(a) 
Purpose.
This article prescribes the minimum actions to be taken by property owners within the corporate limits of the city in the maintenance of grounds and structures which will promote the health, safety, and welfare of the citizens of the city, to maintain the neighborhood atmosphere, and to protect property values of all owners.
(b) 
Scope.
This article applies to all lots and tracts of land within the corporate limits of the city.
(Ordinance 058 Rev. 6 adopted 1/24/2023)
(a) 
Property owners shall maintain the residence and outbuildings in a manner that does not detract from neighborhood appearance and the property values of adjacent property owners. Maintenance includes, but is not limited to, periodic painting, masonry repair as needed, replacement of damaged windows and screens, and roof repairs. Said repairs do not require a building permit provided there is no change to the structure's footprint. Structural damage due to wind, hail, fire, water, or accident shall be corrected within a reasonable time frame determined by the board of aldermen.
(b) 
Maintaining any structure in a manner that constitutes a hazard to safety, health, or public welfare because of inadequate maintenance, unsanitary conditions, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is considered a public nuisance and is subject to the penalties authorized herein.
(Ordinance 058 Rev. 6, sec. I, adopted 1/24/2023)
(a) 
Generally.
All lots and acreage will be maintained as to provide reasonable efforts to reduce fire risk, to prevent the spread of fires and to reduce the opportunity for rodent or varmint infestation.
(b) 
Outdoor storage.
Storage of inoperable vehicles and those with expired license, expired registration or expired State of Texas inspection decals, building material, furniture or furniture located out of its normal place of usage, machinery, paper materials, liquids, and any material in bulk quantities within the city is prohibited unless located within a completely enclosed structure which complies with the ordinances of the city, excluding vehicles stored within Zoning District B (PUD).
(c) 
Public nuisances enumerated.
(1) 
Keeping, storing, or accumulating refuse on premises within the city limits unless the refuse is entirely contained in a closed receptacle.
(2) 
Keeping, storing or accumulating rubbish or any unused abandoned object, including but not limited to: newspapers, vehicles, refrigerators, stoves, furniture, tires, leftover construction materials, and cans on premises within the city limits, unless the rubbish or object is completely enclosed within a building or is not visible from a public street or public area, or private property under other ownership.
(3) 
Maintaining premises in a manner that creates an unsanitary condition likely to attract or harbor mosquitoes, rodents, vermin, termites, or disease-carrying pests.
(4) 
Piles of brush, logs, tree limbs, weeds, scrap lumber, dirt, gravel, construction debris, etc., will not be allowed to accumulate. Neatly stacked firewood is permissible. Piles of brush, logs, tree limbs, weeds, scrap lumber, dirt, gravel, construction debris, etc., must be removed within fourteen calendar days after receiving a written notice of violation from the city. The aforesaid fourteen-day grace period will be extended for burnable material during a county or city no-burn order for an additional 14 calendar days after which time it is the property owner's responsibility to remove all burnable debris from the city.
(5) 
Storage in carports of bulk household materials, tools, furniture, appliances, and other household items in addition to those enumerated above is prohibited. This category of items and materials must be stored in an enclosed building or stored so that it is not visible from a public street or public area.
(6) 
Storage of materials in the public visible areas of boathouses shall be kept orderly and neat so as to not present a nuisance to the neighborhood.
(d) 
Lawns and other vegetation; rock gardens.
(1) 
Lawns are required on a lot or acreage with single-family residences.
(2) 
Lawns must be established within 90 days of completion of construction of the residence. Unrestricted growth of native grasses and other vegetation is not an acceptable substitute for a lawn.
(3) 
Rock gardens (all or part of lawn) made of river rock, lava stone, or similar materials are permitted. The perimeter will be of a material capable of containing the rock or stone within boundaries and control of grass and weeds will be maintained.
(4) 
Bushes, hedges, flower and vegetable gardens, trees and other vegetation shall be trimmed periodically so as to present a neat appearance.
(e) 
Mowing requirements.
(1) 
Institutional properties.
Institutional properties in District B (PUD) will be mowed as often as necessary to reduce the hazard of fire and the opportunity for rodent and varmint infestation.
(2) 
Mixed-use properties.
The city, by this article, does not require mowing of undeveloped areas of any tract of land designated as mixed-use properties located in District B (PUD) or in District C (Agricultural). The lessee or owner shall maintain all utilized areas in such a manner as to reduce the hazard of fire and the opportunity for rodent and varmint infestation.
(3) 
Mowing of right-of-way.
Residential property owners are required to mow the street right-of-way area between the property line and the street surface.
(4) 
Improved lots and acreage.
(A) 
Lawn height will not exceed six (6) inches.
(B) 
Maximum height includes grass and weeds next to foundations, driveways, and fences.
