The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section or in this article, except where the context clearly indicates a different meaning:
Brush.
Trees, shrubs, or any other plants.
Brush trimmings.
Tree and shrub trimmings that are not susceptible to placement in regulation containers.
Debris.
Dirt, concrete, rocks, bricks, other wastes or building materials.
Exposed animal carcass.
The carcass of an animal exposed so that noxious or disagreeable odors may escape therefrom and contaminate the air.
Garbage.
All animal or vegetable matter, such as waste materials and refuse from kitchens, residences, grocery stores, butcher shops, restaurants, cafes, hotels, roominghouses and boardinghouses, and other deleterious substances.
Junk.
Worn-out, worthless, or discarded material, including but not limited to odds and ends, metal, glass, paper, plastic, wood, household appliances, furniture and furnishings.
Lot or lot of record.
A lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk, or a parcel of land, the deed for which is recorded in the office of the county clerk, 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.
Nuisance.
That which is dangerous to human welfare or that which renders the ground, water, air or food a hazard or is injurious to human health, and whenever weeds, brush, rubbish, debris and all other objectionable, dangerous, unsightly and unsanitary matter of whatever nature shall exist, covering the surface of any lots or parcels of real estate situated within the city, or when any of such lots or parcels of real estate shall have the surface thereof filled or partly filled with holes or be in such condition that the same holds or is liable to hold stagnant water therein, or if from any other cause shall be in such condition as to be liable to cause disease or produce, harbor or spread disease germs of any nature or tend to render the surrounding atmosphere unhealthy, unwholesome or obnoxious, or when any lots or parcels of real estate, as aforesaid, contain rubbish and debris that serve as a breeding place for mosquitoes, roaches, snakes and vermin, the same shall constitute and is hereby declared to constitute a public nuisance, the prompt abatement of which shall be a public necessity.
Offal.
Waste meat products or parts of a butchered animal rejected as unfit for use.
Rubbish.
Useless waste or rejected matter, including but not limited to trash, garbage, junk and any other objectionable, dangerous, unsightly or unsanitary matter not otherwise defined in this section or elsewhere in this article.
Sanitary.
A condition of good order and cleanliness that precludes the probability of disease transmission.
Trash.
All refuse other than garbage, debris and brush, as herein defined, including any household trash and yard trash (grass clippings, leaves, etc.).
Undeveloped lot, tract or parcel of land.
Land which has not been cleared, either fully or partially, and does not have any improvements.
Weeds.
Includes all rank and uncultivated vegetable growth or matter which has grown to a height of an average of twelve (12) inches to be determined by the chief building inspector so as to become an unwholesome or decaying mass or a breeding place for mosquitoes or vermin or a habitat for wild animals.
(Ordinance 05-18, sec. 2, adopted 11/14/05; Ordinance 06-01, sec. 2, adopted 2/27/06)
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 found in the city Code of Ordinances. Each day of such violation shall constitute a separate offense.
(Ordinance 05-18, sec. 2, adopted 11/14/05)
It shall be unlawful for any person to dump, place, deposit or throw, or otherwise dispose of or permit or cause to be 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 as defined in article 13.05. 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 other than under conditions set forth in accordance with the garbage collection provisions defined in article 13.05.
(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 or in any lot, vacant or occupied, driveway or other private property in the city other than under conditions set forth in accordance with the garbage collection provisions defined in article 13.05.
(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 in the city other than under conditions set forth in accordance with the garbage collection provisions defined in article 13.05.
(Ordinance 05-18, sec. 2, adopted 11/14/05)
(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, developed or undeveloped, 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, developed or undeveloped, 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 obstruction of line of sight.
(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) 
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 being used as a pasture for the grazing of livestock.
(2) 
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.
(3) 
The city manager or his designee 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 apply to the lot, tract or parcel of land in question:
(A) 
Areas determined to be areas designated for wild grasses or flower sanctuaries;
(B) 
The topography of the land makes compliance with subsection (a) (growth restrictions) of this section impractical or impossible;
(C) 
The density of the brush makes compliance with subsection (a) (growth restrictions) of this section impractical or impossible;
(D) 
Some act of the city makes compliance with subsection (a) (growth restrictions) of this section impractical or impossible; and
(E) 
The land does not otherwise present a danger or hazard to adjacent properties.
(Ordinance 05-18, sec. 2, adopted 11/14/05)
Arrangement for pickup must be made with the city for shrubbery and tree trimmings in accordance with section 13.05.014(5). Arrangements for pickup must be within one week after placing the items at the curbside.
