For the purpose of this article, the following definitions shall
apply, unless the context clearly indicates or requires a different
meaning:
The town official duly registered with the state with authority
to enforce various municipal and states codes.
Vegetation that is deliberately grown and currently and continuously
maintained by the owner, occupant, or agent of the property.
A structure suitable for human habitation or occupation,
including but not limited to single or multifamily residences, hotels,
condominium buildings, public buildings, buildings for business, office,
retail, commercial or industrial purposes and enclosed spaces in which
individuals congregate for education, worship, amusement, or similar
purposes, or in which occupants are engaged in labor, which is equipped
with means of egress, light and ventilation facilities. A habitable
structure includes living quarters for the owners, guests, renters,
or persons regularly employed on the premises, but shall not include
other accessory structures such as detached garages and sheds. Any
structure for which a certificate of occupancy is required shall be
deemed to be a habitable structure.
All landscaping borders, structures, containers, appurtenances or other additions to real property including but not limited to flower beds and those living plant screens in compliance with section 14.02.012 of this code.
Grasses that are native to the county as determined by the County’s AgriLife Extension Agent for Horticulture. A list of approved native grasses is found in appendix A at the end of this article and is maintained by the town’s code enforcement officer.
Seasonal flowering vegetation native to the county as determined by the County’s AgriLife Extension Agent for Horticulture. A list of approved native wildflowers is found in appendix B at the end of this article and is maintained by the town’s code enforcement officer.
Includes, but is not limited to, the area on a lot or parcel
of land between the sidewalk and the curb, and includes any area on
a lot or parcel of land designated as a utility or drainage easement.
Shall include but not be limited to the debris left upon
properties after any building or other structures on such properties
have been:
Destroyed by fire or other calamity and the same not restored
to its original or better condition or removed from the property within
90 days from the date of such destruction;
Intentionally wrecked or demolished by the owner;
Moved from such property to another location; and/or
Vacated by a prior owner or tenant.
Includes:
Land dedicated to the town or to public or utility use by plat
or by any dedication deed or other instrument of conveyance, or whether
held by the town or the public as an easement, in fee simple, or otherwise,
as well as land that qualifies as a prescriptive easement, or prescriptive
right-of-way, for the construction, use or maintenance of a public
street or roadway, and for other public or utility uses typically
associated with streets and roadways, including but not limited to
sidewalks and/or adjacent areas included in such dedication or prescriptive
use; and
Private roadways over or upon which the town has any right of
access by easement or otherwise.
All vegetation that, because of its height, is objectionable,
unsightly or unsanitary, but excluding shrubs, bushes, vines, and
trees, and regularly cultivated crops as permitted by a property’s
zoning district.
(Ordinance 2014-3-4B adopted 3/4/14)
Any person violating the provisions of this article, which violation
continues after notice is given as set forth in this article, shall
be deemed guilty of a misdemeanor and upon conviction shall be fined
not to exceed the sum of $2,000.00 for each offense. This section
shall be in addition to and cumulative of the provisions for the abatement
of the nuisance and charging the cost of same against the owner of
the premises by the town.
(Ordinance 2014-3-4B adopted 3/4/14)
It shall be unlawful for any person, firm, corporation, partnership,
sole proprietorship or any other entity recognized in law owning,
leasing, claiming, occupying or having supervision or control of any
real property, improved or unimproved, within the corporate limits
of the town, to permit or allow:
(1)
Grass
or weeds to grow or brush to accumulate on real property to a height
greater than 12 inches upon any such real property located within
150 feet of any building, structure, or street right-of-way.
(2)
Exemptions to the maximum height requirement in subsection (1) above, are as follows:
(A)
Exemption for landscaping improvements.
Grass that is used for a decorative purpose and that is a part of or that lies within a planned and orderly landscaping improvement to a property including but not limited to flower beds and those living plant screens in compliance with section 14.02.012 of this code, provided that said landscaping improvement has a continuously and well-maintained border that clearly separates the landscaping improvement from those areas of the property with no landscaping improvement. All grass that is part of or that lies within a landscaping improvement must be maintained in such a manner as to not become a nuisance as defined or described in section 8.02.001, et seq. of this code. The town’s code enforcement officer or his or her designated representative shall have the authority to determine whether or not grass claimed under this exemption is in compliance with the stipulations outlined within this exemption as well as whether or not the grass is considered a nuisance as per section 8.02.001, et seq. of this code.
(B)
Exemption for native grass areas and native wildflower areas.
