Nuisance, Weed and Brush Control Procedure:

Lot, as used in this article, means any unit of real estate, or part thereof, identified as a lot in the eastern and western divisions of the city and any unit of real estate identified as a lot in a subdivision plat filed of record in Webb County Records.
Premises means any unit of real estate in single ownership other than a lot as that term is defined herein.
Property means real property which is either a lot or premises.
Sidewalk, as used in this article, means that portion of the street between the curblines or lateral lines of the street or roadway and the adjacent property lines which is intended for the use of pedestrians.
(Ord. No. 2005-O-114, § 1, 5-16-05)

It shall be the responsibility of the owner or lessee of any lot or premises within the city to maintain such lot or premises and the sidewalk or sidewalks in front of or abutting his or her or its property in accordance with the provisions of this article.
(Ord. No. 2005-O-114, § 1, 5-16-05)

The owner or lessee of a lot or premises in the city is required to keep the lot or premises free from weeds, rubbish, brush, and other objectionable, unsightly or unsanitary matter.
(Ord. No. 2005-O-114, § 1, 5-16-05)

It shall be unlawful for any owner or lessee of any lot or premises within the city limits to allow weeds to grow upon the lot or premises or on the abutting sidewalk or sidewalks or to allow trash or rubbish to accumulate upon such lot or premises, or on the abutting sidewalk or sidewalks, to such an extent as is reasonably calculated to create a fire hazard or to become injurious to the health of others, and, in addition to the penalties provided herein, and the remedies provided herein, either conditionis hereby deemed to constitute a public nuisance.
(Ord. No. 2005-O-114, § 1, 5-16-05)

An owner or lessee of premises who violates the provisions of section 15-40 may be prosecuted in municipal court, and each such violation shall be punishable by a fine not exceeding two thousand dollars ($2,000.00).
(Ord. No. 2005-O-114, § 1, 5-16-05)

(a) Whenever weeds are allowed to grow in excess of twelve (12) inches, or trash or rubbish allowed to accumulate upon any property or sidewalks within the city as prohibited by this article, any code enforcement officer of the code enforcement division of the department of community development shall serve a written notice of violation to the owner or lessee of the lot or premises and/or sidewalk upon which lot or premises and/or sidewalk such nuisance exists.

(b) The notice of violation shall state:

1. That the owner or lessee of the lot or premises or [the person] in charge of the lot or other premises next to or abutting the sidewalk(s) is in violation of his, her or its duty to keep the lot or premises, or abutting sidewalk, free from weeds, rubbish, brush, and any other objectionable, unsightly or unsanitary matter;
2. The nature and location of the violation;
3. A statement that if the property or sidewalk(s) is not brought into compliance with this article within seven (7) days of notice of the violation, then the city may do the work or make the improvements required and may assess for the work done or improvements made and charge the expenses to the owner of the property, subject to subsection (4), infra.
4. The recipient of the notice of violation may request a hearing in writing to the director of the department of community development within seven (7) days of notice of the violation.
5. If a hearing is requested, the hearing will be before the hearing officer who is appointed under section 14-27(3) of the Code of Ordinances ["the article IV hearing officer"] and the hearing shall be held within ten (10) days after the request for hearing. The hearing officer may hear evidence from the owner, city staff or any other interested person and shall make a determination whether the violation constitutes a public nuisance and, if he so finds, shall issue an order to abate the nuisance and the timewithin which the nuisance must be abated. An order to abate shall be mailed in the same manner as the notice of violation and shall state that if the property or sidewalk(s) is not cleared of or made free from the weeds and/or accumulations within ten (10) days from the date the order is mailed, the city may proceed under the provisions of section 15-45 to clean the premises and assess the costs as a lien.
   (Ord. No. 2005-O-114, § 1, 5-16-05)

(a) The notice of violation and/or the notice to abate must be served:

1. Personally to the owner or tenant in writing;
2. By certified letter addressed to the owner at the owner's address as recorded in the city's tax records; or
3. If personal service cannot be obtained, then

   a. By posting the notice on or near the front door of each building on the property to which the violation relates; or

   b. By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings.

(b) If the notice is mailed to a property owner in accordance with subsection (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 having been delivered.
(Ord. No. 2005-O-114, § 1, 5-16-05)

(a) The city may abate, without notice, weeds that:

1. Have grown higher than forty-eight (48) inches; and
2. Are in immediate danger to the health, life or safety of any person.

(b) Not later than the tenth day after the date the city abates weeds under this section, the city shall give notice to the property owner in the manner specified in section 15-42.

(c) The notice shall contain:

1. An identification, which is not required to be a legal description, of the property;
2. A description of the violation or violations of this article that occurred on the property;
3. A statement that the city abated the weeds; and
4. An explanation of the property owner's right to request an administrative hearing about the city's abatement of the weeds.

