(a)
Definition.
Smoking means the possession of a burning
tobacco product, marijuana or other plant product. The term includes,
but is not limited to, the carrying or holding of a lighted pipe,
cigar or cigarette of any kind, or any other lighted smoking equipment
or device, or the lighting of, emitting or exhaling the smoke of a
pipe, cigar or cigarette of any kind.
(b)
Prohibition; exceptions.
Smoking is hereby banned in
all city buildings and at any city owned or operated facilities within
the city limits, excluding Wolters Park, but including the civic center
and immediate grounds. Such facilities include, but are not limited
to, all baseball fields and stands owned or operated by the city.
(c)
Violations; posting of signs.
It shall be unlawful for
any person to smoke in any area where smoking is prohibited by the
provisions of this section or to violate any provision of this section.
The city shall post signs at all entrances of all city buildings or
facilities owned or operated by the city, or shall post signs at such
a place where they are clearly visible from areas of high public use.
The specific content and placement of such “no smoking signs”
shall be approved by the city administrator. A person commits an offense
if he or she destroys or defaces a sign posted as required by this
section.
(Ordinance adopted 10/5/09(1),
sec. 2; 1989 Code, sec. 8-1; Ordinance
adopting 2016 Code)
It shall be unlawful for any person to allow garbage, rubbish
or trash to accumulate on property under his or her control within
the city limits or to permit weeds or grass to grow to a height in
excess of twelve (12) inches.
(1965 Code, sec. 10-18; 1989 Code,
sec. 8-46)
(a)
The
city does hereby require the filling up, drainage, and regulating
of any lot or lots, grounds or yards, or any other places in the city
which shall be unwholesome or have stagnant water therein, or from
any other cause be in such condition as to be liable to produce disease,
and [is authorized to] cause all premises to be inspected and to impose
fines on the owners of houses under which stagnant water may be found,
or upon whose premises such stagnant water may be found, and require
the filling up, altering, or repairing of all sinks and privies, and
the cleaning and disinfecting of the same and the cleansing of any
house, building, establishment, lot, yard or ground from filth, carrion,
or any other impure or unwholesome matter of any kind.
(b)
The owner of any lot within the city shall keep the premises free from weeds and grass in excess of twelve (12) inches in height, rubbish, brush and any other objectionable, unsightly, or unsanitary matter of whatever nature. If such owner fails or refuses to do so, within ten (10) days after notice as provided in section 6.02.003, the city may do such work or may cause the same to be done and may pay therefor and charge the expenses incurred in doing or having such work done or improvements made to the owner of such property as herein provided.
(c)
The
city may cause any of the improvements above mentioned to be done
at the expense of the city on account of the owners, and cause the
expense thereof to be assessed on the real estate or lot upon which
such expense is incurred. On filing with the county clerk a statement
by the mayor, city health officer, or other city official designated
by the mayor of such expenses, the city shall have a privileged lien
thereon, second only to tax liens and liens for street improvements,
to secure the expenditure so made and ten (10) percent interest on
the amount from the date of such payment. For any such expenditures,
and interest, as aforesaid, suit may be instituted and foreclosured
[foreclosure had] in the name of the city; and the statement so made,
as aforesaid, or a certified copy thereof, shall be prima facie proof
of the amount expended in any such work or improvements.
(1989 Code, sec. 8-47; Ordinance
adopting 2016 Code)
(a)
Whenever a person violates the provisions of section 6.02.001 or 6.02.002(a), the city shall have notice served as provided in subsection (b) below, which notice shall state:
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You are hereby notified that the premises under your control
(describe the property) have been found to be in an unsanitary, unhealthy,
and unclean condition. You are directed by the City of Schulenburg,
Texas to remove all accumulation of garbage, trash, and rubbish and
to cut all grass or weeds back to a height of no more than twelve
(12) inches within the next ten (10) days and at your own expense.
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If you fail to act upon this directive within the above-described
time, the city will enter onto your property and remove all garbage,
trash, and rubbish and cut all weeds, and you will be charged the
actual cost of such action of the city plus ten (10) percent.
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Until such charges are paid by you, the above-described property
shall be subject to a lien in favor of the city, which lien shall
be superior to all other liens except tax liens.
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(b)
A
written notice shall 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’s records; or
(3)
If personal service cannot be obtained, notice may be given by:
(A)
Publication at least once;
(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.
(4)
If the city 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.
(c)
Annual notice.
In a notice provided under this section,
the city may inform the owner by regular mail and a posting on the
property, or by personally delivering the notice, that if the owner
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 city 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 under this
subsection occurs within the one-year period, and the city has not
been informed in writing by the owner of an ownership change, the
city may abate any nuisance contained on the property covered by this
article without further notice and assess expenses to the owner.
(1965 Code, sec. 10-19; 1989 Code,
sec. 8-48; Ordinance adopting 2016 Code)
On failure to comply with the notice as set out in section 6.02.003 within the ten (10) days (Saturdays, Sundays and holidays excluded), the city shall enter onto such premises and shall remove any accumulation of garbage, trash and rubbish and shall cut all weeds and grass pursuant to section 6.02.002. Until all such charges are paid, such property shall be subject to a lien in favor of the city pursuant to section 6.02.002.
(1965 Code, sec. 10-20, 10-21; 1989
Code, sec. 8-49)
(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 the property owner files with the city a written
request for a hearing within thirty (30) days of the date of the notice
required under this section.
(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 2016 Code)
