(a) 
Property blight is hereby declared a public nuisance. Any property upon which there exists property blight as set forth in the provisions of this chapter is hereby declared and determined to be a nuisance.
(b) 
No person shall cause, permit, or allow a public nuisance under this chapter on any lot or parcel of land, premises, or any public place within the city limits.
(c) 
No person, whether as owner, agent, manager, operator, lessee, tenant, sublessee, or occupant in possession of a property, shall maintain a blighted property or cause or permit property to be maintained as a blighted property.
(d) 
The existence of any one or more of the following listed conditions or activities, within the city limits shall constitute property blight and therefore are hereby declared nuisances, are prohibited activities, and therefore illegal:
(1) 
Graffiti.
Allowing any part of the property or premises, including any building, wall, fence, sidewalk, driveway, or structure located on the property, that is visible from a street or neighboring property, to contain graffiti.
(2) 
Unclean premises and accumulation of litter, trash, or rubbish.
(A) 
Allowing any public or private property, premises, yards, lots, alleys, tracts, parcels, or any portions thereof, stables, animal pens or enclosures for animals to become offensive to persons of ordinary sensibilities due to objectionable odors or accumulation of waste and fecal matter.
(B) 
Allowing any public or private property, yards, lots, premises, alleys, tracts, parcels of land or any portion thereof or any cellars, vaults, drains, pools, wells, cisterns, privies, sewers, grounds, premises, or buildings of any character, to contain accumulations of litter, limbs, unsanitary matter of any kind, refuse, garbage, rubbish, junk, dead carcasses, decaying flesh, fish, fowls, vegetables, stagnant water or other stagnant or unsanitary liquids or unsanitary water on the ground or in a vessel, flammable liquids, slops, trash, or other deposits or substances of any and every character, which are likely to or do become unwholesome, filthy, unsightly, offensive, or unsanitary or likely to create or engender disease or that are a nuisance as defined in section 6.01.001.
(C) 
Unclean premises shall also be areas or conditions that harbor rodents or parasitic insects, or that promote mosquito breeding; or contain dilapidated fences, or poison oak or poison ivy or other poisonous plants within 50 feet of a structure or fence line.
(D) 
All litter must be contained in an approved receptacle and shall not be kept in such a manner as to allow it to be blown, carried, or deposited by the wind or the elements upon any private or public property or any right-of-way.
(3) 
Appliance storage.
Allowing any unused, or broken, discarded or abandoned refrigerator, freezer, water heater, dishwasher, range, oven, trash compactor, washing machine, clothes dryer or similar appliance to be located in the front, rear or side of the yard, including porches and unsecured garages, of any premises used as a residence or on a vacant lot.
(4) 
Storage under carports or other covered areas.
Storage or accumulation outside of an enclosed structure, including the storage or accumulation under a carport or covered patio or other projecting overhang, of any lot, tract, or parcel of land or portion thereof, of any objectionable, impure, unwholesome, filthy, unsanitary matter, junk, garbage, refuse, or rubbish including the storage or accumulation of the following items that present health or safety hazards:
(A) 
Broken, inoperable, deteriorated, dismantled or discarded indoor (nonweather resistant) furniture, appliances, machines, tools, boxes and cartons, and lawn maintenance equipment, barbeques, cooking equipment;
(B) 
Used, deteriorated or discarded building materials or supplies;
(C) 
Wet, broken or leaking barrels, casks, or boxes;
(D) 
Used, discarded, or broken automotive parts or equipment including engines, transmissions, electrical parts, suspension parts, vehicle body parts, batteries, tires, wheels, hubcaps and other motor vehicle parts;
(E) 
Trash, garbage, junk, rubbish, or other refuse;
(F) 
Firewood that is not stacked a minimum of twelve (12) inches off the ground; or
(G) 
Any other material which tends to decay or become putrid or provides harborage for rodents and other vermin or is impure.
(5) 
Other enumerated nuisances.
