§ 94.027 ACCUMULATIONS OF CARRION OR FILTH.

   It shall be unlawful for the owner of any lot, building, house, establishment or premises in the city to allow or permit any carrion, filth or other impure or unwholesome matter of any kind to accumulate or remain thereon, in accordance with Tex. Health and Safety Code, § 342.003.

(1998 Code, § 62-114) Penalty, see § 94.999

§ 94.028 ACCUMULATIONS OF WEEDS, RUBBISH OR OTHER OBJECTIONABLE MATTER.

   (A)   It shall be unlawful for the owner, lessee, renter or occupant of any lot or premises in the city to allow or permit weeds or tall grass (12 inches or higher), rubbish, brush or any other unsightly, objectionable or unsanitary matter of whatever nature to accumulate or remain on any lot or premises, in accordance with Tex. Health and Safety Code, § 342.004.

   (B)   The city may abate, without notice, weeds that have grown higher than 48 inches and are an immediate danger to health, life, or safety of any person in accordance with Tex. Health and Safety Code, § 342.008.

(1998 Code, § 62-115) (Ord. 99-56, passed 9-15-1999; Ord. 21-14, passed 6-16-2021) Penalty, see § 94.999

§ 94.029 NOTICE TO REMOVE CONDITION; SERVICE.

   Whenever any condition described in this subchapter is found to exist on any premises within the city, the owner of the premises shall be notified by the city in writing to correct, remedy or remove the condition within ten days after the notice, and it shall be unlawful for any person to fail to comply with the notice.

   (A)   The notice must be given:

      (1)   Personally to the owner in writing;

      (2)   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

      (3)   If 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.

   (B)   If a notice is mailed to a property owner in accordance with division (A)(2), 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)   In a notice provided under this section, representatives of 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 expense 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 the Tex. Health and Safety Code § 342.006(a)(1) and (2) and assess its expenses as provided by Tex. Health and Safety Code § 342.007.

(1998 Code, § 62-116) (Ord. 13-09, passed 4-3-2013)

Penalty, see § 94.999

Statutory reference:

   Notice to remove unsanitary, unsightly and the like conditions, see Tex. Health and Safety Code § 342.006

§ 94.030 ABATEMENT BY CITY AUTHORIZED; PAYMENT OF EXPENSES.

   (A)   If the owner of any lot or premises upon which a condition described in this subchapter exists fails to correct, remedy or remove the condition within ten days after notice to do is given in accord with this subchapter, the city may do work or make improvements as are necessary to be made, and pay therefore and charge the expenses incurred thereby to the owner of the lot or to the property’s city water bill or place a mechanic’s lien on said property. The expenses shall be assessed against the lot or real estate upon which the work was done or the improvements made. The doing of the work by the city shall not relieve the person from prosecution for failure to comply with the notice in violation of § 94.029(A) of this chapter.

   (B)   In addition to the actual expenses incurred for lot cleaning, clearing, abating of any nuisances, or for improvements made as are necessary to correct, remedy or remove such a condition, an additional charge of $50 shall be added to the amount assessed against the property, to reimburse the city for its administrative expenses associated with the preparation, filing and release of such lien.

(1998 Code, § 62-118) (Ord. 04-33, passed 7-21-2004; Ord. 10-16, passed 7-7-2010)

Statutory reference:

   Authority of city to correct or remove conditions described in this subchapter, see Tex. Health and Safety Code § 342.006(a)

§ 94.031 STATEMENT OF EXPENSES INCURRED BY CITY.

   Whenever any work is done or improvements are made by the city under the provisions of § 94.030 of this chapter, the Mayor, the Director of Community Development or a city employee under the Director’s direction, on behalf of the city, shall file a statement of the expenses incurred thereby with the County Clerk. The statement shall give the amount of the expenses and the date on which the work was done or the improvements were made, and the name of the owner, if known, and the legal description of the property.

(1998 Code, § 62-119) (Ord. 04-34, passed 7-21-2004)

Statutory reference:

   Similar provisions, see Tex. Health and Safety Code § 342.007(b)