Any and all other objectionable, unsightly or unsanitary matter of whatever nature
includes all uncultivated vegetable growth, objects and matter not included within the meaning of the other terms used herein, which are liable to produce or tend to create an unhealthy, unwholesome or unsanitary condition on the premises or in the locality where they are situated.
Brush
includes all trees or shrubbery under seven feet in height, which are not cultivated and cared for by the person, firm or corporation owning or controlling the premises.
Interfere with free passage
includes trees and shrubs which overhang any part of a public sidewalk at a height of less than seven feet or any part of a public street at a height of less than necessary to provide adequate clearance for fire and sanitation trucks.
Lot or parcel of real estate
shall mean and include, in addition to the ground within their respective boundaries, all lots or parcels of ground lying and being adjacent to and extending beyond the property line of any such lot or parcel of real estate to the curb line of adjacent streets where a curb line has been established, and ten feet beyond the property line where no curb line has been established on adjacent streets, and also the center of adjacent alleys.
Rubbish
includes all refuse, rejected tin cans, old vessels of all sorts, useless articles, discarded clothing and textiles of all sorts, and, in general, all litter and other things usually included within the meaning of that term.
Weeds
includes all rank and uncultivated vegetable growth or matter which has grown to more than one foot in height, or which, regardless of height, is liable to decay or become unwholesome or become a breeding place for mosquitoes, flies, rodents, snakes or vermin.
(Ordinance 1036 adopted 7/15/1999; 1996 Code, sec. 11-5(I))
Whenever and wherever debris, rubbish, down timber or brush, weeds, tall grass, trees, shrubs, decaying vegetable matter and other objectionable, unsightly or unsanitary matter of whatever nature shall exist, covering or partly covering the surface of any lot or parcel of real estate, whether vacant or improved, or which interferes with free passage of a public street or sidewalk, situated within the corporate limits of the city, or when any such lot or parcel of real estate shall have the surface thereof filled with holes, or be in such condition that it holds or is liable to hold stagnant water therein, or 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, such condition shall constitute a nuisance, and is hereby declared unlawful, the prompt abatement of which is declared to be a public necessity.
(Ordinance 1036 adopted 7/15/1999; 1996 Code, sec. 11-5(II))
Whenever the existence of a nuisance as provided in the city's Code of Ordinances, on any lot or parcel of real estate situated within the corporate limits of the city, shall come to the attention of the city health officer, building official, city manager or their assistants, it shall be the duty of the city health officer, building official or city manager to prepare a written notice, identifying such property, to be sent to the person, firm or corporation owning or having possession or control of such lot or parcel of real estate, requiring the abatement, within a specified time, of such nuisance. Nuisance abatement shall include but is not limited to removing debris, weeds, brush, rubbish, and decaying vegetable matter, removing a nonconforming building or structure, construction to bring into compliance a building or structure so that it conforms with the building or zoning codes, removing other objectionable, unsightly or unsanitary matter of whatever nature, as the case may be, or by filling in, draining, leveling or otherwise regulating such lot or parcel of real estate, so as to prevent stagnant water standing therein, within ten days from the date of service of such notice.
(Ordinance 1036 adopted 7/15/1999; 1996 Code, sec. 11-5(III); Ordinance 1276 adopted 10/13/2008)
(a) 
Such notice as described in section 7.03.003 shall be served as required by V.T.C.A., Health and Safety Code section 342.006(b) and (c), pursuant to the following.
(b) 
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.
(c) 
If a municipality mails a notice to a property owner 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.
(Ordinance 1036 adopted 7/15/1999; 1996 Code, sec. 11-5(IV); Ordinance 1276 adopted 10/13/2008; Ordinance adopting 2023 Code)
In the event of failure, neglect or refusal by the owner of any such lot or parcel of real estate to cause such nuisance to be removed or abated in the manner and within the time herein provided, the city health officer, building official or city manager shall file a complaint in the municipal court of the city. For matters that are not zoning violations, the city manager, if found to be more expedient, shall forthwith file a written report thereof with the city council, showing due service of the notice herein provided, upon the owner of such property, and describing such property. The city council, if they are of the opinion that such nuisance is being maintained or continued, shall at once authorize, direct and empower the city health officer or the city manager, without further notice to the owner of such lot or parcel of real estate, to proceed at once to abate such nuisance by grubbing and removing such weeds, brush, debris, rubbish and any other objectionable, unsightly or unsanitary matter of whatever nature, as the case may be, or by filling in, draining, leveling or otherwise regulating such lot or parcel of real estate, so as to prevent stagnant water standing therein, and charge the necessary cost and expense of procuring such work and improvements to the owner of the property.
(Ordinance 1036 adopted 7/15/1999; 1996 Code, sec. 11-5(V); Ordinance 1276 adopted 10/13/2008)
Such work shall be done by contract awarded to the lowest bidder or by labor employed by the city and performed under the supervision of the city health officer, building official, city manager or their duly authorized representative, as in their discretion may be deemed most expeditious.
(Ordinance 1036 adopted 7/15/1999; 1996 Code, sec. 11-5(VI); Ordinance 1276 adopted 10/13/2008)
When such work and improvements have been completed, a statement shall be sent to the owner of the lot or parcel of real estate involved for payment within ten days of the mailing of such statement. In the event of nonpayment within the specified period, the city manager shall cause a statement to be filed in the office of the county clerk of Bexar County, showing the cost and expense of such work, including an administrative fee in the amount set forth in the fee schedule in appendix A of this code, the date performed, a brief description of the property improved sufficient to identify it, and the name of the owner thereof, if known. From the date of filing, the amount shown by such statement to have been expended by the city for the improvement of such property, together with ten percent interest annually, shall be a privileged lien thereon, second only to tax liens and liens for street improvements.
(Ordinance 1036 adopted 7/15/1999; Ordinance 1089 adopted 10/8/2001; 1996 Code, sec. 11-5(VII); Ordinance 1276 adopted 10/13/2008; Ordinance adopting 2023 Code)
A suit may be instituted and recovery and foreclosure of the lien for any such expenditures and interest may be had in the name of the city in any court having jurisdiction, and the statement of the city health officer, building official or city manager as provided in the preceding section, or a certified copy of such statement, shall be prima facie proof of the amount expended on any such work or improvements.
(Ordinance 1036 adopted 7/15/1999; 1996 Code, sec. 11-5(VIII); Ordinance 1276 adopted 10/13/2008)
Any person, firm or corporation who shall violate any of the provisions of this article shall be deemed guilty of a misdemeanor and shall be fined in any sum not more than five hundred dollars ($500.00), and each day's violation shall constitute a separate offense.
(Ordinance 1036 adopted 7/15/1999; 1996 Code, sec. 11-5(IX); Ordinance 1276 adopted 10/13/2008)
Pursuant to the procedures and requirements of V.T.C.A., Health and Safety Code section 342.008, the city may immediately abate, prior to notice, weeds that have grown higher than 48 inches and are an immediate danger to the health, life or safety of any person.
(Ordinance adopting 2023 Code)