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 thereat or thereon.
(Ordinance 32, sec. 1, adopted 5/9/77; 2004 Code, sec. 8.30)
It shall be unlawful for any person who shall own or occupy any lot in the city to permit or allow weeds, rubbish, brush or any other unsightly, objectionable or unsanitary matter to accumulate or grow on such lot.
(Ordinance 32, sec. 2, adopted 5/9/77; 2004 Code, sec. 8.31)
Should the owner of any premises or building within the city upon which carrion, filth or other impure or unwholesome matter may be fail or refuse to remove such filth, carrion or other impure or unwholesome matter within ten days after notice to such 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 times within ten consecutive days in any newspaper in the county, if personal notice may not be had as aforesaid, or if the owner’s address be not known, the city may do such 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 real estate. If such work is done or improvements are made at the expense of the city, then such expense shall be assessed on the real estate or lot upon which such expense was incurred.
(Ordinance 32, sec. 3, adopted 5/9/77; 2004 Code, sec. 8.32)
(a) 
Should any owner of any lot within the city upon which lot weeds, rubbish, brush or any other unsightly, objectionable or unsanitary matter grows or accumulates or may be, fail or refuse to cut down or remove such weeds, rubbish, brush or other unsightly, objectionable or unsanitary matter, as the case may be, within ten days after notice to such owner to do so, given as provided in subsection (b), then the city may do such cutting down 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 real estate. If such work is done or improvements are made at the expense of the city, then such expense shall be assessed on the real estate or lot upon which such expense was incurred.
(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 (b), 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 32, sec. 4, adopted 5/9/77; 2004 Code, sec. 8.33; Ordinance adopting 2023 Code)
The mayor shall file a statement of expenses incurred as the case may be, giving the amount of such expense, the date on which such work was done and a description of the premises upon which such work was done or improvements made, with the county clerk. The city shall have a privileged lien on such lot or real estate upon which such 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, chapter 342, which lien shall be second only to tax liens and liens for street improvements, and such amount shall bear ten percent interest from the date the statement was filed. For any such expenditures and interest, as aforesaid, suit may be instituted and recovery and foreclosure of such 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.
(Ordinance 32, sec. 5, adopted 5/9/77; 2004 Code, sec. 8.34)
(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)
Any person who shall violate any of the provisions of this article shall be guilty of a misdemeanor, and subject to a fine not to exceed the maximum allowable by state statute. In case the owner or occupant of any lot or premises under the provisions of this article shall be a corporation, and shall violate any provision of this article, the president, vice-president, secretary or treasurer of such corporation, or any manager, agent or employee of such corporation, shall be also severally liable for any penalty.
(Ordinance 32, sec. 6, adopted 5/9/77; 2004 Code, sec. 8.35)