[1]
Editor's note—This article was originally Art. IX but was renumbered as Art. X when new material was added above.
[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:]
Citation
means an ordinance violation notice and notice to appear before the city municipal court, as provided for in this section.
City
means the City of Kyle, a home-rule municipality located in Hays County, Texas.
Person
means any individual, association, firm, corporation, governmental agency, political subdivision, or legal entity of any kind.
(Ordinance 689, § 1(a), adopted 2/21/2012)
(a) 
Relation to related laws.
A citation issued pursuant to this section does not relate to authority of a peace officer to issue a citation pursuant to V.T.C.A., Code of Criminal Procedure art. 14.06(d) or V.T.C.A., Transportation Code § 543.003.
(b) 
Authority to issue citations.
Pursuant to this section, and the scope of their assigned duties, a citation may be issued of the following individuals so designated by the city council:
(1) 
Code enforcement officer(s);
(2) 
Animal control officer(s);
(3) 
Building inspector(s); and
(4) 
Any certified peace officer licensed by the State of Texas and employed by the city's police department.
(c) 
Form and content of citation.
A citation issued under this section must be in a form approved by the municipal court clerk that includes the following information:
(1) 
The name, address, date of birth, and/or driver's license number, physical description, and telephone number of the person cited;
(2) 
The offense for which the person is charged;
(3) 
The date and location of the offense;
(4) 
A deadline to contact the municipal court;
(5) 
A statement requiring the person receiving the citation to appear at municipal court on or before the deadline indicated on the citation;
(6) 
A statement of the person's promise to respond to the citation, pursuant to V.T.C.A., Code of Criminal Procedure art. 27.14, by the deadline indicated on the citation, including a place for the person cited to provide the person's signature; and
(7) 
The signature of the person issuing the citation.
(d) 
Pleading subsequent to issuance of citation.
All pleas arising from the issuance of a citation under this section shall be made pursuant to V.T.C.A., Code of Criminal Procedure art. 27.14.
(Ordinance 689, § 1(b), adopted 2/21/2012)
(a) 
Ordinance violation of promise to appear.
A person issued a citation, as authorized by this section, commits an offense if the person fails to appear or enter a plea pursuant to subsection 23-282(d) on or before the deadline to appear indicated on the citation as authorized by V.T.C.A., Penal Code art. 38.10.
(b) 
Interference or obstruction of issuance.
A person commits an offense if the person interferes with or obstructs the issuance of a citation under this section.
(c) 
Providing false of fictitious name.
A person commits an offense if the person gives a false or fictitious name, address, or other information to an individual authorized to issue a citation under this section.
(d) 
Penalty.
Each violation under this section is a misdemeanor offense punishable upon conviction by a fine not to exceed $2,000.00 per offense. Each day shall constitute a separate offense.
(Ordinance 689, § 1(c), adopted 2/21/2012)
Whenever the existence of nuisance as provided in the City's Code of Ordinances, on any lot or parcel of real estate situated within the corporate limits of the city, shall come to the attention of the city, it shall be the duty of said code enforcement officer, animal control officer, building inspector or Kyle Police Officer to prepare a written notice, identifying such property, to be sent to the person, firm or corporation owning or having possession or control of such lot or parcel of real estate, requiring the abatement, within a specified time, of such nuisance. Nuisance abatement shall include but is not limited to removing debris, weeds, brush, rubbish, decaying vegetable matter, removing junked vehicle, removing non conforming building or structure, construction to bring into compliance a building or structure so that it conforms with the building or zoning codes, removing other objectionable, unsightly or unsanitary matter of whatever nature, as the case may be, or by filling in, draining, leveling or otherwise regulating such lot or parcel of real estate, so as to prevent stagnant water standing therein, within ten days from the date of service of such notice.
(Ordinance 689, § 2, adopted 2/21/2012)
Such notice as described in section 23-284 shall be served by the code enforcement officer, animal control officer, building inspector or Kyle Police Officer, by delivering such notice to the person, firm or corporation, or by leaving such notice at his place of residence or business if within the corporate limits of the city, and if a firm or corporation, by service upon any officer, agent or representative authorized by law to accept citation. If the person, firm or corporation to be served with such notice shall reside outside the limits of the city, the posting of a letter addressed to such person, firm or corporation at their post office address, if known, shall be sufficient service of such notice. The code enforcement officer, animal control officer, building inspector or Kyle Police Officer serving such notice shall make due return thereof on a copy of such notice, showing date and manner of service.
(Ordinance 689, § 3, adopted 2/21/2012)
In the event of failure, neglect or refusal by the owner of any such lot or parcel of real estate to cause such nuisance to be removed or abated in the manner and within the time hereto provided, the code enforcement officer, animal control officer, building inspector or Kyle Police Officer shall file a complaint in the Municipal Court of the City of Kyle. For matters that are not zoning violations, the city manager, if found to be more expedient, shall file a written report with the city council, showing due service of the notice herein provided, upon the owner of such property, and describing such property. The city council, if they are of the opinion that such nuisance is being maintained or continued, shall at once authorize, direct and empower the city manager without further notice to the owner of such lot or parcel of real estate, to proceed at once to abate such nuisance by grubbing and removing such weeds, brush, debris, rubbish and any other objectionable, unsightly or unsanitary matter of whatever nature, as the case may be, or by filling in, draining, leveling or otherwise regulating such lot or parcel of real estate, so as to prevent stagnant water standing therein, and charge the necessary cost and expense of procuring such work and improvements to the owner of the property.
(Ordinance 689, § 4, adopted 2/21/2012)
Any nuisance to be abated shall be done by contract awarded to the lowest qualified bidder or by labor employed by the City of Kyle and performed under the supervision of the city's building official or city manager or their duly authorized representative, as in their discretion may be deemed most expeditious.
(Ordinance 689, § 5, adopted 2/21/2012)
When such work and improvements have been completed, a statement shall be sent to the owner of the lot or parcel of real estate involved for payment within ten days of the mailing of such statement. In the event of non-payment within the specified period, the city shall cause a statement to be filed in the office of the County Clerk of Hays County, Texas, showing the cost and expense of such work, including an administrative fee of $150.00, the date performed, a brief description of the property improved sufficient to identify it, and the name of the owner thereof, if known. From the date of filing, the amount shown by such statement to have been expended by the city for the improvement of such property, together with ten percent interest annually, shall be a privileged lien thereon, second only to tax liens and liens for street improvements.
(Ordinance 689, § 6, adopted 2/21/2012)
A suit may be instituted and recovery and foreclosure of the lien for any such expenditures and interest may be had in the name of the City of Kyle in any court having jurisdiction, and the statement of the city's building official or city manager provided in the preceding section, or a certified copy of such statement, shall be prima facie proof of the amount expended in any such work or improvements.
(Ordinance 689, § 7, adopted 2/21/2012)