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:
Any and all other objectionable, unsightly or unsanitary matter of whatever nature
means and includes all uncultivated vegetation, grass and plant growth. This term shall apply to objects and matters not included within the meaning of the other terms as used in this section which are liable to produce or tend to produce an unhealthy, unwholesome or unsanitary condition to the premises within the general locality where the same are situated, and shall also include any species of weed, grass or vegetation and plant growth which might or may tend to be unhealthy to individuals residing with in the general locality of where the same are situated.
Brush
means and includes all trees or shrubbery under seven feet in height which are not cultivated or cared for by persons owning or controlling the parcel of real estate.
Rubbish
means and includes all refuse, rejected tin cans, old vessels of all sorts, and, in general, all litter and all other things usually included within the meaning of such term.
Weeds
means and includes all rank and uncultivated vegetation, grass or plant matter which has grown to more than 15 inches in height or which, regardless of height, is liable to become an unwholesome or decaying mass or a harboring place for mosquitoes or vermin.
(1966 Code, § 17-12; Ordinance 2006-21, § 1, adopted 2/28/2006)
For purposes of this article lots or parcels of real estate and other premises shall be held to include the grounds within their respective boundaries and to extend beyond such boundaries to the centerlines of adjacent or abutting streets or alleys.
(a) 
It shall be unlawful and it is hereby declared to be a public nuisance for the owner or occupant of any lot, parcel or other premises:
(1) 
To allow or permit holes or places wherein water may accumulate and become stagnant,
(2) 
To allow or permit the accumulation of stagnant water thereon, or
(3) 
To permit stagnant water to remain thereon.
(b) 
It shall be unlawful and it is hereby declared to be a public nuisance for the owner or occupant of any lot, parcel or other premises to allow or permit any carrion, filth or any other impure or unwholesome matter of any kind to accumulate or remain thereon.
(c) 
Whenever grass, weeds, brush, or any other plant that is not cultivated, rubbish and all other objectionable, unsightly and unsanitary matter of whatever nature shall exist, covering or partly covering the surface of any lot, parcel or other premises, the same is hereby declared to constitute a public nuisance, the prompt abatement of which is hereby declared to be a public necessity.
(d) 
It shall be unlawful and it is hereby declared to be a public nuisance for any owner or occupant of any lot, parcel or other premises to allow or permit the existence of any tree thereon when such tree is dead or damaged and such condition poses a serious threat to property or to human life or safety on such lot, parcel or other premises or to the public health, safety or welfare.
(e) 
Whenever the city health officer ascertains the existence of any condition which constitutes a violation of subsections (1), (2), (3) or (4) hereof which in the city health officer's opinion causes an immediate and serious threat to property, human life or safety, or to the public health, safety or welfare, the health officer is hereby authorized to immediately abate such nuisance utilizing city personnel or private contractors. In such cases the health officer shall, within five business days of the decision to abate, and as provided in section 46-30 hereunder, notify the property owner of the findings and opinion leading to the action taken. The cost of abating such nuisance shall be charged against the property owner. The city shall have the right to file a lien for such charges upon following the procedures for city abatement and the charging of such costs as provided for after notification, as set out in sections 46-30 through 46-40, if such procedures are possible considering the immediate threat to the public health, safety or welfare posed by the nuisance to be abated.
(1966 Code, § 17-14; Ordinance 2006-21, § 1, adopted 2/28/2006)
It shall be unlawful and it is hereby declared to be a public nuisance for any owner or occupant of any lot, parcel or any other premises or for their representative to allow grass, weeds or brush of any description to grow thereon or upon the sidewalks abutting any such property to a height greater than 15 inches from the surface of the ground.
(1966 Code, § 17-15; Ordinance 2006-21, § 1, adopted 2/28/2006)
(a) 
It shall be the primary duty of the owner of any premises within the city to cut and remove all weeds as often as may be necessary to comply with the provisions of this Code. In any prosecution for a violation of this article, the owner shall not be permitted to plead or show evidence that the occupant or tenant of property is the person against whom the charges should be brought.
(b) 
It shall be unlawful for any person, as the owner, tenant or agent of any premises within the city, to leave any unsightly piles or windrows of debris or weeds, grass or brush which could serve as habitat for rodents or other vectors of disease on such premises after such weeds, grass or brush have been cut, and it shall be the duty of such owner, tenant or agent to remove or prepare for removal by city brush crews, if applicable, such weeds, grass or brush after such weeds, grass or brush are cut from premises to prevent insanitary conditions from occurring on such premises.
(c) 
Any grass, weeds or brush that are cut shall be removed from the premises promptly and be disposed of in an appropriate manner. If the brush is to be burned, such burning shall be done under the supervision of and with the permission of the fire marshal of the city.