Certain areas of approved native grasses found in appendix A at the end of this article and/or approved native wildflowers found in appendix B at the end of this article, provided that they are cultivated, continuously maintained, and cut as necessary to maintain proper care of the specific grasses and/or wildflowers used in the area. This exemption shall only be granted if the area is comprised of at least 75% of grasses and flowers listed in appendix A and/or appendix B (“the 75% requirement”), and all portions of said area are at least twenty (20) feet removed from any: (i) property line shared with a property under different ownership when the property under different ownership has any permanent habitable structure located within fifty (50) feet of the side or rear property lines of the property containing the native grass area or native wildflower area; (ii) street right-of-way; and (iii) easements along public and private roadways. Native grass and/or native wildflower areas must be maintained in such a manner as to not become a nuisance as defined in section 8.02.001 of this code. The town’s code enforcement officer or his or her designated representative shall have the authority to determine whether or not the native grass and/or native wildflower area claimed under this exemption is in compliance with the stipulations outlined within this exemption as well as whether or not the area is considered a nuisance as per section 8.02.001 of this code. The 75% requirement and the 20-foot distance requirements set forth in this subsection (b) shall not apply to property owned or maintained by the town.
(3)
Any
trash, rubbish or any other type of objectionable material or unsightly
or unsanitary matter (including, without way of limitation, stacks
of old lumber, scrap materials, demolished or partly demolished buildings
or structures, piles of stone, bricks, broken rock, or fence panels)
to accumulate on occupied or unoccupied real property, notwithstanding
that such persons did not permit such accumulation upon such property;
(4)
Junked
or otherwise inoperable motor vehicles to be stored, parked, or otherwise
kept on any real property not zoned for that specific purpose, except,
however, that such vehicles may be stored, parked, or otherwise kept
if they are situated such that they are not visible from any other
private property or from any public property, right-of-way, or easement;
(5)
The
overnight parking of more than one commercial vehicle at, or on a
public street adjacent to, any residential property; or
(6)
The
use of outside storage facilities such as PODS, or the storage of
materials or products not normally used or stored outdoors, for a
period of more than thirty (30) days in any single calendar year.
(Ordinance 2014-3-4B adopted 3/4/14)
(a)
It shall be the duty of any person owning, claiming, occupying or having supervision or control of any such real property, as provided for herein, to cut and remove all such grass, weeds, brush and other objectionable or unsightly matter as often as may be necessary to comply with section 6.04.003.
(b)
No
cut grass, weeds, etc., shall be allowed to accumulate on any public
right-of-way nor shall such grass, weeds, etc., be deposited or allowed
to be deposited into the storm sewer or sanitary sewer system.
(Ordinance 2014-3-4B adopted 3/4/14)
It shall be the duty of any person owning, claiming, occupying
or having supervision or control of any real property, occupied or
unoccupied, within the corporate limits of the town, to keep such
property free from stagnant water, rubbish, trash, filth, carrion
or other impure or unwholesome matter of any kind, and to keep the
sidewalks in front of his property free and clear of the same, and,
to fill up, drain or regrade any lots, ground or yards which shall
be unwholesome or have stagnant water therein, and to cleanse and
disinfect any house, building, establishment, lot, yard or ground
from rubbish, trash, filth, carrion or other impure or unwholesome
matter of any kind.
(Ordinance 2014-3-4B adopted 3/4/14)
(a)
In
the event that any person, corporation, partnership, sole proprietorship
or other entity recognized in law owning, claiming, occupying or having
supervision or control of any real property, occupied or unoccupied,
improved or unimproved, within the corporate limits of the town fails
to comply with the provisions of this article, the town may give at
least ten days’ notice in writing to such person of the violation
of this article. Such notice must be given:
(1)
Personally to the owner in writing;
(2)
By letter addressed to the owner at the owner’s post office
address;
(3)
If personal service cannot be obtained or the owner’s post
office address is unknown:
(A)
By publication at least twice within ten consecutive days;
(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, if the
property contains no buildings.
(b)
If
the owner of property fails or refuses to comply with the provisions
of this article within ten days of notice of a violation, the town
may go upon such property and do or cause to be done the work necessary
to obtain compliance with this article, and may pay for the work done
or improvements made and charge the expenses incurred in doing or
having same done to the owner of such property.
(c)
The town may, in the notice of a violation, inform the owner by certified mail, return receipt requested, that, if the owner of the property 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 town 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 occurs within the one-year period, and the town has not been notified by the owner of an ownership change, then the town without notice may take any action permitted by subsections (a) and (b) of this section and assess its expenses as provided by this section.
(Ordinance 2014-3-4B adopted 3/4/14)
The actual expenses, including administrative costs, incurred
by the town in enforcing the terms and provisions of this article
shall be paid to the town. In the event this amount is not paid, the
amount due shall be charged to and become a lien on the real estate
on which the work is done or improvements made.
(Ordinance 2014-3-4B adopted 3/4/14)
(a)
The town council may assess expenses incurred under section 6.04.006(b) of this article against the real estate on which the work is done or improvements made.