Subsection (A) through (P) below are also designated as acts or conditions which constitute nuisances contributing to property blight:
(A) 
Every pen, kennel, or other enclosure in which any fowl or animals are kept, and in which the odor from animal wastes is such that it disturbs or offends a person of normal nervous sensibilities and ordinary tastes, habits, and modes of living.
(B) 
Every trade, business, or occupation injurious to the health or comfort of a person of normal nervous sensibilities and ordinary tastes, habits, and modes of living.
(C) 
Vegetation growing at or near intersections in such a manner as to obstruct the view of approaching traffic from the right or left.
(D) 
Any building, structure, or basement, or any part thereof used to house people or in which people work, that has inadequate means of ingress and egress, or is insufficiently supported, ventilated, drained, cleaned, lighted, or which is within the required distance of and is not connected to the city’s sewer system.
(E) 
Any article or substance placed upon any public street, except such articles as are permitted by ordinance of the city, in such manner as to obstruct the free passage upon such street.
(F) 
The act of allowing any weeds, grass, or undergrowth to remain on any sidewalk or to grow over any curb in front of or at the side of any premises owned by such persons, or in the street or in front of or at the side of any premises owned or controlled by such person, or upon any alley to the middle thereof that may be at the rear or side of any lots owned or controlled by such person.
(G) 
The act of sweeping or depositing any trash, refuse, paper, rubbish, or lawn and garden clippings into any public street or other public place and allowing the same to remain.
(H) 
The act of scattering, distributing, or affixing any advertisements, circulars, handbills, printed or written announcements, or paper of like character, upon the public streets or within or on public buildings, signs, monuments, or grounds within the city limits except as allowed for under any sign ordinance adopted by the city.
(I) 
The act of the owners or possessors of any animal, which may die within the city to fail to have the carcass of same, removed and lawfully disposed of within twelve (12) hours after the death of said animal.
(J) 
Leaving fill material ungraded and unleveled for more than thirty (30) days from placement thereof.
(K) 
Any other act or thing done or suffered within the city which may interfere with the enjoyment of life by any member of the community, or by any person, who may thereby be deprived of his/her right to be free from foul, noxious, or offensive or unpleasant odors or vapors, and to breathe fresh air and to be free from the sight of foul or offensive objects and substances.
(L) 
The act of placing or permitting to remain outside any dwelling, building, or structure or within any warehouse or storage room or any unoccupied or abandoned dwelling, building, or other structure, under circumstances as to be accessible to children, any icebox, refrigerator, freezer, or other airtight or semi airtight container.
(M) 
The act by an owner or person in control of property to allow fallen trees, fallen tree limbs, or fallen branches, brush or underbrush growth to accumulate upon such premises.
(N) 
The act of keeping, storing, or accumulating refuse on premises in a neighborhood unless the refuse is entirely contained in a closed receptacle.
(O) 
The act of maintaining premises in a manner that creates an unsanitary condition likely to attract or harbor mosquitoes, rodents, vermin, or disease carrying pests.
(P) 
The act of permitting vacant or abandoned property owned or controlled by the person to be in a condition that will create a public health nuisance or other condition prejudicial to the public health, safety or welfare.
(6) 
High weeds.
The act of failing to maintain any lot, premises, tract, parcel of land, or portion thereof, occupied or unoccupied, improved or unimproved property free of uncultivated weeds, grass, undergrowth, vines, bushes, or shrubs over twelve (12) inches tall.
(7) 
Littering by depositing or dumping.
The act of throwing, depositing, dropping, sweeping, or placing any litter or junk into or on any private or public property, right-of-way, street, alley, sidewalk or other place. All litter shall be disposed of in an approved receptacle. The act also includes failure to deposit any litter, refuse, or trash into an approved receptacle in such a manner to prevent said litter, refuse, or trash from being deposited outside of the receptacle due to the elements.
(8) 
Vehicle spillage.
Causing or allowing any items to be dropped or to fall from a vehicle upon any street, alley, or other public way or upon the private property of any person without that person’s effective consent.
(9) 
Defecating or urinating in public places.
