CHAPTER 93:  NUISANCES

§ 93.01 STAGNANT WATER PROHIBITED.

     It shall be unlawful for the owner of any lot or other real property in the city to allow or permit holes or places where water may accumulate and become stagnant to be or remain on such lot or premises or to allow or permit the accumulation of stagnant water thereon, or to permit the same to remain thereon.
('73 Code, § 18-69) (Ord. 60-22, passed 8-3-60; Am. Ord.60-34, passed 12-21-60) Penalty, see §93.99 

§ 93.02 ACCUMULATION OF CARRION, FILTH, AND THE  LIKE PROHIBITED.

     It shall be unlawful for any person who shall own or own or occupy any house, buildings, establishment, lot or yard, or other real property in the city to permit or allow any carrion, filth, or other impure or unwholesome matter to accumulate or remain thereon.
('73 Code, § 18-70) (Ord. 60-22, passed 8-3-60; Am. Ord.60-34, passed 12-21-60) Penalty, see §93.99 

§ 93.03 EXCESSIVE GROWTH OR ACCUMULATION OF WEEDS AND RUBBISH PROHIBITED; WILDLIFE HABITAT AREA EXEMPTED.

     (A)  Generally.   It shall be unlawful for any person, firm, or corporation who shall own or occupy any lot or other real property within the city to allow weeds, rubbish, brush, or other unsightly, objectionable, or insanitary matter to accumulate or grow on such lot or property.  Any person owning a parcel of property of one acre or more and whose property abuts a lot on which is maintained a single- or multi-family residence adjacent to which there is no dedicated street or alley can remedy or remove the condition by mowing of 150 feet in depth along that portion of the parcel that fronts upon the residential property line.

     (B)  Wildlife habitat area; exemption.  In addition, any person owning a parcel of one acre or more can request in writing to the City Commission that the parcel be designated a wildlife habitat area and thus will be exempt from the requirements of this section regarding the removal of weeds and brush.  The criteria and requirements are as follows:

(1)  Definitions.  For the purposes of this division, the following terms are hereby defined:

(a)  MANAGEMENT PLAN.   A detailed plan describing what steps the property owner will take to maintain the wildlife habitat area.

(b)  QUALIFIED WILDLIFE OR PLANT EXPERT. A person recognized by both the private parcel owner and the city as an expert on local wildlife or plant life.

(c)  WILDLIFE HABITAT AREA.   A parcel so designated by a majority vote of the City Commission.

(d) WILDLIFE HABITAT AREA SIGN.   An official on-site that will be used to designate an approved wildlife habitat area.  The design and wording of this official sign will be subject to a majority vote of the City Commission.

(2) Designation as a wildlife habitat area; criteria.

(a)  The parcel must be a minimum of one area in size.

(b)  The parcel must be clear of rubbish, junk, or litter.

(c)  Property taxes on the parcel must be current.

(3)  Procedures.

(a)  The applicant must submit a written request to the City Secretary's office.  This request must include a written statement from a qualified wildlife or plant expert detailing the reasons why the parcel should be designated as a wildlife habitat area and a detailed management plan addressing the maintenance of the habitat area.

(b)  The City Secretary shall schedule a City Commission hearing on the request and notify all property owners within 200 feet of the parcel.  The qualified wildlife or plant expert shall represent the applicant at this hearing.  The City Commission may designate the parcel as a wildlife habitat area by a majority vote.

(c)  If the parcel is so designated, the City Manager shall cause to be erected wildlife habitat area signs on the parcel.  A sign must face each public street.  All costs incurred during the construction and installation of the signage will be paid by the parcel owner.

(d)  Once designated as a wildlife habitat area, the Health Department shall periodically inspect the property to ensure compliance with the approved maintenance plan.  If noncompliance is found, the wildlife habitat designation can be removed by a majority vote of the City Commission, and the owner of the parcel shall thereafter comply with the requirements of this section by removing weeds and brush thereon.  Property owners may make a written request to the City Commission to remove the wildlife habitat area designation, and the removal of such designation shall be granted by the Elective Commission.