(b)
To
obtain a lien against the property, the mayor, town health authority,
or other town official designated by the mayor must file a statement
of expenses with the county clerk. The lien statement must state the
name of the owner, if known, and the legal description of the property.
(c)
The
lien obtained by the town council is security for the expenditures
made and interest accruing at the rate of 10% on the amount due from
the date of expenses incurred by the town.
(e)
The
town council may bring a suit for foreclosure in the name of the town
to recover the expenditures and interest due.
(f)
The
statement of expenses or a certified copy of the statement is prima
facie proof of the expenses incurred by the town in doing the work
or making the improvements.
(Ordinance 2014-3-4B adopted 3/4/14)
(b)
Not later than the tenth day after the date the town abates weeds under this section, the town shall give notice to the property owner in the manner required by section 6.04.006(a).
(c)
The
notice shall contain:
(1)
An identification, which is not required to be a legal description,
of the property;
(2)
A description of the violations of the ordinance that occurred on
the property;
(3)
A statement that the town abated the weeds; and
(4)
An explanation of the property owner’s right to request an
administrative hearing about the town’s abatement of the weeds.
(d)
The
town manager or the manager’s designee shall conduct an administrative
hearing on the abatement of weeds under this section if, not later
than the thirtieth day after the date of the abatement of the weeds,
the property owner files with the town a written request for a hearing.
(e)
An
administrative hearing conducted under this section shall be conducted
not later than the twentieth 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 town’s abatement of the weeds.
(Ordinance 2014-3-4B adopted 3/4/14)
Any exemptions from section 6.04.003 by the town manager shall be requested in writing by the applicant. No exemption to this section shall be issued or renewed by the town manager for a period exceeding 14 days.
|
APPENDIX A. PERMITTED NATIVE GRASSES
| ||
|---|---|---|
|
Common Name
|
Botanical Name
|
Color
|
|
Little Bluestem
|
Schizachynum scoparium
|
Blue-green stems in August; red by Sept.
|
|
Big Bluestem
|
Andropogon gerardii
|
Blue-green stems; fall foliage
|
|
Indian Grass
|
Sorghastrum nutans
|
Blue-green blades, plume-like golden brown seedhead; deep orange
to purple fall color
|
|
Eastern Grama
|
Tripsacum dactyloides
|
Purple stigmas, orange stamens.
Male and female flowers
|
|
Side-Oats Grama
|
Bouteloua curtipendula
|
Purplish oat-like spikelets; bleach to a tan color in fall
|
|
Switch
|
Panicum virgatum
|
Reddish-purple seedhead. Fall color is pale yellow.
|
|
Buffalo
|
Buchloe dactyloides
|
Gray/green; tan in winter
|
|
Lindheimer’s Muhly
|
Muhlenberiga lindheimeri
|
Seedheads are silvery
|
|
Bushy Bluestem
|
Andropogon glomeratus
|
The sheaths surrounding the racemes take on orange-salmon color
in fall
|
|
Inland Sea-Oats
|
Chasmanthium latifolium
|
Blue-green, bamboo-like leaves can turn bright yellow-gold in
sunny sites in fall
|
|
APPENDIX B. PERMITTED NATIVE WILDFLOWERS
| ||
|---|---|---|
|
Common Name
|
Botanical Name
|
Flower Color
|
|
Hummingbird Bush
|
Anisacanthus wrightii
|
Red-orange
|
|
Wright’s Skullcap
|
Scutellaria wrightii
|
Blue, violet
|
|
Angel’s Trumpet
|
Daturia wrightii
|
White
|
|
Guara
|
Guara lindheimeri
|
Pink, white
|
|
Texas Star Daisy
|
Lindheimeri texana
|
Yellow
|
|
Phlox
|
Phlox drummondii
|
White/cream, red, pink, purple
|
|
Drummond’s Onion
|
Allium drummondii
|
White/cream, pink
|
|
Blazing Star
|
Liatris mucronata
|
Purple, pink
|
|
Bluebonnets
|
Lupinus sp.