Defecating or urinating upon any street, alley, park, premises or any public grounds, right-of-way or upon any place visible to persons from any public street, right-of-way or other public place or private residence.
(10) 
Allowing stagnant water to accumulate.
The act of allowing on any lot, tract, parcel of land or premises within the city limits to allow holes, containers, or other various receptacles that contain stagnant water that may produce disease or that promotes the breeding of mosquitoes to exist on such lot, tract, parcel of land or premises.
(11) 
Dropping litter from aircraft.
The act of throwing out, dropping or depositing from an aircraft any litter, handbills, or any other object.
(12) 
Throwing, depositing, handbills in public places.
The act of throwing or depositing any commercial or noncommercial handbills in or upon any sidewalk, street, or other public place.
(13) 
Openings in streets, sidewalks, property, alley, or other rights-of-way.
The act of keeping or leaving open or unclosed any vault, hole, cellar, or other opening on any property, street, right-of-way, sidewalk, or alley, unless the same be sufficiently protected and guarded to insure safety to all passing by or near the same.
(14) 
Nuisance tarps.
The act of using nuisance tarps, tarps, or other similar material to hide or cover any of the conditions or to block from view any of the acts or conditions prohibited as nuisances in this article.
(15) 
Failure to maintain fencing.
The act of maintaining, continuing, or keeping a dilapidated fence on any land, public or private, or on any parcel, lot, tract, premises, or any portion thereof.
(16) 
Interference with abatement or threatening retaliation or harm.
The act of interfering in any way with the abatement of any nuisance by the city, its contractors, agents, employees, or its designees or the act of threatening any harm or retaliation to any city employee, contractor, agent, or designee before, during, or after the abatement process performed on behalf of the city. The actions prohibited herein may also subject the actor to prosecution under the penal code.
(Ordinance 318DG adopted 2/10/14)
(a) 
It shall be unlawful for any owner, occupant, or person otherwise having supervision or control of any lot, premises, tract, parcel of land, or portion thereof, or any building or portion thereof, whether occupied or unoccupied, improved or unimproved, to commit an act or continue or maintain a condition set forth in section 6.03.001(d)(1) through (16) above, which acts or conditions are declared to be a nuisance under the terms of this article.
(b) 
Exceptions to section 6.03.001(d)(1) through (16):
(1) 
The use of any inoperable farm machinery or similar machinery or equipment for landscaping purposes or for use in signs or similar monuments for a business. Whether the use of said machinery or equipment is for landscaping or signs or monuments shall be made by the city manager.
(2) 
Neatly stacked piles of building materials may be allowed if connected to or related to a building project wherein the owner or person in control of the property or premises has a current building permit with the city relating to the property or premises where the building materials are located. The time period allowed for the building materials to be exempt shall be equal to the time allowed for the building permit.
(3) 
When prohibited material or prohibited conditions under this article are directly related to the operation of a retail business or service business that is open full time to the public or when the prohibited materials or prohibited conditions are directly related to a manufacturing business. Those prohibited materials or prohibited conditions that are not directly related to the manufacturing business, retail business, or service business will still be a violation under this article. Under no circumstances shall the accumulation of used tires, stored outside in the elements, be allowed.
(Ordinance 318DG adopted 2/10/14)
Any person, owner, occupant, or individual violating any section of this article or committing an act or continuing or maintaining a condition declared to be a nuisance under the provisions of this article shall be guilty of a misdemeanor, and each day the violation continues shall be a separate offense. Each such offense shall be punishable by a fine not to exceed two thousand dollars and no cents ($2,000.00) as allowed by law.
(Ordinance 318DG adopted 2/10/14)
(a) 
It shall be the duty of the owner, occupant, or person otherwise having supervision or control of any lot, tract, parcel, premises, or parcel of land or portion thereof, or any building or portion thereof, whether occupied or unoccupied, improved or unimproved, on or in which any condition or act declared to be a nuisance under the terms of this article is found to exist, to remove or cause to be removed the prohibited nuisance at no cost to the city. Failure to so remove or cause to be removed said nuisance or to keep acting, maintaining, or continuing an act which is a prohibited act, after notice not to do so by the city, shall constitute a misdemeanor offense and the responsible party shall be given a citation for said offense.