(1966 Code, §§ 17-16, 17-17)
(a) 
Whenever the health director ascertains the existence of any nuisance defined in this article on, adjacent to or abutting any lot, parcel or other premises, a written notice identifying the violation shall be issued to the owner of such property.
(1) 
For the purpose of complying with this section, it shall be sufficient if the health department places in the United States mail a certified or registered card or letter addressed to the owner at his last known address. The health official shall rely on the real property ownership records of the county appraisal district in determining the ownership of any property and the last known address of such owner for the purpose of notification.
(2) 
Such notice may either be mailed to such owner at the owner's last known address or may be served in person. Service shall be considered effective upon personal delivery or three days after mailing. If mailed notice is returned by the United States Postal Service as "refused" or "unclaimed," the validity of the notice shall not be affected, and the notice shall be considered as being delivered.
(3) 
If service in person or by mail cannot be obtained, then notice shall be considered sufficient if it is published once in any newspaper of general circulation within the city; or by posting the notice on or near the front door of each building on the property to which the violation relates; or by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates. Service shall be considered effective upon such publication or posting.
(b) 
Such notice shall require the abatement of such nuisance within seven days from the effective date of service of such notice. Such notice shall further state that, in default of the performance of the above condition, the city may, at once, cause such abatement to be done and charge the cost and expense incurred in doing or having such work done or improvements made, to the owner of such property, and that if not paid such expense shall be assessed as a lien on such real estate. The notice shall further state that any failure to comply with such notice shall be punishable as a Class "C" misdemeanor.
(c) 
The foregoing notice shall further inform the owner that another violation of the same kind or nature on or before the first anniversary day from the date of such notice may result, without further notice, in the city's abatement of the violation at the owner's expense and that if not paid the expense shall be assessed as a lien against such property.
(1966 Code, § 17-18; Ordinance 1994-23, § I, adopted 4/11/1994; Ordinance 2006-21, § 1, adopted 2/28/2006)
(a) 
Whenever the owner of any premises upon which weeds, grass, brush, rubbish or other unsanitary matter or condition constituting a nuisance are found in violation of this article cannot be located after due diligence, and whenever a person who has been given the notice as provided for by this article shall fail to comply with such notice, it shall be the duty of the health director to cause the weeds, grass, brush, rubbish or other unsanitary matter or condition constituting a nuisance to be promptly abated, in a reasonable and prudent manner.
(b) 
Any weeds, grass, brush, rubbish or other insanitary matter abated by the city shall become the property of the city to be removed or disposed of in the manner prescribed by the city manager.
(1966 Code, § 17-19; Ordinance 2007-86, § 1, adopted 10/22/2007)
The health director or his duly authorized representatives shall charge all necessary expenses in connection with abatement of a nuisance under this article, including but not limited to work done and improvements made in abating such nuisance, to the owner of such premises. The city shall also be entitled to recover all reasonable costs incurred in enforcing the provisions of this article, including but not limited to: inspections, efforts to locate the owner and/or occupant of the premises, issuance, service and publication of notices, reinspections of such premises and all other reasonable costs incurred in abating such nuisance. All such expenses and costs shall be assessed at such rates as may be established by the board of commissioners from time to time by minute order. Such expenses and costs shall be certified by the health director to the finance department, which shall thereafter promptly prepare and issue an invoice to the owner.
(1966 Code, § 17-20; Ordinance 2007-86, § 2, adopted 10/22/2007)
The city shall be held harmless from any and all liability from any claims resulting from the abatement or the failure to abate a nuisance on any property, including, but not limited to, destruction of shrubs, flowers, brush and small trees of any nature. The city has no duty nor does this article impose any duty on the director of health or any other employee to abate any nuisance existing on any private property. The provisions of this article neither change nor modify the responsibility of the owner or occupant of any premises in the city to keep the premises in a reasonably safe condition so as not to cause injury to any third party either on the property or adjacent to the property as provided for in the tort laws of the state. The adoption of this article does not, in any manner, change the responsibility under the tort law nor does it create a cause of action for liability not heretofore existing under the tort or statutory laws of the state. A decision of the city to abate a nuisance or not abate a nuisance is solely discretionary and any decision to abate a nuisance or not abate a nuisance shall not create any liability on the city in any manner to any party.
(1966 Code, § 17-21)
Whenever any work is done or improvements made by the city under the provisions of this article, the city shall notify the property owner of the work done and the cost thereof, such notice to be in writing to the last known post office address of the owner. Such costs shall be certified by the health director to the accounting department and the accounting department shall thereafter prepare an invoice to be distributed on the first of the following month in the amount of the total cost of removing such weeds, grass, brush, rubbish or other insanitary matter. The account shall become due and payable within 30 days after notice is given.
(1966 Code, § 17-22)
(a) 
If an invoice served under the terms of this article is not paid within 30 days of notice, then no services provided by the city's owned and controlled utilities shall be rendered to the property.
