The following words and phrases, when used in this article, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning:
Building.
Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind which has enclosing walls for fifty percent of its perimeter.
Code enforcement officer.
The person or persons designated by the city manager to enforce city ordinances.
Extermination.
The control and extermination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, or trapping; or by any other recognized and legal pest elimination methods.
Garbage.
The animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
Infestation.
The presence within or around a dwelling of any insects, rodents, or other pests.
Nuisance.
(1) 
Any public nuisance known at common law or in equity jurisprudence.
(2) 
Any attractive nuisance which may prove detrimental to children, whether in a building, or on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations; abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; or any lumber, trash, fence, debris or vegetation which may prove a hazard for inquisitive minors.
(3) 
Whatever is dangerous to human life or is detrimental to health.
Occupant.
The individual, partnership or corporation that uses or occupies any business building or part or fraction of such building, whether the actual owner or tenant. In the case of vacant business buildings or vacant portions of such buildings, the owner, agent or custodian shall have the responsibility of occupant.
Owner.
The actual owner, agent or custodian of a business, whether an individual, partnership or corporation. The lessee shall be construed as the owner for the purpose of this article when a business building agreement holds the lessee responsible for maintenance and repairs.
Person.
Any individual, corporation, organization, partnership, association or any other legal entity.
Premises.
A lot, plot or parcel of land, including the buildings or structures thereon.
Property.
A lot, plot or parcel of land, including any structures on the land.
Rubbish.
Combustible and noncombustible waste materials, except garbage, including but not limited to the residue for [from] the burning of wood, coal, coke, or other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metal, mineral matters, and glass crockery.
Sanitary.
Any condition of good order and cleanliness that precludes the probability of disease transmission.
(Ordinance 2002-19, sec. 1, adopted 8/27/02; Ordinance 2002-24 adopted 9/10/02)
(a) 
It shall be unlawful for any person who shall own or occupy any lot in the city limits to permit or allow holes or places on such lots where water may accumulate and become stagnant, or permit such conditions to remain.
(b) 
It shall be unlawful for any person who shall own or occupy any lot in the city to permit or allow the accumulation of stagnant water or to permit such conditions to remain.
(Ordinance 2002-19, sec. 4, adopted 8/27/02)
It shall be unlawful for any person who shall own or occupy any house, building, establishment, lot or yard in the city to permit or allow any carrion, filth or other impure or unwholesome matter to accumulate or remain thereon.
(Ordinance 2003-09 adopted 9/23/03)
It shall be unlawful for any person to permit to accumulate on any premises, improved or vacant, or on any open lot or alley in the city, any lumber, boxes, barrels, bottles, cans, containers or similar materials that may be permitted to remain unless they shall be placed on open racks that are elevated not less than 18 inches above the ground, evenly piled or stacked.
(Ordinance 2002-19, sec. 6, adopted 8/27/02)
(a) 
It shall be unlawful for any person to permit or have on his premises, whether owned or occupied by him, one or more of the following conditions:
(1) 
Manure which is not securely protected from flies.
(2) 
Any privy, vault, cesspool, sink, pit or like place which is not securely protected from flies.
(3) 
Garbage which is not protected from flies.
(4) 
Vegetable waste, trash, litter, rags or refuse of any kind, nature or description in which flies may breed or multiply.
(5) 
Cans, barrels, cisterns, wells, pools or any object, artificial or natural, in which mosquitoes may breed or multiply.
(6) 
Brush, weeds, vines or grass six inches or over which harbors and protects mosquitoes.
(b) 
It shall be unlawful for any person who shall own or occupy any lot in the city to allow such weeds, rubbish, brush or any other unsightly, objectionable or insanitary matter to accumulate or grow on the lot.
(Ordinance 2002-19, sec. 7, adopted 8/27/02; Ordinance 2003-09 adopted 9/23/03; Ordinance adopting Code; Ordinance 2024-09 adopted 12/10/2024)
All complaints concerning violation of this article shall be made to the city manager or any appointed designee. An investigation shall be initiated immediately of the matters complained of, and if violations of any state or city health or sanitary laws, rules, or regulations are discovered, notice shall be immediately provided.
(Ordinance 2002-19, sec. 8, adopted 8/27/02)
(a) 
A written notice of a violation shall be delivered to the owner, agent or person in charge of such place in violation of a city ordinance by one of the following methods:
(1) 
Personally.
(2) 
Certified mail.
(3) 
Publication in the official newspaper of the city.
(4) 
Posting on or near the front door.
(5) 
Posting on a staked placard.
(b) 
Annual notice.
After a property owner has been given one (1) notice of violation on a lot, tract, or parcel of land, annual notice may be given to the property owner. If the city opts to provide annual notice, such notice shall be mailed to the owner at the address recorded with the appraisal district and posted on the property. Once the city has given such annual notice, no further notice shall be required prior to abatement for that lot, tract, or parcel of land for a one-year period. If the city does not receive notice in a change of ownership, the city may abate any nuisance contained on the property covered by this article without further notice and assess expenses to the owner.
(Ordinance 2002-19, sec. 9, adopted 8/27/02; Ordinance adopting Code)
The owner shall correct any and all violations noted in the notice of violation within ten (10) days of the receiving the notice.
(Ordinance 2002-19, sec. 10, adopted 8/27/02)
(a) 
At the expiration of the time specified in the notice required to be given in section 6.03.009, the supervisor of sanitation shall reinspect the place or premises to determine whether the notice has been complied with.
(b) 
After the reinspection of the place or premises, a report shall be filed. If the violation complained of shall have been corrected, no further action will be taken, but if not corrected a complaint shall be immediately filed in the municipal court against the person violating such notice for such offense in conformity with the state and city health laws.
(Ordinance 2002-19, sec. 11, adopted 8/27/02)
(a) 
In the event a property owner fails to comply with the order to abate violation(s) as contained in the notice required in section 6.03.009 of this article, the city may:
(1) 
Take whatever action is necessary to correct the violation(s); and/or
(2) 
File a complaint in municipal court.
(b) 
Any expense incurred by the city in the abatement of any violation of this article may be assessed against the property owner, and a lien may be imposed against the land upon which such violation occurred (unless it is a homestead protected by the state constitution) to secure the payment of the abatement expenses or the civil penalty. Such lien shall accrue an interest rate of ten percent (10%) per year, and shall be filed for record in the office of the county clerk.
(c) 
If a lien is filed on a property and the amount is not paid within twelve (12) months, the city may move to foreclose on said property, and offer the property for sale.
(Ordinance 2002-19, sec. 12, adopted 8/27/02; Ordinance 2003-09 adopted 9/23/03)
(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 Code)
Any person, firm or corporation who shall violate any provision of this article shall be guilty of a class C misdemeanor and upon conviction shall be fined in any sum as provided in section 1.01.009.
(Ordinance 2002-19, sec. 13, adopted 8/27/02)