(b) 
Removal of the nuisance to another location within the city limits after receipt of notice of the nuisance, set forth in section 6.03.005, has no effect on the proceeding if the relocation constitutes a public nuisance at the new location.
(Ordinance 318DG adopted 2/10/14)
Whenever any nuisance defined by this chapter is found to exist within the city limits, the person responsible therefor shall be notified to remove, abate, or cure such nuisance within ten calendar (10) days after such notice. Such notice shall be given:
(1) 
Personally to the owner in writing;
(2) 
By letter (regular mail) addressed to the owner at the owner’s post office address as recorded in the county appraisal district records or as shown in the city’s water and sewer billing records; or
(3) 
If personal service cannot be obtained or the owner’s post office address is unknown:
(A) 
By publication at least twice within ten (10) consecutive days in the Plainview Herald newspaper; and
(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 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) 
A notice of violation may also be sent by letter (regular mail) to any lessee, occupant, or person in control of the property as applicable.
(5) 
If the city mails a notice to a property owner, lessee, occupant, or person in control of the property in accordance with this section, 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.
(6) 
Any notice sent under this section may also be sent the lienholder of record by letter (regular mail) addressed to the lienholder at the lienholder’s address as recorded in the county appraisal district’s records if such information is available.
(7) 
Any owner, lessee, occupant, or person in control of any lot, premises, parcel or tract of land or any portion thereof, who receives written notice of a violation described in this section, who cannot remove, abate, or cure the nuisance because of weather or who requires additional time to arrange a contractor to remove, abate, or cure the nuisance maybe given an extension of time, not to exceed seven (7) additional calendar days, if contact is made with the city manager within seven (7) days from the date of the notice provided for in this section. All extensions granted herein will be in the sole discretion of the city manager after a review of all of the facts surrounding the need for the extension, including but not limited to, the amount or extent of the progress made during the first seven (7) days after the date of the notice to cure, abate or remove the nuisance has been mailed. Provided, however, any person committing any nuisance listed under section 6.03.001(d)(1), (7), (8), (9), (11), (12), or (16) shall not receive a notice but will be issued a citation immediately upon commission of the nuisance or discovery of commission of the nuisance.
(Ordinance 318DG adopted 2/10/14)
(a) 
As an alternative method of notice to that provided in section 6.03.005, the city may deliver notice by certified mail, return receipt requested with a 5-day return requested. The notice shall contain the following:
“A statement 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 or the owner.”
(b) 
If a violation covered by this section occurs within the one-year period, and the city has not been informed of a change of ownership , the city may, without further notice to the owner, take action permitted by sections 6.03.007 and 6.03.008 and assess its expenses as provided in section 6.03.007.
(Ordinance 318DG adopted 2/10/14)
(a) 
Whenever any nuisance, as declared under the terms of this chapter is found to exist, and no owner, occupant, or person otherwise having supervision or control of the premises containing such nuisance can be located, or when immediate abatement of said is deemed necessary by the city manager for the public health, safety, and general welfare of its citizens, or upon an order of abatement being issued by municipal court judge, the city shall initiate the abatement process as set forth herein.
(b) 
Should any owner of any lot, premises, tract, parcel of land, or any portion thereof, or of any portion of any building or structure fail to comply with the notice given under sections 6.03.005 or 6.03.006 above, within the period prescribed by section 6.03.005 above, the city may enter the property and remove, abate, or cure such nuisance.
(c) 
Costs associated with such nuisance abatement shall be borne by the owner, occupant, or other person in control of the premises.
(d) 
If the city removes, abates, or cures such nuisance the city is authorized to either do the work, make the improvements, cure the nuisance or to contract to have the work performed, improvements made, or cures of the nuisance and to pay for the work done and to charge the expenses to the owner, occupant, or other person in control of the premises plus an administrative fee of one hundred dollars ($100.00).