(b) 
Nothing contained in this section nor any action taken by the city pursuant to this section shall relieve any person from any penalty which may be imposed in a prosecution of this article.
(1966 Code, § 17-23)
(a) 
Any owner, whether a natural person or a corporation, or any agent, servant, representative or employee of such owner, including any person having ownership of any premises or lot or parcel of real estate or any part thereof, or any interest therein, or improvements thereon, situated within the limits of the city, on which there exists any nuisance as defined in this article, who shall allow or permit any such nuisance to be created or to remain and continue if created and established, or who shall fail, refuse or neglect to remove or abate such nuisance by one of the methods provided in this article or otherwise regulating such premises, so as to prevent such nuisance, within ten days from the date of service of notice thereof as provided for in this article, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined as provided in subsection (b) of this section, and each day during which such failure, refusal or neglect shall continue to exist shall constitute a separate offense.
(b) 
Any owner, or agent of any owner, violating any of the terms of this article shall be subject to a fine as provided in section 1-14. Each and every day that the premises remain in violation of the terms of this article shall constitute a different and separate offense. If the owner of any lot, lots or premises under the provisions of this section shall be a corporation and shall violate any of the provisions of this article, the president, vice-president, secretary or treasurer of such corporation or any manager, agent, or employees of such corporation shall be also severally liable for the penalties provided for a violation of the Code.
(1966 Code, § 17-24)
(a) 
The city finance department shall be responsible for collecting all monies due for abating nuisances under this article.
(b) 
Any payment or collection made under the terms of this article shall be received by and receipted for by the director of finance, or one of his duly authorized agents. Such sums of money so received by the director of finance shall be paid into the general fund of the city on the first of each month. Such sums of money, receipts therefor, and the necessary records in connection therewith shall be handled, prepared and maintained as a permanent record, all in the form and manner prescribed by the director of finance.
(1966 Code, § 17-25)
(a) 
Whenever the city shall have performed the work and incurred costs or expenses in connection therewith as provided in this article, and the city shall have charges accrued against such property for a period of 30 days or more from the first billing, the director of finance, or his duly authorized agent, shall notify the city legal department. The legal department shall immediately prepare and file for record in the office of the county clerk an itemized statement of all the work performed and all costs and expenses incurred and paid by the city in connection therewith in the form of an affidavit duly sworn to, which affidavit or duly certified copy thereof, after having been recorded, shall be prima facie proof of the work done and performed and the amounts paid therefor. Such affidavit, among other things and provisions, shall contain the following:
(1) 
Name and address of owner, occupant or agent of owner of property, if known, and if unknown, recite that fact.
(2) 
Description of property sufficient to identify the property, and where property has been subdivided, a description by lot and block number of any particular subdivision shall be sufficient.
(3) 
Statement of the particular violation of this article.
(4) 
Statement including date that notice of violation was mailed or published to owner as to failure to comply therewith.
(5) 
Itemized statement of the work done and date such work was performed, together with costs thereof opposite each item.
(6) 
Statement of payment made by the city, the date of such payment, and to whom made if contracted out to private commercial enterprises.
(7) 
Statement that such affidavit is made for the purpose of fixing a lien upon the property therein described, in accordance with the provisions of V.T.C.A., Health and Safety Code § 342.001 et seq., with up to the maximum percent interest allowed by law on the aggregate amount to be paid to the city.
(b) 
The board of commissioners hereby finds and declares that the general legal work by the city legal department in conjunction with the filing of the lien and other associated necessary incidents of such filing requires a minimum charge for each lien that is assessed per lot, tract or parcel of real estate. The minimum charge for such legal work shall be set by the board of commissioners from time to time by minute order.
(c) 
The city manager is hereby authorized to execute any lien to be filed with the county clerk for the imposition of the lien on the property for which a nuisance was abated and the costs assessed by the city as provided for in this article.
(1966 Code, § 17-26; Ordinance 2006-21, § 1, adopted 2/28/2006)
Upon the filing of the statements and affidavits provided for, the city shall have a lien for the repayment of the aggregate amount so expended and paid as therein set forth, with up to the maximum percent interest allowed by law thereon from the date of payment or incurrence of cost thereof by the city, upon the property described in such affidavit, and which lien shall have precedence over all other liens and encumbrances except tax liens and liens for street improvements; and for any such expenditures and interest as aforesaid, suit may be instituted, and recovery had, and such lien foreclosed by the city in the manner provided for by law.
(1966 Code, § 17-27)
The city manager or his designated authorized agent is hereby authorized to execute release liens on behalf of the city of all liens created under the provisions of this article. The city manager or his designated authorized agent shall have no right to execute such releases until he has satisfied himself that the debt or portion thereof secured by the lien and for which a release is requested has been paid in full to the city, and such lien shall be released only insofar as it affects the property for which the debt secured thereby has been paid in full.
(1966 Code, § 17-28)