(e)  The owner of any wildlife habitat area must maintain the area clear of all rubbish, junk, and litter.
('73 Code, § 18-71) (Ord. 60-34, passed 12-21-60; Am. Ord.86-82, passed 11-5-86; Am. Ord. 90-45, passed 5-2-90; Am. Ord. 91-50, passed 10-15-91) Penalty, see §93.99 

§ 93.04 ABATEMENT REQUIRED; NOTICE.

     Whenever any condition described in this chapter is found to exist on any premises or real property within the city, the owner of such premises or real property shall be notified by the city, in writing, to correct, remedy, or remove the conditions within ten days after such notice and it shall be unlawful for any person to fail to comply with such notice.
('73 Code, § 18-72) (Ord. 60-22, passed 8-3-60; Am. Ord.60-34, passed 12-21-60) Penalty, see §93.99 

§ 93.05 SERVICE OF NOTICE.

     The notice provided for in this section shall be served personally on the owner to whom it is directed or shall be given by letter addressed to such owner at his last known post office address.  In the event personal service cannot be made and the owner's address is unknown, such notice shall be given by publication at least two times within  ten consecutive days in a newspaper of general circulation published within the city.
('73 Code, § 18-73) (Ord. 60-22, passed 8-3-60; Am. Ord.60-34, passed 12-21-60)

§ 93.06 CORRECTION OR REMOVAL OF CONDITIONS BY CITY.

     In the event the owner of any lot, premises, or real property upon which a condition described in this chapter exists fails to correct, remedy, or remove such condition within ten days after notice to do so is given in accord with this chapter, the city may do such work or make such improvements as are necessary to correct, remedy, or remove such conditions, or cause the same to be done, and pay therefor and charge the expenses incurred thereby to the owner of such lot.  Such expenses shall be assessed against the lot or real estate upon which the work was done or the improvements made.  The doing of such work by the city shall not relieve such person from prosecution for failure to comply with such notice in violation of § 93.04.
('73 Code, § 18-74) (Ord. 60-22, passed 8-3-60; Am. Ord.60-34, passed 12-21-60)

§ 93.07 FILING OF STATEMENT OF EXPENSES INCURRED.

     Whenever any work is done or improvements are made by the city under the provisions of § 93.06, the City Manager or City Health Officer, on behalf of the city, shall file a statement of the expenses incurred thereby with the County Clerk.  Such statement shall give the amount of such expenses and the date or dates on which the work was done or the improvements were made.
('73 Code, § 18-75) (Ord. 60-22, passed 8-3-60)

§ 93.08 COLLECTION OF EXPENSES; LIEN.

     After the statement provided for in § 93.07 is filed, the city shall have a privileged lien on the lot or real estate upon which the work was done or improvement made, to secure the expenses thereof.  Such lien shall be second only to tax liens and liens for street improvements, and in accord with  TEX. HEALTH & SAFETY CODE § § 342.001 through 342.001.  For any such expenditures and interest, suit may be instituted and recovery and foreclosure of the lien may be had in the name of the city and the statement of expenses made in accord with §  93.07, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements.
('73 Code, § 18-76) (Ord. 60-22, passed 8-3-60)

§ 93.99 PENALTY.

     Any person who shall violate any of the provisions of this chapter shall be guilty of an offense and upon conviction shall be fined as provided in § 10.99 of this code and each and every day's violation shall constitute a separate and distinct offense, in case the owner of occupant of any lot, lots, or premises under the provisions of this chapter shall be a corporation, and shall violate any provisions of this chapter, the president, vice-president secretary, treasurer of such corporation, or any manager agent, of employee of such corporation shall be also severally liable for the penalties herein provided.
('73 Code, § 18-77) (Ord. 60-22, passed 8-3-60)

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