(d) The city shall conduct an administrative hearing on the abatement of the weeds under this section, if, not later than the thirtieth day after the date of the abatement of the weeds, the property owner files with the city a written request for a hearing.

(e) The hearing shall be conducted not later than the twentieth day after the date a request for hearing is filed. The owner may testify or present any witnesses or written information relating to the city's abatement of the weeds.

(f) The city may assess expenses and create liens under this section as it assesses expenses and creates liens under sections 15-45, 15-46 and 15-47. (Ord. No. 2005-O-114, § 1, 5-16-05)

In the event the owner of any lot or premises upon which a condition described in this article exists fails to correct, remedy or remove such condition within seven (7) days as per notice of violation given pursuant to subsection 15-42(b)(3), or within ten (10) days as per notice to abate given pursuant to subsection 15-42(b)(5) 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 therefore and charge the expenses incurred thereby to the owner of such lot. Such expenses shall be assessed against the lot or premises upon which the work was done or the improvements made. The doing or causing of such work by the city shall not relieve such person from prosecution in municipal court for his, her or its failure to comply with section 15-40.
(Ord. No. 2005-O-114, § 1, 5-16-05)

Whenever any work is done or improvements are made by the city under the provisions of this article, the city tax assessor-collector, on behalf of the city, shall file a statement of the expenses incurred thereby with the county clerk, the lien statement shall state the name of the owner, if known, the legal description of the property, the amount of such expenses, and the date or dates on which the work was done or the improvements were made.
(Ord. No. 2005-O-114, § 1, 5-16-05)

Illegal Dumping

It shall be unlawful for any person to throw or deposit any glass, broken ware, dirt, rubbish, garbage, yard waste, heavy brush, or litter upon any public way or property or private premise within the city limits.
(Ord. No. 98-263, § 1, 10-5-98; Ord. No. 2004-O-074, § 1, 4-5-04)

Junked Vehicle Procedure:

This article may be cited as the "Junked Vehicle Ordinance."
(Ord. No. 98-263, § 1, 10-5-98)

As used in this article:

• Enforcement officer means any code enforcement officer of the code enforcement division of the department of community development. Such officer's authority includes, but is not limited to, the right of entry upon premises to inspect for junked vehicles, authority to inspect premises and personally to determine if such contains or junked vehicle, the authority to sign criminal complaints for violations of this article and to issue notices under the abatement procedures of this article, and otherwise enforce its provisions.
• Junked vehicle means a vehicle that is self-propelled and
  1. does not have lawfully attached to it

     a. An unexpired license plate; or

     b. A valid motor vehicle inspection certificate; and

  2. is:

     a. Wrecked, dismantled or partially dismantled, or discarded; or

     b. Inoperable and has remained inoperable for more than

     1. Seventy-two (72) consecutive hours, if the vehicle is on public property; or
     2. Thirty (30) consecutive days, if the vehicle is on private property.

  3. Antique vehicle means a passenger car or truck that is at least thirty-five (35) years old.
  4. Special-interest vehicle means a motor vehicle of any age that [has] not been changed from its original manufacturer's specifications, and because of its historic interest, is being preserved by a hobbyist.
  5. Motor vehicle collector means a person who owns one (1) or more antique or special-interest vehicles and acquires, collects or disposes of an antique or special-interest vehicle or part of an antique or special interest-vehicle for historic interest.

(Ord. No. 98-263, § 1, 10-5-98; Ord. No. 2005-O-115, § 1, 5-16-05)

This article deals only with junked vehicles under V.T.C.A., Transportation code, chapter 683, subchapter E, and does not pertain to abandoned motor vehicles under V.T.C.A., Transportation Code, chapter 683, subchapter B.
(Ord. No. 98-263, § 1, 10-5-98; Ord. No. 2005-O-115, § 1, 5-16-05)

A junked vehicle, including a part of a junked vehicle, that is visible at any time of the year from a public place or public right-of-way:

1. Is detrimental to the safety and welfare of the public;
2. Tends to reduce the value of private property;
3. Invites vandalism;
4. Creates a fire hazard;
5. Is an attractive nuisance creating a hazard to the health and safety of minors;
6. Produces urban blight adverse to the maintenance and continuing development of the city; and
7. Is a public nuisance.

(Ord. No. 98-263, § 1, 10-5-98; Ord. No. 2005-O-115, § 1, 5-16-05)

• (a) A person commits an offense if that person maintains a public nuisance described in section 14-24.
• (b) An offense under this section is a misdemeanor punishable by a fine not to exceed two hundred dollars ($200.00).
• (c) The municipal court shall order abatement and removal of the nuisance on conviction.
  (Ord. No. 2005-O-115, § 1, 5-16-05)
  Sec. 14-26. Procedures for abating nuisance: notice.

  (a) The procedures for the abatement and removal from private or public property or a public right-of-way of a junked vehicle or part of a junked vehicle as a public nuisance shall be administered by the code enforcement officers of the code enforcement division of the department of community development.