(Ordinance 05-18, sec. 2, adopted 11/14/05)
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, developed or undeveloped, 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 05-18, sec. 2, adopted 11/14/05)
(a) 
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, developed or undeveloped, 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.
(b) 
The city manager or his designee may inspect or cause to be inspected any property that is or may be in an unsanitary condition.
(Ordinance 05-18, sec. 2, adopted 11/14/05)
(a) 
No person shall place, permit or deposit the exposed carcass of any animal on any street, alley, highway or public place or on private property within the city without notification to city animal control officer, who will arrange for its removal.
(b) 
An exposed animal carcass as defined in section 6.02.001 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 animal control officer or his 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 other animals have been drawn to the site; or
(2) 
The exposed animal carcass is not disposed of in compliance with subsection (a) hereof within 24 hours of the animal’s death.
(c) 
Any expenses incurred by the city for removal of an animal carcass, if any, could be assessed against the animal’s owner along with any penalty or penalties for violation of this article.
(Ordinance 05-18, sec. 2, adopted 11/14/05)
It shall be the duty of any person owning or having supervision or control of any lot, tract, parcel of land or portion thereof, whether occupied or unoccupied, improved or unimproved, developed or undeveloped, 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 05-18, sec. 2, adopted 11/14/05)
(a) 
Notice required.
In the event that the person owning or having supervision or control of any lot, tract, parcel of land or portion thereof, whether occupied or unoccupied, improved or unimproved, developed or undeveloped, shall fail to comply with the requirements of section 6.02.009 of this article, notice of such violation shall be given prior to exercising the authority granted in section 6.02.011 of this article.
(b) 
Method of service.
Such notice shall be given:
(1) 
Personally by hand delivery to the person owning or having supervision or control of any lot, tract, parcel of land or portion thereof in writing;
(2) 
Personally by letter addressed to the owner at the owner’s address as recorded in the county appraisal district’s most recent tax roll records as provided to the city;
(3) 
Personally by letter addressed to the person having supervision or control as recorded in official utility billing records as an active utility account; or
(4) 
If personal service cannot be obtained as hereinabove set forth, notice may be given by:
(A) 
Publication at least once 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 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.
If the city mails a notice to a person owning or having supervision or control of any lot, tract, parcel of land or portion thereof 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 person owning or having supervision or control of any lot, tract, parcel of land or portion thereof has been given one (1) notice of violation, annual notice may be given to the person owning or having supervision or control of any lot, tract, parcel of land or portion thereof. Annual notice must be mailed to the person owning or having supervision or control of any lot, tract, parcel of land or portion thereof and posted on the property. Once the city has given such annual notice, no further notice shall be required prior to abatement by the city for that lot, tract or parcel of land for the year the notice was posted. If the city receives notice of a change of ownership of the property during the one-year period, notice of a violation must be sent in compliance with subsection (b) above. 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 property owner.
(d) 
Contents.
The notice of violation shall at a minimum contain the following:
(1) 
The name of the owner, if known, or person having supervision or control 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-day intervals during the year.
(f) 
Owner-requested work.
In the event the owner or person having supervision or control 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 constitute a waiver of the requirement for notification of violation by the city, thereby relieving the city of such requirements, and the city will have the same remedies as hereinbefore and/or hereinafter set forth.
(g) 
Exception.
Notwithstanding the foregoing provisions, city may abate, without prior notice, any weeds that have grown to a height of 48 inches or are an immediate danger to the health, life or safety of any person. In the event that city abates weeds pursuant to this article, the requirements set forth in the Texas Health and Safety Code for such abatement shall govern.
(Ordinance 05-18, sec. 2, adopted 11/14/05)
(a) 
Abatement authorized.
If the person owning or having supervision or control 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 charge the expenses to the owner of the property.
The city shall collect an administrative fee from the owner or person entitled to possession of each parcel on which improvements are made or grass and weeds are cut or mowed. Such fee is in addition to the actual cost of cutting the grass or making the improvements.
(b) 
Assessment of expenses; lien.
(1) 
The city manager 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 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. The city may also foreclose a lien on property under this article in a proceeding relating to the property brought under the Texas Tax Code.
(2) 
The city secretary 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 city manager 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 05-18, sec. 2, adopted 11/14/05)
For the purpose of enforcing this article, the city building inspector, fire inspector, or code enforcement officer shall be empowered to issue citations to any person who is found in violation of any of the provisions of this article.
(Ordinance 05-18, sec. 2, adopted 11/14/05)