For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABATE.
To eliminate a nuisance by removal, repair, rehabilitation, or demolition.
DISPOSE.
To discharge, deposit, inject, dump, spill, leak, or place junk, garbage, rubbish, refuse, or other solid waste into or on land or water.
GARBAGE.
All decayable wastes from public and private establishments and restaurants, including vegetable, animal, and fish offal and animal and fish carcasses.
HIGH GRASS.
All varieties of grasses normally cultivated and/or manicured for purposes of ground cover, landscaping, erosion control, or forage for domesticated livestock, that has grown to a height of more than 12 inches, or regardless of height, may create a fire hazard, an unsanitary condition, or become a harborage for rodents, vermin, or other disease-carrying pests.
JUNK.
All worn-out or worthless material or discarded material, including odds and ends, iron, or other metal, glass, cordage, and unused equipment.
LOT.
Any tract of land located within a platted subdivision. A "lot" shall include, in addition to the land within its boundaries, all land adjacent to and extending beyond the property line to the curb line of adjacent streets, and where no curb exists, to the existing street surface, and all land lying between the property line and the center line of adjacent alleyways.
NEIGHBORHOOD.
A platted subdivision, or property contiguous to a platted subdivision and within 100 feet thereof, or property adjacent to a public street and within 100 feet thereof.
PARCEL.
Any tract of land which is not part of a platted subdivision, and shall also include, in addition to the land within its boundaries, all land adjacent to and extending beyond the property line to the curb line of adjacent streets, and where no curb exists, to the existing street surface, and all land lying between the property line and the center line of adjacent alleyways.
PERSON.
An individual, corporation, organization, governmental subdivision or agency, business trust, partnership, association, or any legal entity.
PLATTED SUBDIVISION.
A subdivision that has its approved or unapproved plat recorded with the County Clerk of Bell County, Texas, and is described in lots and blocks in lieu of strictly metes and bounds.
PREMISES.
All privately-owned property, including vacant land or a building designed or used for residential, commercial, business, industrial, or religious purposes, together with the yard, ground, walk, driveway, fence, porch, steps, or other structure appurtenant to the property. "Premises" shall be deemed to include both lots and parcels as herein defined.
PUBLIC STREET.
The entire width between property lines of a road, street, way, thoroughfare, or bridge if any part of the road, street, way, thoroughfare, or bridge is open to the public for vehicular or pedestrian traffic.
RECEPTACLE.
A container that is composed of durable material and designed in a way that prevents the discharge of its contents and makes its contents inaccessible to animals, vermin, or other pests.
REFUSE.
Garbage, rubbish, paper, and other decayable and non-decayable waste, including vegetable matter and animal and fish carcasses.
RUBBISH.
All non-decayable wastes, except ashes, from a public or private establishment or residence.
WEEDS.
All rank and uncultivated vegetable growth or matter that:
(1) 
Has grown to more than 12 inches in height; or
(2) 
Regardless of height, may create an unsanitary condition or become a harborage for rodents, vermin, or other disease-carrying pests, or that may create a fire hazard.
(Ord. 89-20, 12-12-1989; Ord. 90-04, 4-10-1990)
The following is an enumeration of public nuisances subject to the provisions of this chapter:
(A) 
Keeping, storing, or accumulating refuse on premises within the city limits unless the refuse is entirely contained in a closed receptacle.
(B) 
Keeping, storing, or accumulating rubbish or any unused, discarded, or abandoned object, including newspapers, vehicles, refrigerators, stoves, furniture, tires, 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.
(C) 
Maintaining premises in a manner that creates an unsanitary condition likely to attract or harbor mosquitoes, rodents, vermin, or disease carrying pests.
(D) 
Allowing high grass and/or weeds to grow on a lot or parcel in a neighborhood, except that vegetation for the purpose of animal grazing or crops may be allowed within a fenced parcel.
(E) 
Maintaining any premises in a manner that is unsafe or constitutes a hazard to safety, health, or public welfare because of inadequate maintenance, unsanitary conditions, dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment.
(F) 
Any object, item, situation, or condition specifically identified as a public nuisance in any other statute or ordinance for which the city is responsible for enforcing.
(Ord. 89-20, 12-12-1989; Ord. 96-38, 7-23-1996)
(A) 
Any person who disposes of junk, garbage, rubbish, refuse, or other solid waste on a public highway, right-of-way, other public or private property, or into inland waterways in the city, or any person who allows or permits another person to dispose of junk, garbage, rubbish, refuse, or other solid waste on the person’s property shall be prosecuted under the provisions of Texas Litter Abatement Act and Texas Transportation Code, Chapter 683.
(B) 
A person commits an offense if that person causes, permits, allows, or maintains a public nuisance as defined in § 93.02 of this section on premises under the person’s ownership, occupancy, or control.
(C) 
The court may order abatement and removal of the nuisance on conviction.