  (b) The said code enforcement officers may enter private property to examine the public nuisance, to obtain information to identify the nuisance, and to remove or direct the removal of the nuisance.

  (c) The enforcement officials shall follow the following procedures for the abatement and removal of a junked vehicle or a part of a junked vehicle, which is a public nuisance, from private property, public property, or public rights-of-way:

  1. Whenever an enforcement officer determines that a junked vehicle is being maintained in violation of this article, he shall post in a conspicuous place upon the subject junked vehicle or part of a junked vehicle a notice of violation being a green sticker notice of the nature of the nuisance stating that the vehicle or part of a vehicle has been determined to be a public nuisance and that it must be abated and removed within ten (10) days after the posting of such notice of the nature of the nuisance and that a request for a hearing must be made before the ten-day period expires.
  2. In addition to the green sticker notice in [subsection] (1), above, the notice must be personally delivered or sent by certified mail with a five-day return requested to:

     a. The last known registered owner of the nuisance;

     b. Each lienholder of record of the nuisance; and

     c. The owner or occupant of the property on which the nuisance is located or if the nuisance is located on a public right-of-way, the property adjacent to the right-of-way.

     The notice must state that:

     a. The nuisance must be abated and removed not later than the tenth day after the date on which the notice was personally delivered or mailed; and

     b. Any request for a hearing must be made before the ten-day period expires.

     If the notice 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.

     If the post office address of the last known registered owner of the nuisance is unknown, notice may be placed on the junked vehicle, or if the owner is located, personally delivered.

  (Ord. No. 98-263, § 1, 10-5-98; Ord. No. 2005-O-115, § 1, 5-16-05)
  Sec. 14-27. Procedures for abating nuisance; hearing.
  • (1) If a timely request for hearing is made by a person for whom notice is required under section 14-26, the hearing shall be held not earlier than the eleventh day after the date of service of the notice.
  • (2) At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.
  • (3) The hearing shall be conducted by a hearing officer called the article IV hearing officer, who shall be appointed by the mayor and who shall serve for a term of not mare than two (2) years.
  • (4) The hearing officer may hear evidence relating to the junked vehicle or part of a vehicle in question from any of the persons entitled to notice under this article, from an enforcement officer of the care of premises office and from other interested persons. The hearing officer shall make a determination whether there is a public nuisance as defined in this article, and if he or she so finds, shall issue an order to abate the public nuisance. Any order of the hearing officer requiring the removal of a junked vehicle or part thereof shall include a description of the vehicle (year, make and model) and the correct identification number and license number of the vehicle if such information is available. The order of removal shall specify that the vehicle shall be removed not less than ten (10) days from the date of the hearing or, if the notice is returned undelivered, not less than ten (10) days after the date of the return.
  • (5) The hearing officer shall make a written determination, and if his determination includes an order for removal, the order must include, if it is available, the vehicle's description, vehicle identification number and license plate number, and the hearing officer shall cause such determination to be mailed in like manner and to each person entitled to notice as provided in section 14-26, and the latest date by which the nuisance shall be removed.
  • (6) Upon the determination and order of the article IV hearing officer or of the municipal court judge, if the matter is prosecuted in municipal court under section 14-25, above, if the nuisance is not abated and removed within the period provided for herein, the removal and disposal shall be accomplished by the director of the department of community development, and his designees.
  
  (Ord. No. 2005-O-115, § 1, 5-16-05)
  Sec. 14-28. Junked vehicle disposal.
  • (a) A junked vehicle, including a part of a junked vehicle, may be removed to a scrap yard, a motor vehicle demolisher, or a suitable site operated by the city or other governmental agency, or to a commercial scrap yard, demolisher, or other suitable site as necessary to accomplish the purposes of this article, provided that such disposal shall be for scrap or salvage only.
  • (b) The procedures and provisions of sections 14-26 and 14-27 are cumulative of the remedies otherwise available for the violation of section 14-25, and nothing herein is intended to prohibit the prosecution of any such violation as a misdemeanor offense under section 14-25.
  
  (Ord. No. 2005-O-115, § 1, 5-16-05)
  Sec. 14-29. Exceptions.
  • (a) The provisions of this article shall not apply to a vehicle or vehicle part that:
    • (1) Is completely enclosed within a building in a lawful manner and is not visible from the street or other public or private property; or
    • (2) Is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or that is an antique or special-interest vehicle stored by a motor vehicle collector on the collector's property, if the vehicle or par[t] and the outdoor storage area, if any, are (i) maintained in an orderly manner; (ii) not a health hazard; and (iii) screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery.
  • (b) An exception coming within this section must be raised as an affirmative defense by the person or entity asserting any such.
  
  (Ord. No. 98-263, § 1, 10-5-98; Ord. No. 2005-O-115, § 1, 5-16-05)

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