(A) For the purpose of this section, a nuisance is defined as, but not limited to whatever is dangerous to human life or health, whatever renders the ground, water, air or food a hazard or injury to human life or health, or that is offensive to the senses that it is or tends to become detrimental to the public health. Nuisance includes an object, place or condition which constitutes a possible and probable medium of transmission of disease to or between human beings or object, place or condition which may be specifically declared by this section to be a nuisance.
(B) Any and all of the following conditions, acts, commissions, omissions or deeds by any person shall be and are hereby declared to be a nuisance.
(1) The act of allowing to exist any filth, refuse or manure which attracts insects, rodents, snakes or other vermin, or tends to attract insects, rodents, snakes or other vermin on the premises, in the possession or control by any person as agent, tenant or otherwise.
(2) The act of allowing to exist any full or overflowing privy, vault, cesspool or other receptacle for filth, night soil and human excrement upon any premises owned or controlled by any person.
(3) The act of allowing the contents of a cesspool to be pumped so as to flow over any premises for fertilizing or other purposes.
(4) The act of allowing any imperfect trap, sink or water closet or any other drainage appliance or fixture to exist in any house or building within the city from which there shall rise any foul or offensive gas or odor.
(5) The act of casting, draining, throwing or causing to be cast, drained or thrown or distributed in any public street or highway, gutter, alley or any public or private ground within the city any kitchen water, water from exhaust pipes, laundry water, water from service stations and garages, air conditioners or other wastewater, slop, swill or liquid filth.
(6) The keeping of any lot or piece of ground within the limits of the city on which there is located a pool or pond of unwholesome, impure, stagnant or offensive water.
(7) The allowing of paper, lumber, rocks or junk or other trash or debris to accumulate or remain on any piece of property in such manner as to create a harborage or breeding place for rats, vermin or insects, or in such a manner as to be offensive, injurious to public health or unpleasant and disagreeable in sight or odor to persons residing or occupying any adjacent premises or to persons who may be in a public place or public right-of-way.
(8) The failure of any owner, tenant or lessee to sweep or cause to be swept the sidewalks in front of his or her place of business, or the failure to place or cause to be placed all such paper, trash or debris therefrom in an approved trash receptacle which shall be placed in such place as set out in Ch. 50 of this Code regulating garbage in the city.
(9) To place, permit or abandon an icebox, refrigerator, deepfreeze or other airtight container, or container which might trap a child therein without all the locks of all doors having been removed therefrom, outside of a building or other structure or upon any publicly or privately owned premises.
(10) Any condition or place allowed to exist which constitutes a breeding place for flies, mosquitoes, bees and other offensive insects.
(11) All sewage, human excreta, wastewater, garbage or other organic waste deposited, stored, discharged or exposed in such a way as to be a potential instrument or medium in the transmission of disease to or between any person or persons.
(12) Any collection of water in which mosquitoes are breeding within the limits of the city.
(13) Any place or condition harboring rats in the city.
(14) A tree, shrub or other similar plant of any description which creates a hazard or risk of damage or destruction to persons or property, contrary to the public health, safety or welfare or in violation of the codes and ordinances of the city.
(C) It shall be unlawful for any person, whether owner, agent, occupant or any other person having supervision or control, of any lot, tract or parcel of land, or a portion thereof, occupied or unoccupied, within the city to allow, suffer or permit a nuisance as defined herein to exist.
(D) If any person violates or fails or refuses to comply with this section within ten days after notice in writing; or by letter addressed to the person at his or her post office address; or by publication in the official publication of the city, if personal service may not be had as aforesaid, or the persons address is not known, the city may enter upon the premises and do or cause to be done such work as it is necessary to abate or remove the nuisance and the expense incurred, including the cost of publishing the notice shall be paid by the city and charged to the owner of the property.
(E) The city may pay for the work and cause the expense to be assessed against the real estate thereof upon which the nuisance is maintained or permitted. A bill for the actual cost incurred by the city resulting from the abatement and for a reasonable administrative fee shall be mailed to the owner of the premises and must be satisfied within 30 days of the date of mailing of the bill.
(F) In the event that the bill has not been satisfied within the specified period, the Mayor may file a statement with the County Clerk of the expenses incurred in the abatement of the described condition on the premises. The city shall have a privileged lien on any lot or lots upon which the expense is incurred, second only to tax liens and liens for street improvements plus 10% per annum interest on the amount from the date of the payment. For any such expenditure and interest, suit may be instituted and foreclosure had in the name of the city, and the statement so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended in any such work. The provisions of this section are cumulative and in addition to the penalties provided herein for the violation of this section.
(‘78 Code, § 9-22) (Ord. 122, passed 8-1-59; Ord. 843, passed 8-28-89; Ord. OR-2060-17, passed 9-7-17) Penalty, see § 92.99
Cross reference:
Garbage and recycling, see Ch. 50
Sewer and water service, see Ch. 51
Statutory reference:
Accumulations; nuisance, see Tex. Health & Safety Code § 341.013