(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.
(d) 
Penalty.
Violators of this section shall be punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code. Proof of a culpable mental state is not necessary to find a violation.
(Ordinance adopted 10/5/09(1), sec. 2; 1989 Code, sec. 8-1; Ordinance adopting 2016 Code)
(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:
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.
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.
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.
(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)