Brush.
Lawn trimmings, tree trimmings or other miscellaneous harvested vegetation.
Contractor.
Any person(s), firm, corporation or other entity that has been hired by an owner, as defined herein, to perform any new construction, remodel or repair of said property within the corporate limits of the town. If the owner is also the builder/developer/contractor, as defined herein, then the owner is held to the limitations of a contractor as specified in this article.
Nuisance.
The following items are hereby declared a nuisance:
(1) 
Anything that is dangerous to human life or health;
(2) 
Anything that renders the ground, the water, the air or the food a hazard or injurious to human life or health;
(3) 
Anything that gives off an offensive odor;
(4) 
Anything that is detrimental to the public health; or
(5) 
Metal storage buildings of all sizes, sometimes referred to as shipping containers or "PODS®", on the property either with no permit from the town, or after a town permit for the storage building has expired.
Owner.
Any person(s) or entities owning, claiming, occupying or having supervision or control of any lot, tract, or parcel of land, occupied or unoccupied, improved or unimproved, within the corporate limits of the town.
Parkway.
The area up to the edge of paving of any public roadway bounding the property in accordance with this article. Bounding the property means the area between the property line of the property, and the edge of the paving of any public roadway.
Rubbish.
Trash, debris, rubble, concrete, cement, stone, excess or useless fragments of construction materials, or other miscellaneous useless waste or rejected matter.
Vehicle owner.
Any person(s) or entities owning, claiming, occupying or having supervision or control of any vehicle within the corporate limits of the town.
Weeds and vegetation.
Vegetation, including grass, that because of its height is objectionable, unsightly or unsanitary, but excluding shrubs, bushes, trees, cultivated flowers, and cultivated crops.
(Ordinance 367-12-2022 adopted 12/12/2022)
(a) 
Minimum tree branch clearance.
A property owner is responsible to maintain and trim street trees and private trees on the owner's private property, and on public property contiguous to the owner's private property to prevent limbs and branches from overhanging the public property at a height of less than fourteen feet. The failure of the property owner to maintain such trees at not less than 14 feet above the public property, including rights-of-way, sidewalks, and access easements is a violation of this division. A public roadway which is a prescriptive easement is included in the definition of "public property" for the purposes of this municipal code.
(b) 
Duty to maintain property; prohibited conditions.
(1) 
It shall be unlawful for any owner to allow any weeds and vegetation to grow to a height greater than twelve (12) inches upon any real property within the city. This does not apply to cultivated crops for agricultural purposes.
(2) 
It is the responsibility of the property owner to maintain the property to include the area up to the edge of paving of any public roadway bounding the property in accordance with this article. Mowing of grass and other vegetation in the parkway is required.
(3) 
All drainage and bar ditches within the town shall be kept free of debris, weeds, trees, and brush. In cases where a drainage ditch or portion thereof is located on private property, it shall be the responsibility of the property owner to maintain the condition of such ditch so that adequate water flow will be maintained. In cases where maintaining a drainage ditch to provide adequate water flow therein causes undue hardship on any individual property owner, the owner may appeal to the town council for planning and maintenance assistance under subsection (5) below.
(4) 
In the event that a drainage ditch on private property is found to be providing inadequate water flow due to failure of the property owner to maintain the same, such that the property, health, safety or welfare of the public is put at risk, the town shall notify the property owner in writing of the nature of maintenance that is required and the date by which such maintenance must be completed.
(5) 
Town assistance: To qualify for town assistance to bring the property into compliance with the provisions of this section, including and not limited to tree trimming, or mowing of grass and other vegetation, and/or bar ditch maintenance, the following minimum criteria for the applicant is required:
(A) 
Over 65 years of age;
(B) 
A medical disability preventing the owner from doing the work needed; and/or
(C) 
Applicant is financially unable to afford to pay an independent contractor to do the work necessary.
(i) 
The town code enforcement officer determines what work needs to be performed to bring the property into compliance with this section.
(ii) 
The mayor may appoint a town official or employee, or committee, to assess the work to be performed to achieve compliance; the estimated cost of doing so, the amount of budgeted funds available to the town for street maintenance; and the setting of the terms of payment of the financial assistance available to the applicant for the work to be performed. A request for town assistance under this subsection is granted only by the facts and circumstances of the work and the request. Not all requests will qualify for approval. Requesting, granting, or not granting a request for assistance does not determine any pending or future code enforcement action on the property.
