated flowers and cultivated crops.
(Ordinance 200876, sec. 3 (66.61), adopted 7/1/08; 2013 Code, sec. 34-189)
(a) 
Any person violating or failing to comply with any provision or requirement of this article, who continues to violate or fail to comply with same within seven days after notice is given and received as set forth in section 7.04.007, shall also be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in accordance with the general penalty provided in section 1.01.009 of this code, such offense being a violation of the health and safety ordinances of the city. A separate offense shall be deemed committed upon each day during or on which a violation or failure to comply occurs or continues to occur. This section shall be in addition to and cumulative of the provisions for abatement of the nuisance by the city and charging the cost of same against the owner of the property.
(b) 
Notwithstanding subsection (a) of this section, any violation of any provision of this article that constitutes an immediate danger or threat to the health, safety and welfare of the public may be enjoined in a suit brought by the city for such purpose.
(c) 
In addition to any other remedies or penalties contained herein, the city may enforce the provisions of this article pursuant to the applicable provisions of Texas Local Government Code chapter 54, which provides for the enforcement of municipal ordinances.
(Ordinance 200876, sec. 3 (66.70), adopted 7/1/08; 2013 Code, sec. 34-190; Ordinance adopting 2021 Code)
(a) 
Prohibited conditions.
It shall be unlawful and declared a nuisance for any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the territorial limits of the city, to knowingly or intentionally permit or allow any stagnant or unwholesome water, sinks, refuse, filth, carrion, weeds, rubbish, brush, refuse, trash, debris, junk, garbage, impure or unwholesome matter of any kind, or other objectionable or unsightly matter of whatever nature, to accumulate or remain upon any such real property or within any public easement on or across such real property or upon any adjacent public street or alley right-of-way between the property line of such real property and where the paved surface of the street or alley begins.
(b) 
Dumping.
It shall be unlawful and declared a nuisance for any person to knowingly or intentionally dump, or permit to be dumped, upon or along any drain, gutter, alley, sidewalk, street, park, right-of-way or vacant lot into or adjacent to water, or any other public or private property within the territorial limits of the city, any unwholesome water, refuse, rubbish, trash, debris, filth, carrion, weeds, brush, junk, garbage, impure or unwholesome matter of any kind, or other objectionable or unsightly matter of whatever kind.
(c) 
Urban nuisances.
It shall be unlawful and declared a nuisance for any person owing, claiming or occupying or having supervision or control of any real property, occupied or unoccupied, within the territorial limits of the city, to knowingly or intentionally permit or allow an urban nuisance to exist on any residentially zoned property, or on property that abuts a residential use. It shall be an affirmative defense that:
(1) 
A permit was issued for the repair of the fence and such repair work is being diligently performed within the time frames authorized under the permit;
(2) 
The urban nuisance has existed on the property for less than 30 days and the person has documented proof of the anticipated date of removal;
(3) 
The urban nuisance is completely contained on an improved surface, fully screened from public view behind a fence or within a structure.
(d) 
Duties of occupants.
It shall be the duty of all persons to keep the sidewalks in front of their property free and clear of all such matter, and to fill up, drain or regrade any lots, ground or yards that have stagnant water thereon, and to cleanse and disinfect any house, building, establishment, lot, yard or ground from refuse, rubbish, trash, filth, carrion, or objectionable, unsightly or unsanitary matter of any kind, or other impure or unwholesome matter of any kind.
(Ordinance 200876, sec. 3 (66.62), adopted 7/1/08; 2013 Code, sec. 34-191)
(a) 
It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the territorial limits of the city, to knowingly or intentionally permit weeds, brush or any objectionable or unsightly matter to grow to a height greater than ten inches upon such real property within 200 feet of any property line that abuts street rights-of-way, alleys, utility easements, subdivided additions, developed property or any buildings or other structures. It shall be the duty of such person to keep the area from the line of his property to the curbline next adjacent to it, if there is a curbline, and, if not, then to the centerline of the adjacent unpaved street, or to the edge of the pavement, cleared of the matter referred to in this subsection. All vegetation (including hay unless the hay is cultivated on property that has been granted an agricultural property tax exemption on the most recent tax roll as certified by the county appraisal district in the county in which the property is located), except regularly cultivated row crops, that exceeds ten inches in height shall be presumed to be objectionable and unsightly matter; provided further that regularly cultivated row crops shall not be allowed to grow within the right-of-way of any public street or easement nor shall such crops be allowed to obstruct the necessary view to and from adjacent rights-of-way, but shall be kept mowed as provided in this subsection.
(b) 
With respect to lots, tracts or parcels of land of five or more acres, the provisions of this section shall not apply to any area situated more than 200 feet from any open public street or thoroughfare, as measured from the right-of-way line of said street or thoroughfare, and situated more than 200 feet from any adjacent property under different ownership and on which any building is located or on which any improvement exists, as measured from the property line.
(Ordinance 200876, sec. 3 (66.63), adopted 7/1/08; 2013 Code, sec. 34-192)
(a) 
For purposes of ascertaining whether violations of this article exist, the code enforcement official is authorized to inspect the exterior of a structure and premises that contain no structure.
(b) 
If entry onto the property is refused, the code enforcement official shall have every recourse provided by law, including but not limited to an administrative search warrant or an injunction, to secure entry. If the owner, occupant, or person in control cannot be identified or located, the code enforcement official shall be authorized to enter the property to the extent allowed by, and in accordance with, law.
(Ordinance 200876, sec. 3 (66.64), adopted 7/1/08; 2013 Code, sec. 34-193)
It shall be the duty of any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, as described in sections 7.04.003 and 7.04.004, to remove, drain and/or fill all prohibited matter or conditions and to cut and remove all weeds, brush, vegetative growth, and other objectionable or unsightly matter as often as may be necessary to comply with sections 7.04.003 and 7.04.004 and to use every precaution to prevent the same from occurring or growing on such property. Failure to so comply shall be a violation of this article.
