As used in this article, the following terms shall have the respective meanings ascribed to them:
Any and all other objectionable, unsightly or unsanitary matter of whatever nature.
All uncultivated vegetable growth, objects and matter not included within the meaning of the other terms, as herein used, or any other matter or thing which is liable to produce or tend to produce an unhealthy, unwholesome or unsanitary condition.
Brush.
All trees or shrubbery under seven (7) feet in height which are not cultivated or cared for by persons owning or controlling the premises.
Garbage.
All waste food, dry kitchen refuse, waste from the preparation and consumption of food and solids after the liquids have been drained off.
Lot or parcel of real estate.
In addition to those grounds within their respective boundaries, all lots or parcels of ground lying and being adjacent thereto and extending beyond the property line of any such lot or parcel of real estate to the curbline of adjacent streets where a curbline has been established and fourteen (14) feet beyond the property line where no curbline has been established and also to the center of adjacent alleys.
Premises.
Business houses, boarding houses, offices, theaters, hotels, private residences, tourist courts, churches, schools, vacant lots and all other places within the city where garbage or rubbish accumulates.
Rubbish.
All refuse, tin cans, old vessels of all sorts, useless articles, discarded clothing and textiles of all sorts, and in general all litter and other things usually included within the meaning of the term.
Weeds.
All rank and uncultivated vegetable growth or matter which has grown to more than nine (9) inches in height, or which, regardless of height, is liable to become an unwholesome or decaying mass or breeding place for mosquitoes or vermin.
(Ordinance 601, sec. 1, adopted 10/8/68; 1972 Code, sec. 13-1)
The owner and/or occupant of any lot, grounds or yard or any place in the city which shall be unwholesome, unsafe or have stagnant water therein, or any other condition which is liable to produce disease or create an unhealthy or unsafe condition, shall clean or cause to be cleaned and shall keep the same free from weeds, rubbish, brush, and any and all other objectionable, unsafe, unsightly or unsanitary matter of whatever nature; provided, however, all action initiated under this section and sections 7.02.003, 7.02.004 and 7.02.005 shall be by sole direction of city council.
(Ordinance 601, sec. 2, adopted 10/8/68; Ordinance 1247, sec. 1, adopted 11/14/17; 1972 Code, sec. 13-2)
(a) 
When any owner and/or occupant fails or refuses to so clean his property as is directed by section 7.02.002 within ten (10) days after notice from the city, as provided by subsection (b) below, the city may do the work or cause the same to be done and may pay therefor and charge the expenses incurred in doing or having such work or improvement made to the owner and/or occupant of such property.
(b) 
The notice must be given:
(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.
(4) 
If a municipality mails a notice to a property owner in accordance with this subsection, 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.
(Ordinance 601, sec. 3, adopted 10/8/68; Ordinance 1247, sec. 1, adopted 11/14/17; 1972 Code, sec. 13-3; Ordinance adopting 2023 Code)
Any owner and/or occupant who fails or refuses to so clean his property as is herein provided, after notice as herein provided, may be filed on in the municipal court of the city for such failure or refusal and such failure or refusal shall constitute a misdemeanor offense.
(Ordinance 601, sec. 4, adopted 10/8/68; Ordinance 1247, sec. 1, adopted 11/14/17; 1972 Code, sec. 13-4)
In addition to the foregoing remedies, the city may, by filing a statement with the county clerk, create a privileged lien against the lots on which expenses for cleaning or improving have been incurred by the city; such lien thereon shall be second only to tax liens and liens for street improvements to secure the expenditure so made. Such lien shall be created at the time the city shall determine to do the work of cleaning the lots and at the expiration of ten (10) days after proper notice as herein provided, and the mayor or city health officer shall file a statement of all expenditures, costs, and charges, plus ten (10) percent interest from the date of such expenditure, with the county clerk. For such expenditure, costs and interest as aforesaid suit may be instituted in the district court of this county, and recovery and foreclosure had in the name of the city; and the statement of expenditures so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended in any work or improvements.
(Ordinance 601, sec. 5, adopted 10/8/68; 1972 Code, sec. 13-5)
(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, not later than the 30th day after the date of the abatement of the weeds, the property owner files with the city 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 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 2023 Code)