|
White/cream, blue
|
|
Indian Paintbrushes
|
Castilleja indivisa
|
Creamy white to pale yellow, encircled by red/orange leaf-like
bracts
|
|
Water Pennywort
|
Hydrocotle umbellata
|
White/cream
|
|
Fragrant Water Lily
|
Nymphaea odorata
|
White/cream
|
|
Pickerel Weed
|
Pontederia cordata
|
Lavender-blue
|
|
Turkscap
|
Malvaviscus drumondii
|
Red
|
|
Columbine
|
Aquilegia
|
Yellow
|
|
Dale’s Variety Heucher
|
Heuchera americana ‘Dale’s Variety’
|
Yellow
|
|
Horsemint Lemon Mint
|
Monarda citrioda
|
White, lavender, pink
|
|
False-Mint
|
Dicliptera brachiata
|
Pink, purple
|
|
Self-heal
|
Prunella vulgaris
|
Purple
|
|
Texas Blue Star
|
Amsonia ciliata
|
Light blue
|
|
Rose Mallow
|
Hibiscus moscheutos
|
White/cream
|
|
Mexican Gold Poppy
|
Eschscholzia mexicana
|
Golden yellow, orange
|
|
Standing Cypress
|
Ipomopsis rubra
|
Red
|
|
Sunflower
|
Helianthus annuus
|
Yellow
|
|
Partridge Pea
|
Chamaecrista fasciculata
|
Yellow
|
|
Texas Dandelion
|
Pyrrhopappus carolinianus
|
Yellow
|
|
Wild Hyacinth
|
Camassia scilloides
|
Purple
|
|
Dogtooth Violet
|
Ervthronium alba
|
White
|
|
Copper Lily
|
Habranthus texana Habranthus tubispathus
|
Dark yellow
|
|
Lady’s Tresses
|
Spiranthes cernua
|
White
|
|
Southern Swamp Lily
|
Crinum americana
|
White/cream
|
|
Yellow Star Grass
|
Hypoxis hirsuta
|
Yellow
|
|
Orange Butterfly Weed
|
Asclepias tuberosa
|
Orange
|
|
Antelope Horn
|
Asclepias asperula
|
Yellow
|
|
Striped/White Winecup
|
Callirhoe i. Var. lineariloba
|
White/pink stripes
|
|
Globe Mallow
|
Sphaeralcea angustifloia
|
Orange
|
|
Standing Winecup
|
Callirhoe digitata
|
White, red, purple
|
|
Heath
|
Aster erocoides
|
White
|
|
Willow Leaf Aster
|
Aster praealtus
|
Lavender, light blue
|
|
Calico Aster
|
Aster lateriflorus
|
White
|
|
Yellow Indian Blanket
|
Gaillardia aestivallis var. aestivallis
|
Yellow
|
|
Red Plume
|
Gaillardia ‘Red Plume’ pulchella
|
Red
|
|
Fire-Wheel/Indian Blanket
|
Gaillardia pulchella
|
Red, yellow
|
|
Sundance Blanket Flower
|
Gaillardia aristata
|
Red with yellow edges
|
|
Pallid
|
Echinacea pallida
|
Pale purple
|
|
White Swan Coneflower
|
Echinacea purpurea
|
White
|
|
Purple Coneflower
|
Echinacea purpurea
|
Purple, pink
|
|
White Spiderwort
|
Tradescantia alba major
|
White
|
|
Little doll
|
Tradescantia ‘Little Doll’
|
Light blue
|
|
Concord Grape
|
Tradescantia ‘Concord Grape’
|
Purplish blue
|
|
Trans Pecos Primrose
|
Oenothera kunthiana
|
Whitish to pink
|
|
White Evening Primrose
|
Oenothera caespitosa
|
White/cream
|
|
Missouri Evening Primrose
|
Oenothera macrocarpa
|
Yellow
|
|
Showy Evening Primrose
|
Oenothera speciosa
|
Pink
|
|
Louisiana Phlox
|
Phlox divaricata
|
Blue, lavender
|
|
Roemer’s Phlox
|
Phlox roemeriana
|
Pink
|
|
Common Name
|
Botanical Name
|
Flower Color
|
|
Pitcher Sage
|
Salvia azurea
|
White/cream, blue
|
|
Tropical Sage
|
Salvia coccinea
|
White/cream, pink
|
|
Mt. Emory Sage
|
Salvia regla ‘Mt. Emory’
|
Red
|
|
Mealy Blue Sage
|
Salvia farinacea
|
Blue
|
|
Autumn Sage
|
Salvia greggii
|
White/cream, red, pink
|
|
Creekside Orange
|
Salvia greggii
|
Red/orange
|
|
Moonglow
|
Salvia greggii
|
Cream
|
|
White sage
|
Salvia apiana
|
White with a little lavender
|
|
Texas Betony
|
Stachys coccinea
|
Red
|
|
Hummingbird Mint
|
Agastache cana
|
Pink
|
|
Hummingbird Mint
|
Agastache neomexicana
|
Lavender pink
|
|
St. John’s Wort
|
Hypericum calycinum
|
Yellow
|
|
Baptisia
|
Baptisia australis var. minor
|
Blue, purple
|
|
Texas Bird Pepper
|
Capsicum annuum var. glabriusculum
|
White
|
|
White Prickly Poppy
|
Argemone albiflora
|
White
|
|
White Prairie Clover
|
Dalea candida
|
White
|
|
Larkspur
|
Delphimium consolida
|
White, pink, red, blue to violet
|
(Ordinance 2014-3-4B adopted 3/4/14)