(6) 
It shall be a violation for a property owner to intentionally or knowingly fail or refuse to complete the prescribed maintenance of a drainage ditch within ten days following notification under subsection (4) of this subsection. Such violation shall constitute a misdemeanor, and upon conviction, such property owner shall be punished by a fine not to exceed $2,000.00 for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense.
(7) 
In addition to or in lieu of prosecuting a property owner pursuant to this section, the town, acting through the town administrator or his or her designee, may issue and serve notice to the owner of such property by personal delivery or by letter addressed to the owner at the address according to the most recent tax roll of the city informing the owner that if the maintenance is not performed that the city will perform or pay for the same and will place a lien on the property where the drainage ditch is located. Any violations which constitute a nuisance will be noticed and prosecuted as all other nuisance cases under this municipal code (see section 8.07.005 through section 8.07.009) and as required by state law.
(8) 
An agricultural property tax exemption is not zoning and is not exempt from the terms of this article.
(c) 
It shall also be unlawful for any contractor to allow any rubbish or brush to accumulate or be present in public view upon any real property within the town for more than ten (10) days, unless such nuisance is in a container designed for such purposes.
(d) 
It shall be unlawful for any owner to allow a pile of rubbish or brush in excess of six (6) feet wide by six (6) feet tall by six (6) feet deep, as defined in section 8.07.001 herein, to accumulate or be present in public view upon any real property within the town in excess of ten (10) days. It shall be an exception to this subsection (d) to store logs during a burn ban or for the purpose of use in a fireplace or similar device.
(e) 
It shall be unlawful for any owner to allow a nuisance, as defined in section 8.07.001 herein, to exist upon any real property within the town.
(f) 
It shall be the duty of any owner to maintain his or her property in a reasonable, neat and orderly fashion. Therefore:
(1) 
Storage, within public view, of auto parts, appliances and building materials or any items that fall within the definition of "nuisance" as defined in section 8.07.001 herein is strictly prohibited; and
(2) 
If a building permit is current, it shall be reasonable to temporarily store, within public view, such building materials as needed to complete the permitted construction.
(g) 
A violation of this section is subject to notice and penalties as described herein.
(Ordinance 367-12-2022 adopted 12/12/2022)
(a) 
The parking of large vehicles on residential streets presents a hazard to drivers and can limit emergency access. In order to provide for public safety, all boats, campers, trailers, recreational vehicles and vehicles with three (3) or more axles:
(1) 
Must be parked on an improved surface contiguous with the driveway within the boundaries of the owner's property and in front of the front building line (except for lots less than 1/2 acre or larger than one acre); or
(2) 
Must be parked on an improved or unimproved surface within the boundaries of the owner's property and behind the front building line; and
(3) 
Must comply with all applicable town ordinances.
(b) 
It shall be unlawful to park boats, campers, trailers, recreational vehicles or vehicles with three (3) or more axles on town streets for a period of three (3) or more hours.
(c) 
It shall be unlawful to park any vehicles upon any street, roadway, right-of-way or other public property in a manner that impedes or could impede traffic or emergency access.
(d) 
It shall be unlawful to place any item, including equipment, dirt, rubbish or brush, upon any street, roadway, right-of-way or other public property, in a manner that impedes or could impede traffic or emergency access.
(e) 
It shall be a direct violation of this article for any vehicle to be parked on a town easement.
(1) 
It shall be the responsibility of the owner to have knowledge of the town's easements as it relates to the owner's property.
(2) 
Any violation of this section may be enforced without notice and at the expense of the owner.
(f) 
The town shall not be required to give notice to an owner for failure to comply with the provisions of this section in the event the situation is deemed an immediate public health or safety risk. In all other instances the town shall follow the established policy for notifying the owner of the violation with a warning notice, sticker or letter before the vehicle is towed or a citation issues.
(g) 
Any law enforcement officer of the town, at their discretion, shall have the authority to immediately tow, remove, and/or store any vehicle or item found to in violation of this section, at the owner's expense, in the interest of public health, safety and welfare.
(h) 
Any law enforcement officer of the town, at their discretion, may issue a citation or summons to appear in municipal court to the property owner or vehicle owner for any violation of this section.
(Ordinance 367-12-2022 adopted 12/12/2022)
Enforcement of this article shall be the responsibility of the proper state, county and town authorities, the town police department and/or the duly appointed code enforcement official of the town.
