(a) 
General limitation.
It shall be unlawful for any person, firm or corporation owning or in control of any lot, tract or parcel of land, occupied or unoccupied, within the corporate limits of the city to suffer or permit grass, weeds, or any plant that is not cultivated, to grow to a greater height than ten inches, or to grow in rank profusion upon said premises. The term "rank profusion" shall be deemed to mean any vegetation, brush, bush or tree that is allowed to grow in such a manner that it could damage buildings or structures or block ingress and egress or become a rodent harborage.
All bushes, vegetation and trees must be trimmed and properly maintained in a manner, condition, or object which is or should not be objectionable, unsightly, or unsanitary to a person of ordinary sensitivities. In the event of extreme drought or other hazardous conditions, the fire marshal may require any grass, bush, tree or vegetation to be mowed or removed when the area is of such size or proximity to structures that in the opinion of the fire marshal it creates a potential fire hazard. It shall be unlawful for any person, firm or corporation owning or in control of any lot, tract or parcel of land, occupied or unoccupied, within the corporate limits of the city to suffer or permit grass, weeds, or any plant that is not cultivated, to grow to a greater height than ten inches, or to grow to a height of more than ten inches along the perimeter or around trees, or to grow in rank profusion upon said premises, including along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, then the property shall be maintained to the traveled portion of the street. In the case of agricultural tracts, this article will be satisfied if the hay or grass is kept mowed to a height no greater than ten inches along the part of the tract adjacent to a thoroughfare, as follows:
(1) 
Twenty feet along the part of the tract adjacent to Interstate/State Highway thoroughfares;
(2) 
Fifteen feet along the part of the tract adjacent to principal/minor arterial or major collector thoroughfares;
(3) 
Ten feet along the part of the tract adjacent to minor collector thoroughfares or residential streets.
Exception: This section shall not apply to any publicly designated natural area or to any drainage way, or to any undeveloped parkland.
(b) 
Exception.
The owner of a property may make a written application for a permit to exhibit wild flowers. Such permit will be issued by the building official, without charge provided the written application is submitted not later than March 31, of each calendar year. The permit shall be limited to the blooming season of the specific wildflower named in the permit.
(c) 
Exception.
It shall be a defense to prosecution under article III if the vegetation is any of the following:
(1) 
Agricultural crops, except grass and hay, unless subsection (2) stated below applies;
(2) 
Hay that is grown within designated growing season for the specific purpose of cultivation and is part of a predominately homogenous plant population may be grown to any height provided it is located no closer than the distance to thoroughfare designated under subsection (a) stated above;
(3) 
Cultivated trees;
(4) 
Cultivated shrubs;
(5) 
Understory vegetation;
(6) 
Flowers or other decorative ornamental plants and grasses under cultivation;
(7) 
Native grasses, but only until such time as the majority of a species have gone dormant.
(Code 1975, § 11-71; Ordinance 2907, § 5, adopted 10/23/2006; Ordinance 3186, § 1, adopted 6/25/2012; Ordinance 3364, § 1, adopted 7/13/2015)
It shall be the duty of any person, firm or corporation owning or in control of any lot, tract, parcel of land, or portion thereof, occupied or unoccupied, within the corporate city to remove or cause to be cut and removed all such grass, weeds or plants as often as may be necessary to comply with section 34-71.
(Code 1975, § 11-72)
Whenever it is determined that a violation of this article exists, the director of neighborhood services or as otherwise directed by the city manager shall give notice of such violation to the owner of such property as provided in section 34-73 and/or to the person in charge of such property in the same time and manner as provided by such section for notice to the owner.
(Code 1975, § 11-73; Ordinance 2907, § 6, adopted 10/23/2006)
(a) 
Notification of violations.
The owner of a property shall be notified of violations of this article as follows:
(1) 
The notice shall be given personally to the owner in writing; or
(2) 
The notice shall be given by letter addressed to the owner at the owner's address as recorded in the appraisal district records of the county; or
(3) 
If the 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 if the property contains no buildings.
(b) 
Refused or unclaimed notices.
Any notice that is mailed to a property owner in accordance with this article, 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.
(c) 
Notification regarding second violation in one-year period.
In a notice provided in this article, the enforcement officer may inform the owner by regular mail and a posting on the property, or that if the owner commits another violation of the same kind or nature that poses a danger to the public health or 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 article occurs within a one-year period, and the city has not been informed in writing by the owner of any ownership change, then the city may without notice take any action provided in this article and assess charges as permitted by section 34-75.
(d) 
Period for compliance.
The notice described in this section shall require compliance within seven days of the notice of violation.
(Code 1975, § 11-73)
(a) 
Generally.
In the event that the land owner fails to abate the violation after notice, and the city enters upon the premises and does mowing or other work to bring the property in compliance, a charge will be made for mowing and clearing the lot which shall be a charge against the owner, and if not paid within 30 days of billing by the city will become a charge against the property. Said charge shall include an administrative fee as established in Appendix A which shall be charged against the owner of the land in question and shall become a charge against the land if not paid within 30 days of billing by the city.
(b) 
Charges.
The city's charge for abatement under this article shall be the administrative fee established in Appendix A for each parcel or lot plus the actual cost of clearing, cleanup and mowing.
(c) 
Lien.
If the charge is not paid to the city within 30 days after billing, the city may file a lien upon the premises for all administrative fees and costs of abatement. To obtain such lien a statement of expenses shall be signed by the mayor and shall contain a statement of charges and a total. The lien shall be filed in the deed records of the county. The lien statement of expenses shall state the name of the owner, if known, and legal description of the property. The charges shown in the lien shall bear interest at the rate of eight percent per annum from due date until paid. Suit may be filed for foreclosure of such lien. The lien foreclosure may be brought under a proceeding under V.T.C.A., Tax Code § 33.91 et seq. A certified copy of the lien filed in the deed records shall be prima facie proof of the charges and the reasonableness thereof as well as the validity of the lien.
(Code 1975, § 11-74; Ordinance 2907, § 7, adopted 10/23/2006)
To enforce any requirement of this article, the director of neighborhood services may:
(1) 
Do the work or make the improvements required;
(2) 
Pay for the work done or improvements made and charge the expenses to the owner of the property; and
(3) 
Cause appropriate action to be instituted by a court of competent jurisdiction.
(Code 1975, § 11-75)
(a) 
Abatement.
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.
(b) 
Notice; contents.
Not later than the tenth day after the date the city abates weeds under this section; the city shall give notice as described in sections 34-73 and 34-74. The notice shall contain:
(1) 
An identification, which is not required to be a legal description, of the property;
(2) 
A description of the violations that occurred on the property;
(3) 
A statement that the city abated the weeds; and
(4) 
A statement that the property owner has the right to request an administrative hearing concerning the abatement.
(c) 
Administrative hearing.
The city shall conduct an administrative hearing on the abatement of weeds if the property owner files with the city a written request for a hearing no later than the 30th day after the abatement of the weeds.
(d) 
Conduct of hearing.
A hearing conducted under this section 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 abatement of the weeds.
(e) 
Assessment of expenses and creation of liens.
The city may assess expenses and create liens as outlined in section 34-75.
(Code 1975, § 11-76)