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) 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)