(Ordinance 367-12-2022 adopted 12/12/2022)
(a) 
In the event that any owner fails to comply with the provisions of section 8.07.002 of this article, upon receiving a written complaint, or based on a complaint by an authorized person or entity pursuant to section 8.07.004, the town shall give ten (10) days' written notice to such owner by personal delivery, or by certified mail, return receipt requested, addressed to such owner at owner's last known mailing address, demanding compliance with this article. If such registered card or letter is returned unclaimed, or if personal service has not been had or if the owner's address is not known, the notice shall be published two (2) times within ten (10) consecutive days in any newspaper in general circulation in the area or by posting the notice on or near the front door of each building on the property to which the violation relates, or by 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 building. Failure of the owner to abate the nuisance within the ten (10) day time period after any such notice will constitute prima facie evidence of a violation of this article.
(b) 
Pursuant to the Texas Health and Safety Code, section 342.006, such notice shall be the only notice that will be given for the subsequent twelve (12) month period. If, within the subsequent twelve (12) month period, the same violation(s) occurs again, the town, without notice, may take the appropriate actions to bring the property into compliance and assess its expenses as provided by section 8.07.006 herein.
(Ordinance 367-12-2022 adopted 12/12/2022)
(a) 
Authorized. If an owner fails or refuses to comply with the town's demand for compliance in accordance with section 8.07.002 of this article within ten (10) days of the notice provided pursuant to section 8.07.005 herein, the town may go upon the property, and do such work or cause the work to be done to bring the property into compliance with this article.
(b) 
Payment of costs. The expense incurred in correcting any condition of a property in violation of section 8.07.002 or section 8.07.003, including the cost for publishing the notice in the newspaper, shall be paid by the town and charged to the owner of such property. A statement of expenses incurred by the town shall be mailed to the owner. Such statement shall be paid by the owner within thirty (30) days of the date of the mailing thereof. In the event that the statement of expenses has not been paid within the thirty (30) day period, the town may pursue and exhaust any and all remedies available under this article and state law.
(Ordinance 367-12-2022 adopted 12/12/2022)
(a) 
The town 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 town abates weeds under this section, the town 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 town abated the weeds; and
(4) 
An explanation of the property owner's right to request an administrative hearing related to the town's abatement of the weeds.
(d) 
The town 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 town 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 town's abatement of the weeds.
(f) 
The town 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 town by this section is in addition to the authority granted by Health and Safety Code, section 342.006.
(Ordinance 367-12-2022 adopted 12/12/2022)
In addition to collecting the costs and expenses incurred for correcting any violation(s) involving abatement by the town, the town shall charge an administrative fee in the amount set forth in the current fee schedule of this code. If no fee is set in the current fee schedule, the fee shall be not less than $250.00, plus legal fees incurred by the town, which sum is hereby found to be the administrative cost to the town for administering the terms of this article.
(Ordinance 367-12-2022 adopted 12/12/2022)
(a) 
Any owner, as defined herein, violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine in accordance with the general penalty provided in this code for each offense. Each day a violation of any provision of this article shall continue shall constitute a separate offense.
(b) 
Any vehicle owner, as defined herein, violating any of the provisions of section 8.07.003 of this article, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine in accordance with the general penalty provided in this code for each offense. Each day a violation shall continue shall constitute a separate offense.
(c) 
After any required notice has been sent to the owner, the owner's failure or refusal to comply with any demand for compliance within the applicable time period shall be deemed as maintaining a public nuisance, and the mayor, mayor pro tem, town council or town secretary may file a lien upon and against such real property to include all costs, town administrative fees, filing fees, charges and expenses.
(d) 
The owner's failure to comply with this article may result in the town securing a lien against the property. In such event, the town will file with the county clerk a statement of expenses incurred in correcting the condition of the property. The town shall have a privileged lien on the property second only to tax liens and liens for street improvements, together with ten percent (10%) interest on the delinquent amount from the date such payment was due. The town may bring suit for foreclosure of the lien in the name of the town to recover the expenditure and interest due, and in said suit, the statement of costs and expenses, or a certified copy of the statement, shall be prima facie proof of the expenses incurred by the town in doing the work or making the improvements.
(Ordinance 367-12-2022 adopted 12/12/2022)
(a) 
The mayor or his or her designee is hereby authorized to execute release of liens on behalf of the town of all liens created under the provisions of this article.
(b) 
The mayor or his or her designee shall have no right to execute such releases until he has satisfied himself that the debt or portion thereof secured by the lien and for which a release is requested has been paid in full to the town, and such lien shall be released only insofar as it affects the property for which the debt secured thereby has been paid in full.
(Ordinance 367-12-2022 adopted 12/12/2022)