(C) 
An improved lot without a single-family residence and with an abundance of wildflowers should not be mowed until most of the seeds mature.
(5) 
Unimproved lots.
(A) 
Vegetation height will not exceed sixteen (16) inches.
(B) 
An unimproved lot with an abundance of wildflowers should not be mowed until most of the wildflower seeds mature.
(6) 
Refuse, grass and leaf disposal.
Leaves, grass or other refuse shall not be blown, raked, discharged or otherwise disposed of into canals, lakes, streets or drainage infrastructure.
(f) 
City mowing program.
The city engages the services of a contract mower to mow those unimproved lots and acreage wherein the property owner has failed to mow within a given period of time after being notified that the vegetation exceeds the allowable sixteen inches in height. This contractor service is available to any unimproved lot owner who desires to take advantage of the opportunity to forego the monitoring of vegetation height on his/her property and mow or arrange for the mowing each time required. The cost of the service is competitive with local mowing services and with only a small administrative fee going to the city. The city monitors the growth on all lots and determines the dates for the contractor to begin mowing. Property owners utilizing this service are not subject to the penalties associated with violation of allowing vegetation to exceed the maximum allowable height. Three mowings per year are normal, but occasionally a fourth mowing is required in years of both early and late rains plus mild weather in the fall. Price per lot varies depending on size, number and location of trees and other distinguishing features. The city queries each unimproved lot owner previously engaging the city's service each year in late March or early April to determine the number of owners wishing to participate. Current fee information is then provided.
(Ordinance 058 Rev. 6, sec. II, adopted 1/24/2023; Ordinance adopting Code)
(a) 
Burn barrels are not permitted within the corporate limits of the city. State statutes prohibit the use of burn barrels for disposal of household waste and garbage within an area having a sanitation collection service.
(b) 
Burning of household garbage will be strictly prohibited within the city. Disposing of household garbage or table scraps, excluding the common practice of hand feeding fish and fowl with breadcrumbs and cooked or uncooked grains such as corn, in any body of water is also prohibited.
(c) 
Burnable material such as small limbs, lawn clippings and leaves may be burned on any lot or tract of land, improved or unimproved, provided the burn pile is:
(1) 
On your property;
(2) 
No larger than 6' in diameter and no taller than 3';
(3) 
Located at least fifty (50) feet from any combustible material and any structure or the front property line; and
(4) 
Only during periods in which there are no county or city declared burn bans.
(d) 
Article 6.02 of the Code of Ordinances, rules for a controlled burn, must be followed.
(Ordinance 058 Rev. 6, sec. III, adopted 1/24/2023)
(a) 
Notification requirements.
(1) 
If the owner of property in the city does not comply with a municipal ordinance or requirement under this article within seven days of notice of a violation, the city may:
(A) 
Do the work or make the improvements required; and
(B) 
Pay for the work done or improvements made and charge the expenses to the owner of the property.
(2) 
The notice must be given:
(A) 
Personally to the owner in writing;
(B) 
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
(C) 
If personal service cannot be obtained:
(i) 
By publication at least once;
(ii) 
By posting the notice on or near the front door of each building on the property to which the violation relates; or
(iii) 
By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates.
(3) 
If the city mails a notice to a property owner in accordance with subsection (a)(2), 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.
(4) 
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)(A) and (B) and assess its expenses as provided by subsection (b) of this section.
(b) 
Assessment of expenses; lien.
(1) 
The board of aldermen may assess expenses incurred under subsection (a) of this section against the real estate on which the work is done or improvements made.
(2) 
To obtain a lien against the property, the mayor, municipal health authority, or municipal official designated by the mayor must file a statement of expenses with the county clerk of the county in which the municipality is located. The lien statement must state the name of the owner, if known, and the legal description of the property. A signature on a lien statement may be a facsimile signature as defined by section 618.002, Government Code. The lien attaches upon the filing of the lien statement with the county clerk.
(3) 
The lien obtained by the board of aldermen is security for the expenditures made and interest accruing at the rate of 10 percent on the amount due from the date of payment by the city.
(4) 
The lien is inferior only to:
(A) 
Tax liens; and
(B) 
Liens for street improvements.
(5) 
The board of aldermen may bring a suit for foreclosure in the name of the city to recover the expenditures and interest due.
(6) 
The statement of expenses or 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.
(7) 
The remedy provided by this section is in addition to the remedy provided by V.T.C.A., Health and Safety Code section 342.005 and article 1.03 of the Code of Ordinances.
(8) 
The board of aldermen may foreclose a lien on property under this article in a proceeding relating to the property brought under V.T.C.A., Tax Code, chapter 33, subchapter E.
(Ordinance adopting Code)