A person owning, claiming, occupying, or having supervision or control of any real property, occupied or unoccupied, within the city commits an offense if said person permits or allows any stagnant or unwholesome water, sinks, filth, carrion, weeds, rubbish, brush, refuse, junk, or garbage, or impure or unwholesome matter of any kind, or objectionable, unsightly matter of whatever nature to accumulate or remain on such real property or within any easement area on such real property or upon any adjacent right-of-way for streets and alleys between the property line of such real property and where the paved surface of the street or alley begins. Such condition or conditions are hereby defined as public nuisances.
(Ordinance 2018-10114, § 4, adopted 9/20/2018)
(a) 
High weeds and grass.
A person, owner, tenant, agent, or person responsible for any premises within the city, occupied or unoccupied, commits an offense if said person permits or allows weeds to grow on the premises to a greater height than ten (10) inches. Said premises shall include, but not be limited to, the parkway between sidewalk and the curb; the right-of-way between any fence, wall, or barrier and the curb or pavement if such exists or the center line of said right-of-way; or the area between a fence, wall, or barrier and within any abutting drainage channel easement to the top of such channel closest to the property.
(b) 
Agricultural properties.
With respect to uncultivated agricultural properties, a person, owner, tenant, agent, or person responsible for such property commits an offense if said person permits or allows weeds to grow to a greater height than ten (10) inches within one hundred fifty (150) feet from any adjacent property under different ownership or any street right-of-way. However, on cultivated agricultural properties where the distance between the growing crop and abutting property under different ownership or street right-of-way is less than one hundred fifty (150) feet, the person, owner, tenant, agent, or person responsible for such property commits an offense if said person permits or allows weeds to grow to a greater height than ten (10) inches between such growing crop and such property or street right-of-way. A person commits an offense if the person permits or allows weeds or crops on a corner lot to grow to any height which would create a traffic hazard, visibility obstruction, or otherwise impede the accessibility of a sidewalk, driveway or street.
(c) 
Edging.
A person, owner, tenant, agent or person responsible for any premises within the city, occupied or unoccupied, commits an offense if said person fails to maintain all ground cover, including but not limited to grass; weeds; ivy; and other decorative groundcovers, by mowing, trimming, and/or edging such that it does not encroach over the edge of sidewalks; pedestrian ways; driveways; flatwork; curbs; and/or street pavement.
(Ordinance 2018-10114, § 4, adopted 9/20/2018)
In the event that any person violates the provisions of this article, the code enforcement director shall give notice to such person setting forth the violation.
(1) 
Notice required.
Such notice shall be given in any one (1) of the following ways:
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:
1. 
By publication at least once;
2. 
By posting the notice on or near the front door of each building on the property to which the violation relates; or
3. 
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.
(2) 
Return of notice.
If the notice to a property owner is returned by the United States Postal Service as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered.
(3) 
Continuing notice.
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 expenses 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 section 8-8 and assess its expenses as provided in section 8-9.
(Ordinance 2018-10114, § 4, adopted 9/20/2018)
If such person fails or refuses to correct the violation of this article as set forth in the notice within seven (7) days of such notice, the city may do such work or cause such work to be done to bring the real property into compliance with this article.
(Ordinance 2018-10114, § 4, adopted 9/20/2018)
(a) 
Assessment of expenses.
The costs, charges, and expenses incurred in doing or having such work done or improvements made to the real property, including the sum two hundred and fifty dollars ($250.00) per lot or tract of land, which sum is hereby found to be the cost to the city of administering the terms of this article, shall be a charge to and personal liability of such person.
(b) 
Lien.
If a notice of violation of this article is given to the owner of such real property and the owner fails or refuses to timely correct the violation such that the city has to do the work or cause such work to be done to bring the real property in compliance with this article, the aforementioned costs, charges, and expenses shall be, in addition to a charge to and personal liability of the owner, a privileged lien upon and against such real property, including all fixtures and improvements thereon. In order to perfect such lien, the code enforcement director shall first give such owner written notice of demand for payment of such charges. Such written notice may be given by any one (1) of the methods provided for in section 8-7. If the owner fails or refuses to make complete payment of the charges within twenty (20) days of such notice, the code enforcement director shall file a written statement of such charges with the Dallas County Clerk for filing in the county land records. The statement shall contain the following:
(1) 
The name of the owner;
(2) 
A description of the real property;
(3) 
The amount of the charges, including interest thereon;
(4) 
A statement that all prerequisites required by this section for the imposition of the charges and the affixing of the lien have been met; and
(5) 
A statement, signed by the code enforcement director under oath, that the statements made therein are true and correct.
The statement may also contain such other information deemed appropriate by the code enforcement director.
(c) 
Interest.
All charges shall bear interest at the rate of ten (10) percent per annum from the date the city incurs the expense. The city may bring suit to collect the charges and interest due, institute foreclosure proceedings, or both as provided by state law. The statement, as provided herein or certified copy thereof, shall be prima facie evidence of the city's claim for charges or right to foreclose the lien. The owner or any other person responsible as provided herein shall be jointly and severally liable for the charges.
(Ordinance 2018-10114, § 4, adopted 9/20/2018)
In the event that a property owner permits or allows weeds to grow on the premises to a height greater than forty-eight (48) inches and such weeds are deemed by the city's code enforcement director to be an immediate danger to the health, life, or safety of any person, the code enforcement director, without notice to the property owner, may do such work or cause such work to be done to bring the real property into compliance with this section. The costs, charges, and expenses incurred in doing or having such work done or improvements made to the real property shall be assessed to the property owner and if not paid, may be filed as a lien against the property in accordance with section 8-9. Not later than the tenth day after the date upon which the weeds were abated under this section, notice of the abatement and charges incurred shall be given to the property owner. Such notice shall contain the following:
(1) 
An identification of the property, which is not required to be a legal description;
(2) 
A description of the violations that occurred on the property;
(3) 
A statement that the city abated the weeds;
(4) 
The amount of the charges, including interest thereon; and
(5) 
An explanation of the property owner's right to request an administrative hearing about the city's abatement of the weeds.
(Ordinance 2018-10114, § 4, adopted 9/20/2018)
If, not later than the thirtieth day after the date of the abatement of the weeds, the property owner files a written request for a hearing with the code enforcement director, the code enforcement director shall forward the request and all documents related to the matter to the city manager, who shall conduct an administrative hearing on the abatement of dangerous weeds under section 8-10 and/or the assessment of the administrative charges under section 8-9. The administrative hearing shall be conducted not later than the twentieth day after the date the request for a hearing is filed. The property owner may testify or present any witnesses or written information relating to the city's abatement of the weeds. Within ten (10) working days of the date of the hearing, the city manager shall provide written notice of his decision concerning the appeal. The city manager may, after hearing, waive the assessment of charges in the event the city manager determines that the requirements for abatement of dangerous weeds provided in section 8-11 were not met and may uphold, alter or waive the assessment of administrative charges upon a finding of good cause for so doing. The decision of the city manager is final.
(Ordinance 2018-10114, § 4, adopted 9/20/2018)
Any person who intentionally, knowingly or unlawfully violates or permits the violation of any provision of this chapter shall be guilty of a Class C misdemeanor offense and punished by a fine not to exceed two thousand dollars ($2,000.00). Each day in which a violation of this chapter exists shall constitute a separate offense.
(Ordinance 2018-10114, § 4, adopted 9/20/2018)