The city may abate, without notice, weeds that:
(1) 
Have grown higher than 48 inches; and
(2) 
Are an immediate danger to health, life, or safety of any person.
(Ordinance 01-O-08-D, sec. 2, adopted 2/12/2001; 2009 Code, sec. 6.03.001)
Not later than the 10th day after the date the city abates weeds under section 7.04.001, the city shall give notice to the property owner in the manner required by section 7.04.003.
(Ordinance 01-O-08-D, sec. 3, adopted 2/12/2001; 2009 Code, sec. 6.03.002)
(a) 
Manner of notice.
The notice that is required by section 7.04.002 shall be provided in writing:
(1) 
By personal delivery to the owner;
(2) 
By letter addressed to the owner at the owner’s address as recorded in the county appraisal district records; or
(3) 
If personal service cannot be obtained:
(A) 
By publication at least once in the city’s newspaper for posting legal notices;
(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.
(b) 
Returned notice.
If the city mails a notice to a 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) 
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 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 municipality has not been informed in writing by the owner of an ownership change, then the municipality without notice may take any action permitted by sections 7.04.001 and assess its expenses as provided by section 7.04.007.
(Ordinance 01-O-08-D, sec. 4, adopted 2/12/2001; 2009 Code, sec. 6.03.003)
The notice shall contain:
(1) 
An identification 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.
(4) 
An explanation of the property owner’s right to request an administrative hearing before the city council about the city’s abatement of the weeds.
(Ordinance 01-O-08-D, sec. 5, adopted 2/12/2001; 2009 Code, sec. 6.03.004)
The city council shall conduct an administrative hearing on the abatement of the weeds if, not later than the 30th day after the date of the abatement of the weeds, the property owner files with the city secretary a written request for a hearing.
(Ordinance 01-O-08-D, sec. 6, adopted 2/12/2001; 2009 Code, sec. 6.03.005)
An administrative hearing conducted under this article shall be conducted not later than the 20th day after the date a request for hearing is filed. The owner may testify or present any witnesses or written information relating to the city’s abatement of the weeds.
(Ordinance 01-O-08-D, sec. 7, adopted 2/12/2001; 2009 Code, sec. 6.03.006)
In order to recover the expenses incurred by section 7.04.001, the city may assess expenses on the property on which the work is done or the improvement made. The lien shall be placed on the property in accordance with chapter 342, subchapter A of the Texas Health and Safety Code. The lien obtained is security for the expenditures made and interest accruing at the rate of 10 percent per annum on the amount due from the date of payment by the city. The city council may bring a suit for foreclosure in the name of the city to recover the expenditures and interest due.
(Ordinance 01-O-08-D, sec. 8, adopted 2/12/2001; 2009 Code, sec. 6.03.007)
(a) 
Whenever a nuisance is abated by the city under this article, the city shall keep an accurate account of all expenses incurred, including an overhead charge of twenty-five percent (25%) for administration and a civil penalty of $200.00 for each nuisance abated.
(b) 
When the city has abated a nuisance maintained by any owner of real property, each subsequent nuisance that is abated by the city within two (2) consecutive calendar years from the date of abatement concerning the real property and owned by the same person, any amount determined by subsection (a) shall be increased by an additional fifty percent (50%), minimum of $50.00. The civil penalty shall be imposed without regard to whether the nuisances abated by the city are of the same character.
(Ordinance 01-O-08-D, sec. 9, adopted 2/12/2001; 2009 Code, sec. 6.03.008)
The remedies in this article are cumulative and in addition to every other remedy allowed by this article or state law and not to the exclusion of all other remedies, methods, or proceedings provided by law for enforcement of this article.
(Ordinance 01-O-08-D, sec. 10, adopted 2/12/2001; 2009 Code, sec. 6.03.009)
Nothing in this article shall be construed as abridging the right of the city to resort to the courts for enforcement, or of the rights of any owner to resort to the courts in an attempt to enjoin violations.
(Ordinance 01-O-08-D, sec. 11, adopted 2/12/2001; 2009 Code, sec. 6.03.010)