(Ordinance 200876, sec. 3 (66.65), adopted 7/1/08; 2013 Code, sec. 34-194)
(a) 
Correction by city.
If such person violating the terms of this article fails or refuses to comply with the demand for compliance contained in the notice set forth in section 7.04.002 [this section] within seven days after the date of notification as provided herein, the city shall have the authority as provided by law to enter upon such property and do or cause to be done the work necessary to obtain compliance with this article. All reasonable costs, charges and expenses (hereinafter “charges”) incurred in doing or in having such work done shall be a charge to, and be a personal liability of, such person.
(b) 
Notice.
It shall be the duty of the code enforcement official to give a minimum of seven days’ official notice, in writing, to such person violating the terms of this article, subject to the provisions herein stated. The notice shall be in writing and may be served on such person violating the terms of this article:
(1) 
By delivering it to him in person;
(2) 
By forwarding or sending a letter or written notice addressed to such person at the person’s address as recorded in the appraisal district in which the property is located and delivered by United States certified mail, return receipt requested, with a second optional copy by United States regular mail; or
(3) 
If personal service cannot be obtained, by:
(A) 
Publication at least once within seven consecutive days in the city’s official newspaper;
(B) 
Posting the notice on or near the front door of each building on the property to which the violations 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) 
Unclaimed notice.
If the city mails a notice to the property owner in accordance with subsection (b) of 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 shall be considered as delivered.
(d) 
Subsequent violations within one year.
The city, in the notice provided herein, may inform the owner by certified mail, return receipt requested, or 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 such notice, the city, without further notice, may correct the violation at the owner’s expense and assess the expense against the property. If the violation covered by a notice under this subsection occurs within said one-year period, and the city has not been informed in writing by the owner of an ownership change, then the city, without notice, may take any action permitted by subsection (a) of this section, and assess its reasonable expenses incurred as provided by section 7.04.009.
(Ordinance 200876, sec. 3 (66.66), adopted 7/1/08; 2013 Code, sec. 34-195)
(a) 
The city may abate, without notice, weeds that:
(1) 
Have grown higher than 48 inches; and
(2) 
Are an immediate danger to the health, life or safety of any person.
(b) 
Not later than the tenth 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 7.04.007. The notice shall contain:
(1) 
An identification, which is not required to be a legal description, of the property;
(2) 
A description of the violation of the ordinance 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 about the city’s abatement of the weeds.
(c) 
The city shall conduct an administrative hearing before the building and standards commission/city council on the abatement of weeds under this section if, not later than the 30th day after the date of the abatement of the weeds, the property owner files with the city a written request for a hearing. 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.
(d) 
The city may assess reasonable expenses and create liens under this section as it assesses expenses and creates liens under section 7.04.009. A lien created under this section is subject to the same conditions as a lien created under section 7.04.009. The authority granted the city by this section is in addition to the authority granted by section 7.04.009.
(Ordinance 200876, sec. 3 (66.67), adopted 7/1/08; 2013 Code, sec. 34-196)
(a) 
If a notice as provided for herein is delivered to the owner of such real property, and he fails or refuses to comply with such demand for compliance within the seven-day time period established herein, the charges set forth in section 7.04.007 shall be, in addition to a charge to and personal liability of said owner, a privileged lien upon and against such real property, including all fixtures and improvements thereon. In order to perfect such lien, the code enforcement official first shall give such owner written notice of demand for payment of such charges. Such written notice may be given by any one of the methods provided for herein for the giving of the initial notice demanding compliance with the terms of this article.
(b) 
If such owner fails or refuses to make complete payment of said charges within 30 days of his receipt of said notice, the mayor, municipal health authority or other municipal official designated by the mayor, such as the code enforcement official, shall file a written statement of such charges with the county clerk for filing in the county land and deed records where the property is located. Said statement shall be deemed sufficient if it contains the following minimum information; however, it also may contain such other additional information deemed appropriate by the mayor, the code enforcement official or duly appointed representative:
(1) 
The name of the owner of the real property, if known;
(2) 
A legal description of the real property;
(3) 
A statement of the charges incurred by the city in doing or in having such work done as necessary to bring the real property into compliance with this article; and
(4) 
A notarized affidavit executed by the code enforcement official stating that all prerequisites required by this article for the imposition of the charges and the affixing of the lien have been met and that all statements and/or representations made therein are true and correct.
The lien attaches upon the filing of the lien statement with the county clerk.
(c) 
All such charges shall bear interest at the rate of ten percent per annum from the date of payment by the city. The lien obtained is security for the expenditures made and is inferior only to tax liens and liens for street improvements. The city may bring suit to collect the charges, institute foreclosure proceedings, or both. The written statement of such charges provided for herein, or a certified copy thereof, shall be prima facie evidence of the city’s claim for charges or right to foreclose the lien. The owner of the real property or any other person claiming, occupying or having supervision or control of the real property shall be jointly and severally liable for such charges.
(d) 
This remedy is in addition to any penal provision provided herein.
(Ordinance 200876, sec. 3 (66.68), adopted 7/1/08; 2013 Code, sec. 34-197)
The provisions of this article shall be enforced by the code enforcement official and it shall be unlawful for any person to interfere with or hinder the code enforcement officials in the exercise of their duties under this article. Notwithstanding any provisions contained herein to the contrary, the code enforcement officials are hereby granted the authority to issue immediate citations to persons violating any provision of this article in their presence.
(Ordinance 200876, sec. 3 (66.69), adopted 7/1/08; 2013 Code, sec. 34-198)