The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Weeds.
Includes all rank and uncultivated vegetable growth or matter which has grown to more than six (6) inches in height or which, regardless of height, is unsightly.
(1989 Code, sec. 8-16; 2009 Code, sec. 6.03.001)
It shall be unlawful for any person who shall own or occupy any lot in the city to permit or allow holes or places on the lot where water may accumulate and become stagnant, or to permit same to remain.
(1989 Code, sec. 8-17; 2009 Code, sec. 6.03.002)
It shall be unlawful for any person who shall own or occupy any lot or lots in the city to permit or allow the accumulation of stagnant water thereon, or to permit it to remain.
(1989 Code, sec. 8-18; 2009 Code, sec. 6.03.003)
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.
(1989 Code, sec. 8-19; 2009 Code, sec. 6.03.004)
It shall be unlawful for any person who shall own or occupy any lot or lots in the city to allow weeds, rubbish, brush or any other unsightly, objectionable or insanitary matter to accumulate or grow on the lot.
(1989 Code, sec. 8-20; 2009 Code, sec. 6.03.005)
(a) 
Notice requirements.
The owner of any lot that has places thereon where stagnant water may accumulate and/or which are not properly drained or has any premises or building upon which carrion, filth or other impure or unwholesome matter has accumulated or upon which weeds, rubbish, brush or any other unsightly, objectionable or insanitary matter has grown or accumulated shall drain or fill the lot or remove the filth, carrion or other impure, unsightly, unsanitary or unwholesome matter within ten (10) days after notice to the owner to do so. The notice of the violation shall be given to the owner as follows:
(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 records of the appraisal district in which the property is located; or
(3) 
If personal service cannot be obtained:
(A) 
By publication at least once;
(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 the notice on a placard attached to a stake driven into the ground on the property to which the violation relates.
(b) 
Refused or unclaimed notices.
If the city mails a notice to the property owner in accordance with subsection (a) 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) 
Correction by city.
After the expiration of the ten-day period, if the owner has not corrected the violation, the city may do such filling or draining or remove the filth, carrion, or any other unsightly, objectionable or insanitary matter or cause the same to be done and may pay therefor and charge the expenses incurred in doing such work or having such work done or improvements made to the owner of such lot or lots or real estate. If such work is done or improvements made at the expense of the city, then such expense or expenses shall be assessed on the real estate or lots upon which such expense was incurred.
(d) 
Subsequent violations within one year.
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, without notice, take any action permitted in this article and assess its expenses as provided in this article.
(1989 Code, sec. 8-21; Ordinance adopting 2009 Code; 2009 Code, sec. 6.03.006)
The mayor or city health officer shall file a statement of such expenses incurred under section 6.03.006, giving the amount of such expenses and the date on which the work was done or improvements made, with the county clerk, and the city shall have a privileged lien on such lot or lots or real estate upon which the work was done or improvements made to secure the expenditures so made, in accordance with the provisions of V.T.C.A., Health and Safety Code, section 342.007. The lien shall be second only to tax liens and liens for street improvements. The amount shall bear ten percent interest from the date the statement was filed. It is further provided that for any such expenditures and interest, as aforesaid, suit may be instituted and recovery and foreclosure of the lien may be had in the name of the city. The statement of expenses or a certified copy thereof shall be prima facie proof of the amount expended for such work or improvements.
(1989 Code, sec. 8-22; 2009 Code, sec. 6.03.007)
The enumeration of remedies for the suppression of nuisances as provided in this article is not to be deemed as exclusive, but as cumulative. In particular, prosecution for the offense described in this article shall not affect the city’s right to abate the nuisance in the various manners provided by this article, nor shall abatement by the city be a bar to prosecution for the offense described in this article.
(1989 Code, sec. 8-23; 2009 Code, sec. 6.03.008)
(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 6.03.006, to the property owner no later than the tenth (10th) day after the date the city abates weeds under this section. 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 right to request an administrative hearing regarding the city’s abatement of the weeds.
(c) 
The city shall conduct an administrative hearing on the abatement of weeds under this section if, not later than the thirtieth (30th) day after the date of the abatement of the weeds, the owner files a written request for a hearing with the city.
(d) 
The city shall conduct the administrative hearing not later than the twentieth (20th) day after the date a request for hearing is filed. At the administrative hearing, the owner may testify or present any witnesses or written information relating to the city’s abatement of the weeds.
(e) 
The city may assess expenses and create liens under this section in the same manner and subject to the same conditions as set forth in section 6.03.007 above.
(f) 
The authority granted the city by this section is in addition to the authority granted by section 6.03.007.
(Ordinance adopting 2009 Code; 2009 Code, sec. 6.03.009)