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 other unsightly, objectionable or unsanitary matter of whatever nature
includes all uncultivated vegetable growth, objects and matter not included within the meaning of the other terms as herein used, 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 ragweed or other vegetable growth which might or may tend to be unhealthy to individuals residing within 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 premises.
Rubbish
means and includes all refuse, rejected tin cans, old vessels of all sorts, useless articles, discarded clothing and textiles of all sorts, trash, debris, rubble, stone, useless fragments of building materials, other miscellaneous useless waste or rejected matter, and in general all litter and all other things usually included within the meaning of such term.
Weeds
means all rank and uncultivated vegetable growth or matter that:
(1) 
Has grown to more than 18 inches in height; or
(2) 
May create an unsanitary condition or become a harborage for rodents, vermin, or other disease-carrying pests, regardless of the height of the weeds.
(Ordinance 98-321-7, § 1, adopted 10/20/1998; Ordinance 20-676-14, § 2, adopted 6/18/2020)
It shall be unlawful for any person, firm or corporation who shall own or occupy any lot in the city to permit or allow the accumulation of stagnant water thereon, or to permit same to remain.
(Ordinance 96-298-7, § 2, adopted 8/27/1996)
It shall be unlawful for any person, firm or corporation who shall own or occupy any house, building, establishment, or lot in the city to permit or allow any carrion, filth, or other impure unwholesome matter to accumulate or remain thereon.
(Ordinance 96-298-7, § 3, adopted 8/27/1996)
It shall be unlawful for any person, firm or corporation who shall own or occupy any lot in the city to allow weeds, rubbish, brush or any other unsightly, objectionable or unsanitary matter to accumulate or grow on said lot or lots.
(Ordinance 96-298-7, § 4, adopted 8/27/1996)
Lots or property being used for agricultural purposes shall not be included under the terms of this article, except that no agricultural use shall be made of any property within 25 feet of the property line of such lots or tract of land, and the 25-foot strip of land shall be debt free from all crops, weeds, rubbish, brush or any other unsightly, objectionable or unsanitary matter.
(Ordinance 96-298-7, § 5, adopted 8/27/1996)
(a) 
Should any owner of such lot that has 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 be, fail or refuse to drain or fill said lot, or remove such filth, carrion, or other impure or unwholesome matter, as the case may be, or the owner of any lot allow weeds, rubbish, or any other unsightly, objectionable or unsanitary matter to accumulate or grow on said lot and fail or refuse to cut or remove such weeds, rubbish, or other unsightly objectionable matter, as the case may be, within seven days after notice is given to said owner to do so, the city may:
(1) 
Do the work or make the improvements required; and
(2) 
Pay for the work done or improvements made and charge the expenses to the owner of the property.
(b) 
The notice under this section 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 county; 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.
(c) 
If the city mails a notice to a property owner in accordance with subsection (b) of this section, 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.
(d) 
In a notice provided under this section, the city may inform the owner by regular mail and a posting on the property, or by personally delivering the notice, 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 city has not been informed in writing by the owner of an ownership change, then the city, without notice, may take any action permitted by subsections (a)(1) and (2) of this section and assess its expenses as provided by section 28-233.
(e) 
The city may abate, without notice, weeds that have grown higher than 48 inches; and are an immediate danger to the health, life, or safety of any person.
(1) 
Not later than the tenth day after the date the city abates weeds under this subsection (e), the city shall give notice to the property owner in the manner required by subsections (b through (d) of this section. The notice shall contain:
a. 
An identification, which is not required to be a legal description, of the property;
b. 
A description of the violations that occurred on the property;
c. 
A statement that the city abated the weeds; and
d. 
An explanation of the property owner's right to request an administrative hearing about the city's abatement of the weeds.
(2) 
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.
(3) 
An administrative hearing conducted under this subsection (e) 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.
(4) 
The city may assess expenses and create liens under this subsection (e) in the manner provided for under section 28-233. A lien created under this subsection (e) is subject to the same conditions as a lien created under section 28-233.
(5) 
The authority granted the city under this subsection (e) is in addition to the authority granted by subsections (a) through (d) of this section.
(Ordinance 96-298-7, § 6, adopted 8/27/1996; Ordinance 6-481-9, § 6, adopted 3/2/2006)
(a) 
The city council may assess expenses incurred under section 28-232 against the real estate on which the work is done or improvements made.
(b) 
To obtain a lien against the property, the city health officer or the city council or his designee must file a statement of expenses with the county clerk. The lien statement must state the name of the owner, if known, and the legal description of the property. The lien attaches upon the filing of the lien statement with the county clerk.
(c) 
The lien obtained by the city council is security for the expenditures made and interest accruing at the rate of ten percent on the amount due from the date of payment by the city.
(d) 
The lien is inferior only to:
(1) 
Tax liens; and
(2) 
Liens for street improvements.
(e) 
The city council may bring a suit for foreclosure in the name of the city to recover the expenditures and interest due.
(f) 
The statement of expenses and a certified copy of the statement is prima facie proof of the expenses incurred by the city in doing the work or making the improvements.
(g) 
The remedy provided by this section is in addition to all other remedies provided by this article.
(h) 
The city council may foreclose a lien on property under this subchapter in a proceeding relating to the property brought under V.T.C.A., Tax Code § 33.91 et seq.
(Ordinance 96-298-7, § 7, adopted 8/27/1996; Ordinance 6-481-9, § 6, adopted 3/2/2006)
It shall be the duty of the police chief of the city to enforce this article and any person, firm or individual who shall violate any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction shall be fined as provided in section 1-13. Each and every day's violation shall constitute a separate and distinct offense, in case the owner or occupant of any lot, lots 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, treasurer of such corporation, or any manager, agent, or employee of such corporation shall be also severally liable for the penalties herein provided.
(Ordinance 96-298-7, § 8, adopted 8/27/1996)