(A) Prohibited acts of conditions which constitute a nuisance. The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions are hereby declared to be and constitute a nuisance and are therefor prohibited and unlawful; provided, however, this list shall not be deemed or construed to be conclusive, limiting or restrictive:
(1) Noxious weeds and other rank vegetation;
(2) Accumulation of rubbish, trash, refuse, junk and other abandoned materials, metals, lumber, stagnant water or of any object or matter that may cause injury, death or disease to human beings;
(3) Any condition that provides harborage for rats, mice, snakes and other vermin;
(4) Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a heightened fire hazard in the vicinity where it is located;
(5) All excessive or unauthorized noises and annoying vibrations, including animal noise;
(6) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches including dense smoke, noxious fumes, gas, soot or cinders, in unreasonable quantities;
(7) The carcasses of animals or fowl not disposed of within 24 hours after death;
(8) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, industrial wastes or other substances;
(9) Any building, structure or other place or location where any activity which is in violation of local, state or federal law is conducted, performed or maintained;
(10) All appliances intended for indoor use, working or non-working, used, stored, abandoned or junked anywhere in the public view;
(11) Dead, diseased or insect-harboring trees when such trees constitute a hazard to life or property;
(12) Fences in a deteriorated condition or subject to falling down due to lack of maintenance or damage or that are repaired with materials that are not comparable to the original;
(13) Graffiti that is visible from public view or any private property other than that on which the same exists;
(14) Excessive accumulation of items intended for use outdoors that are not screened from the public view;
(15) Items on a porch, in a yard, under a carport or within any area visible from the public view that are not intended for use outdoors or are not made of material that is resistant to damage or deterioration from exposure to outdoors;
(16) Furniture intended for indoor use that is used, stored, abandoned or junked outside, including on a porch, in a yard or under a carport;
(17) Human waste or wastewater that is deposited, stored, discharged or exposed in such a way as to be a potential instrument or medium in disease transmission;
(18) Violations of Tex. Transportation Code Ch. 683, regarding junked vehicles, and as amended;
(19) Grasses, weeds or brush at a height greater than 12 inches on any lot, tract or parcel of land, including the adjacent parkway and alleys, unless excepted by division (B) below;
(20) Vehicles in the yard of any residence excluding improved parking surfaces, or areas screened from the public view by an opaque fence; and
(21) Violations of Tex. Health and Safety Code Ch. 365, regarding illegal dumping, and as amended.
(B) Exceptions. Any provision in this chapter related to grasses, weeds or brush shall not apply to the following areas:
(1) Certain portions of improved and unimproved creeks; drainage channels; detention and retention ponds; borrow ditches; and any other conveyances subject to water drainage that are maintained by the city;
(2) The portion of any lot, tract or parcel of land greater than five acres, which is more than 50 feet from the curb of any street, the edge of pavement or any traveled portion of a street or roadway; and
(3) Cultivated low-water use landscaping.
(Ord. 20130917B, passed 9-17-2013) Penalty, see § 90.99