(Ord. 89-20, 12-12-1989; Ord. 2000-35, 10-24-2000)
(A) 
In addition to any other remedy which may be available at law or in equity, the city may take action to administratively abate a public nuisance if the owner or person in control of the premises upon which the public nuisance exists fails to do so. The city may then assess the expense of removal of the public nuisance from the premises, and the city shall have a lien against the subject property to secure the payment of such expense. An action to abate a nuisance under this section shall have no effect upon a prosecution in the municipal court under § 93.03.
(B) 
The City Manager may order the summary abatement of a nuisance which threatens a public calamity or otherwise poses an immediate risk of serious harm to public health, safety or comfort.
(C) 
Except as provided in division (B), the abatement procedures must conform to the following:
(1) 
Notice shall be posted upon the premises on which or adjacent to which the nuisance is located. Notice shall also be personally served by either certified mail with five day return receipt requested to the property owner’s address as indicated in the County tax rolls, or by personal service to the property owner.
(2) 
If personal notice cannot be served by either method indicated in division (C)(1) of this section, a synopsis of the notice may be published once in a newspaper of general circulation within the city, and a publisher’s affidavit shall be considered proof of service to the property owner.
(3) 
Notice shall additionally be served by certified mail, with five day return requested, upon any lienholder of record and any occupant of the property upon which the nuisance is located.
(4) 
At a minimum, the notice required by this section shall contain the following information:
(a) 
A legal description of the property upon which the nuisance is located, or if the nuisance is located on public right-of-way, then a legal description of the adjacent property;
(b) 
A description of the public nuisance; and
(c) 
A statement that if the public nuisance is not abated within ten days of date the notice was mailed, the city may cause the abatement of the public nuisance and assess the expenses thereof against the subject property.
(5) 
If any notice required by this section is returned undelivered, action to abate the nuisance shall be continued to a date not earlier than the eleventh day after the date of the return.
(6) 
The City Council, or a board, commission, or official designated by the City Council, shall conduct hearings under the procedures adopted under this chapter.
(7) 
If a hearing is requested by a person for whom notice is required under this section, the hearing shall be held not earlier than the eleventh day after the date on which the notice was mailed.
(D) 
The Director of Planning and Development shall keep an accurate record of all expenses incurred for the removal and abatement of the public nuisance under this section, including man-hours, equipment hours, materials, and fuel.
(E) 
Property classified as a homestead as defined in the Texas Constitution and property owned by the city shall be exempt from the provisions of this section relating to the imposition of liens upon property for recovery of city expenses in abating public nuisances.
(Ord. 89-20, 12-12-1989; Ord. 2000-35, 10-24-2000)
It shall be the duty of the Building Official to take the necessary action for the enforcement of this chapter. The Building Official, his authorized representative, or any police officer shall issue citations or otherwise cause complaints to be filed in Municipal Court for all violations of this chapter. If civil action is to be pursued, the Building Official shall coordinate with the City Attorney until the final termination of the proceedings.
(Ord. 89-20, 12-12-1989)
(A) 
The Building Official or his authorized representative may enter any building, structure, or premises at all reasonable times to make an inspection or enforce any of the provisions of this chapter.
(B) 
When entering a building, structure, or premise that is occupied, the Building Official shall first identify himself, present proper credentials, and request entry. If the building, structure, or premise is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge of the premise and request entry. If entry is refused, the Building Official may obtain a search warrant pursuant to the requirements herein.
(C) 
No person, owner, or occupant of any building or premise shall fail, after proper credentials are displayed, to permit entry into any building or into any property by the Building Official or his authorized agent for the purpose of inspections pursuant to this chapter.
(D) 
The Building Official shall be the sole code enforcement officer to whom a search warrant may be issued pursuant to Tex. Code of Crim. Proc. Art. 18.05.
(E) 
A search warrant may be issued to the City Building Official for the purpose of allowing the inspection of any specified premises to determine the presence of any violation of this chapter that may be classified as a fire or health hazard, or an unsafe building condition.
(F) 
A search warrant may not be issued under this section except upon the presentation of evidence, in the form of a sworn affidavit of probable cause to believe that a fire or health hazard or violation or unsafe building condition is present in the premises sought to be inspected.
(G) 
In determining probable cause, the Magistrate is not limited to evidence of specific knowledge, but may consider any of the following:
(1) 
The age and general condition of the premises;
(2) 
Previous violations or hazards found present in the premises;
(3) 
The type of premises;
(4) 
The purposes for which the premises are used; and
(5) 
The presence of hazards or violations in and the general condition of premises near the premises sought to be inspected.
(H) 
Upon proper presentation of evidence by the Building Official, a search warrant may be issued by any Magistrate of a Court of Record having jurisdiction.
(I) 
Nothing in this section shall be construed to limit the authority of the Building Official to enter any premises pursuant to any valid court order.
(Ord. 89-20, 12-12-1989)