It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, or an individual exercising custody and control, within the city, to permit weeds, Johnson grass, brush or any objectionable or unsightly matter to grow to a greater height than twelve (12) inches upon any such real property within one hundred fifty (150) feet of any property line which abuts street right-of-ways, alleys, utility easements, subdivided additions, developed property or any buildings or other structures.
(2014 Code, sec. 73.01)
It shall be the duty of any person to keep the area from the line of his property to the curb line next adjacent to it, if there be a curb line, and if not, then within ten (10) feet outside that property line, free and clear of the matter referred to in section 7.05.001. All vegetation not regularly cultivated and which exceeds twelve (12) inches in height shall be presumed to be objectionable and unsightly, except that regularly cultivated crops shall not be allowed to grow within the right-of-way of any public street or easement but shall be kept mowed.
(2014 Code, sec. 73.02)
It shall be the duty of any person owning, claiming, occupying or having supervision or control of any real property to cut and remove all such weeds, brush and other objectionable or unsightly matter as often as may be necessary, provided that the removing and cutting of same at least once in every thirty (30) days shall be deemed compliance with this article, and to use every precaution to prevent the same growing on such premises so as to become a nuisance.
(2014 Code, sec. 73.03)
In the event that any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the city, fails to comply with the provisions of section 7.05.002 and 7.05.003, it shall be the duty of any officer or employee of the city to give ten (10) days' notice to such person violating the terms of this article. The notice must 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 records of the appraisal district in which the property is located; or
(3) 
If personal service cannot be obtained:
(A) 
By publication at least once;
(B) 
By posting the notice on or near the front door of each building on the property to which the violation relates; or
(C) 
By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates.
(4) 
If a municipality 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.
(5) 
One (1) notice by mail or personal service for any continuous and unresolved violations shall be sufficient.
(2014 Code, sec. 73.04; Ordinance adopting 2021 Code; Ordinance 2023.02.02 adopted 2/2/2023)
(a) 
Authorized.
If any person fails or refuses to comply with the provisions of sections 7.05.002 and 7.05.003 within ten (10) days after the date of notification in writing or by letter or the date of second publication of notice in the city’s official newspaper, the city may go upon such property and do or cause to be done the work necessary to obtain compliance with this article.
(b) 
Collection of city’s expenses; lien.
The expense incurred in correcting the condition of such property, and the cost of publishing notice in the newspaper, shall be paid by the city and charged to the owner of such property. In the event the owner fails or refuses to pay such expense within thirty (30) days after the first day of the month following the one in which the work was done, the city shall file with the county clerk a statement of the expenses incurred in correcting the condition on the property. When such statement is filed, the city shall have a privileged lien on such property, second only to tax liens and liens for street improvements, to secure the payment of the amount so expended. Such amount shall bear interest at the rate of ten percent (10%) per annum from the date the city incurs the expense. For any such expenditures and interest, suit may be instituted and recovery and foreclosure had by the city. The statement of expense filed with the county clerk or a certified copy thereof shall be prima facie proof of the amount expended in such work as improvement or correction of the property, all as more particularly specified in V.T.C.A., Health and Safety Code, chapter 342, which is hereby adopted.
(2014 Code, sec. 73.05)
(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, 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.
(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 2021 Code)
Any person violating any of the provisions of this article shall be subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code, upon conviction in the municipal court, and each and every day that the premises shall remain in a condition in violation of the terms of this article shall constitute a separate offense. This section shall be in addition to and cumulative of the provisions for the abatement of the said nuisance and charging the cost of same against the owner of the premises by the city.
(2014 Code, sec. 73.06; Ordinance adopting 2021 Code)