(Ordinance 318DG adopted 2/10/14)
(a) 
If the city abates, cures, or makes improvements to abate a nuisance under the provisions of this chapter then the owner of such property/premises shall be notified by regular mail of the expenses incurred therein by the city. If such charges are not paid within thirty (30) calendar days of the date of such notice of expenses, the city manager, city secretary, or mayor shall cause to be filed with the county clerk documentation of such expenses sufficient to establish a lien against the property.
(b) 
The lien statement or documentation shall state the name of the owner, if known, the legal description of the property, a description of the work performed and the amounts claimed. The lien attaches to the property upon the filing of the lien statement with the county clerk.
(c) 
The lien filed pursuant to the provisions of this section shall accrue interest at the rate of ten percent (10%) per annum from the date the city pays for the work or improvements. The lien is inferior only to tax liens and liens for street improvements.
(d) 
The city may bring a suit for foreclosure to recover the expenses and interest due. The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the city in doing the work, making the improvements, or curing the nuisance.
(Ordinance 318DG adopted 2/10/14)
(a) 
Notwithstanding any of the foregoing sections, the city may abate, without notification, weeds that:
(1) 
Have grown higher than forty-eight (48) inches; and
(2) 
Are an immediate danger to the health, life, or safety of any person.
(b) 
The city must give notice, in the manner provided in section 6.03.005, to the property owner, if known, no later than the tenth (10th) day after the date the city abates weeds under this section.
(c) 
The notification shall contain:
(1) 
An identification, which is not required to be a legal description, of the property;
(2) 
A description of the violation 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 rights to request an administrative hearing regarding the city’s abatement of the weeds.
(d) 
The city shall conduct an administrative hearing on the abatement of 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 municipality a written request for a hearing.
(e) 
An administrative hearing conducted under this section shall be conducted by the municipal court judge not later than the 30th day after the date a request for a hearing is filed. The owner or person may testify or present any witnesses or written information relating to the city’s abatement of the weeds.
(f) 
The city may access expenses and create liens under this section as it assesses expenses and creates liens under section 6.03.007. A lien created under this section is subject to the same conditions as a lien created under section 6.03.008.
(g) 
The authority granted the city by this section is in addition to the granted to the city pursuant to section 6.03.007.
(Ordinance 318DG adopted 2/10/14)
(a) 
Any person or owner, after notice of violation set forth in section 6.03.005 shall have the right to request an administrative hearing before the municipal court judge for a determination of whether the conditions set forth in the notice constitute a nuisance under this chapter. The notice specified in section 6.03.005 shall contain the procedure for requesting said hearing.
(b) 
An owner or person, after notice required under section 6.03.005, shall respond to the notice before the expiration of seven (7) calendar days from the date the notice has been mailed, delivered or personally delivered, or published or posted to request the administrative hearing.
(c) 
The city manager or municipal court clerk shall schedule the hearing within fifteen (15) calendar days after the date the written request is filed unless the parties agree to a certain date beyond the fifteen (15) day period. The owner or person requesting the hearing must set forth in the written request for hearing a mailing address and a phone number where notice of hearing can be provided.
(d) 
At the hearing, the owner or person and the city may present any evidence relevant to the proceedings, in accordance with reasonable rules used by the municipal court.
(e) 
If after the hearing, the municipal court judge finds that conditions constituting a nuisance exist, the municipal court judge shall give written notice of the findings in an abatement order to the owner or person that, unless the conditions are abated or cured within three (3) calendar days from the date of the hearing that the city may enter upon the property, as allowed by law, in accordance with this chapter and do or cause to be done any work necessary to bring such premises into compliance with this chapter.
(f) 
The determination of the municipal court judge shall be final unless timely appealed by the owner or person to a court of competent jurisdiction within three (3) days from the date of receipt of the abatement order. The filing of such an appeal shall have the effect of staying the abatement order pending a judicial determination of the appeal unless the nuisance condition is reasonably determined by the municipal court judge to be an immediate threat to public health or safety.
(Ordinance 318DG adopted 2/10/14)