(a)
Conducive conditions.
It shall be unlawful for any person,
firm, or corporation who shall own or occupy any lot or lots in the
city to permit or allow holes or places on the lots where water may
accumulate and become stagnant, or to permit same to remain; provided,
however, this section shall in no wise apply to the lake existing
in Blocks No. 12 and 13 of Highland Park, an addition to the city.
(b)
Accumulation.
It shall be unlawful for any person, firm,
or corporation 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 same to remain.
(1977 Code, sec. 10-81; 1977 Code,
sec. 10-82)
It shall be unlawful for any person, firm, or corporation 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.
(1977 Code, sec. 10-83)
(a)
Generally.
It shall be unlawful for any person, firm,
corporation or any other entity who or which owns, occupies, has supervision
or control of any lot, tract or parcel of land within the corporate
limits of the city to suffer, permit or otherwise allow grass, weeds
or any plant that is not cultivated to grow to a greater height than
twelve (12) inches on any such lot, tract or parcel or to grow in
rank profusion upon said lot, tract or parcel or otherwise, in, along
or upon or across the adjacent sidewalk, parkway (being that property
being between any lot, tract or parcel of land and the adjacent improved
street) or alley to a height greater than twelve (12) inches.
(b)
Notification of nuisance.
Methods of notification shall
be as follows:
(1)
In person;
(2)
By United States mail;
(3)
By publication at least twice within ten (10) consecutive days;
(4)
By posting notice on or near a building near the property to which
the violation relates;
(5)
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.
(c)
Immediate abatement by city.
The city may immediately
abate weeds in excess of twenty-four (24) inches in height which are
an immediate danger to the health, life or safety of any person.
(d)
Notice given within one year.
Upon giving written notice
to a property owner in violation of the city health ordinances, the
city may inform the property owner by certified mail that if the owner
commits another violation of the same kind or nature on or before
the first anniversary of the date of the notice, the city may without
further notice correct the violation at the owner’s expense
and assess the expense against the property.
(Ordinance 2012-07, sec. 2, adopted 5/15/12; Ordinance adopting 2004 Code)
Should any owner of such lot or lots that have places thereon
where stagnant water may accumulate and/or which are not properly
drained, or the owner of any premises or building upon which carrion,
filth, or other impure or unwholesome matter may accumulate, fail
and/or refuse to drain and/or fill the lot or lots, or remove such
filth, carrion, or other impure or unwholesome matter, as the case
may be, within ten days after notice to the owner to do so, in writing,
or by letter addressed to such owner at his post office address, or
within ten days after notice by publication as many as two (2) times
within ten (10) consecutive days in any newspaper in the city if personal
service may not be had as aforesaid, or if the owner’s address
be not known, then in that event, the city may do such filling or
draining or removal of filth, carrion, etc., or any other unsightly,
objectionable, or unsanitary 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; and 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, lot, or lots upon which such expense
was incurred.
(1977 Code, sec. 10-85)
(a)
Should
any owner or tenant of any lot or lots within the city who shall allow
weeds, rubbish, brush, or any other unsightly, objectionable, or unsanitary
matter to grow or accumulate thereon fail and/or refuse to cut down
and/or remove such weeds, rubbish, brush, or other unsightly, objectionable,
or unsanitary matter, as the case may be, within ten days after notice
to the owner and tenant to do so, the city may do such cutting down
and/or removing such weeds, rubbish, brush, or any other unsightly,
objectionable, or unsanitary 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; and 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, lot, or lots upon which such expenses
were incurred.
(b)
Notice
to the owner and occupant must be given:
(1)
Personally to the owner in writing;
(2)
By letter addressed to the owner at the owner’s post office
address; or
(3)
If personal service cannot be obtained or the owner’s post
office address is unknown:
(A)
By publication at least twice within 10 consecutive days;
(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, if the
property contains no buildings.
(c)
Notice
of such assessment shall be given to the owner of the property or
his authorized representative in the same manner as provided for notice
to remove such weeds, rubbish, brush, or other unsightly, objectionable,
or unsanitary matter, and same shall be due and payable within thirty
(30) days (and subject to foreclosure if not paid when due).
(Ordinance 93-10 adopted 9/7/93)
The mayor shall file a statement of such expenses incurred under section 6.03.004 or 6.03.005 of this article, as the case may be, giving the amount of such expenses, the date on which the work was done or improvements made, with the county clerk; the city shall have a privileged lien on such lot or lots or real estate upon which 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, sec. 342.007, which lien shall be second only to tax liens and liens for street improvements; and the amount shall bear ten percent interest from the date the statement was filed. It is further provided that for any such expenditure and interest, as aforesaid, suit may be instituted and recovery and foreclosure of the lien may be had in the name of the city, and the statement of expenses so made, as aforesaid, or a certified copy thereof shall be prima facie proof of the amount expended for such work or improvements.
(1977 Code, sec. 10-87)
