(a)
Lot.
Definitions.
For the purpose of this article, the following
definitions shall apply, unless the context clearly indicates or requires
a different meaning:
The net lot area of the lot, including portions of public
rights-of-way, that is, street and alley.
(b)
Maximum height.
It shall be unlawful for any person
having supervision or control of any lot, tract, parcel of land or
portion thereof, occupied or unoccupied, improved or unimproved, within
the corporate limits of the city, to suffer or permit grass, weeds,
or any plant that is not cultivated to grow to a height greater than
24 inches upon said premises. With respect to lots, tracts, or parcels
of land of one or more acres under single ownership, the provisions
of this section shall not be applicable to the area in excess of 300
feet from any open public street or alley or to the area in excess
of 300 feet from any adjacent property under different ownership on
which habitable dwellings are located. Lots, tracts, or parcels of
land under one acre must be maintained in accordance with this section
in its entirety.
(c)
Obstructing view and/or flow of traffic.
(1)
It shall be unlawful for any person having supervision or control
of any lot, tract, parcel of land or portion thereof, occupied or
unoccupied, improved or unimproved, within the corporate limits of
the city, to suffer or permit grass, weeds, trees, or any plant, cultivated
or not cultivated, to grow in, upon, or across the sidewalk or street
adjacent to the lot or property in such a manner as to create a hazard
to pedestrians or motorist to:
(2)
The following are declared to be hazards:
(A)
Any bush, tree or other vegetation within the parkway which exceeds
a height of two and one-half (2-1/2) feet above the gutter elevation
of the adjacent street or which overhangs a sidewalk, except single
trunk trees which are pruned to eliminate all leaves and branches
as follows:
(B)
Any bush, tree or vegetation which hangs over any street or alley
which is not pruned as follows:
(d)
Responsibility for compliance.
Supervision and control
shall be determined as follows:
(1997 Code, sec. 92.01; Ordinance 12-08-07-1 adopted 8/7/12)
It shall be the duty of any person having supervision or control
of any net lot, tract or parcel of land or portion thereof, occupied
or unoccupied, improved or unimproved, within the corporate limits
of the city, to cut, or cause to be cut, and remove or cause to be
removed, if necessary to comply with this article, all such grass,
weeds, plants, rubbish, brush and any and all other objectionable,
unsightly or unsanitary matter of whatever nature as often as may
be necessary to comply with the provisions of this article.
(1997 Code, sec. 92.03)
(a)
If
any person owning, claiming, occupying or having supervision or control
of any real property, occupied or unoccupied, within the corporate
limits of the city, fails to comply with the provisions of this article,
it shall be the duty of the city secretary to give a minimum of seven
days’ written notice to such person violating the terms of this
article.
(b)
The
notice shall be in writing and may be served on such person violating
the terms of this article by:
(1)
Delivering it to him in person;
(2)
Letter or written notice 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 and delivered by United
States Certified Mail, return receipt requested. If the letter or
written notice is returned by the United States Postal Service as
refused or unclaimed, the validity of the notice is not affected,
and the notice is considered as delivered; or
(3)
If personal service cannot be obtained, by:
(A)
Publication at least once in the city’s official newspaper;
(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.
(c)
In
a notice provided under this article, the city may inform the owner
by regular mail and by 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 section occurs within the one-year
period, and the city has not been informed in writing by the owner
of an ownership change, then the city without notice may take any
action permitted and assess expenses as provided by this article.
(Ordinance adopting Code)
(b)
No
later than the tenth day after the date the town causes the work to
be done under this section, the city shall give notice to the property
owner in the manner required by section 6.03.005.
(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 this section that occurred on
the property;
(3)
A statement that the city abated the weeds;
(4)
An itemized statement of the charges incurred by the city in doing
or in having such work done as necessary to bring the real property
into compliance with this section; and
(5)
An explanation of the property owner’s right to request an
administrative hearing about the city’s abatement of the weeds.
(d)
The
municipal court judge shall conduct an administrative hearing on the
abatement of the 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 manager 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 as provided in section 6.03.006.
(g)
The
provisions of this section shall be enforced by the city manager,
and it shall be unlawful for any person to interfere with or hinder
the building official and his duly appointed representatives in the
exercise of their duties under this section.
(h)
Penalties.
(1)
Any person violating or failing to comply with any provision or requirement
of this section who continues to violate or fails to comply with such
after seven days after notice is given and received as set forth herein,
shall also be deemed guilty of a class C misdemeanor and, upon conviction
thereof, shall be fined. A separate offense shall be deemed committed
upon each day during or on which a violation or failure to comply
occurs or continues to occur.
(2)
Notwithstanding the provisions of subsection (1) of this section, any violation of any provision of this section which constitutes an immediate danger or threat to the health, safety and welfare of the public may be enjoined in a suit brought by the town for such purpose.
(3)
In addition to any other remedies or penalties contained in this
section, the town may enforce the provisions of this section pursuant
to the applicable provisions of chapter 54 of the Texas Local Government
Code, as amended, which chapter provides for the enforcement of municipal
ordinances.
(4)
Allegation and evidence of a culpable mental state is not required
for the proof of an offense defined by this section.
(Ordinance adopting Code)
