§ 7-3. Accumulations of unsanitary, unsightly conditions, junk and debris or tall weeds and grass.
(a)
Conditions prohibited. No person owning, leasing, occupying or having control of any private premises within the city limits whether improved or unimproved, vacant or occupied, shall allow an accumulation on such premises of junk and debris, rubbish, trash, stagnant water, filth, carrion or other unwholesome matter of any kind; or allow grass, weeds, or brush of any description to grow or flourish to a height of greater than 12 inches above the surface of the ground within 100 feet of a dwelling, building, public street, right-of-way, alley or any property line; or in the right-of-way adjacent to the private premises between the property line and curb line or paved portion of a street up to a distance of 30 feet from the property line; or allow trees, shrubs or any vegetation to obscure visibility of vehicles within 25 feet of a street intersection (the clear visibility zone is between 24 inches and seven feet above the ground level).
(b)
Exception. For vacant or undeveloped land that is greater than one acre in size the grass, weeds, or brush of any description shall be required to be maintained at a height not to exceed 12 inches along the perimeter of the property for a minimum width of 50 feet from any property line.
For the purposes of this section, "control" shall mean having the right to possession or use of the property, jointly or severally, whether said property is actually occupied or not. It shall be the duty of each person owning, leasing, occupying or having control of any private premises within the city to inspect it together with those adjacent areas described herein at least every 30 days and to abate an accumulation of rubbish, trash, stagnant water, filth, carrion or other unwholesome material of any kind, and to maintain all grass, weeds or brush to a height of less than 12 inches above the surface of the ground as prescribed above.
(c)
Nuisance defined. For the purposes of this section, the term "nuisance" is defined to mean any condition or use of premises or of building exteriors which is detrimental to the health, safety, welfare, or property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises are located.
The keeping, scattering, or storage outside of an enclosed structure or screened enclosure of furniture other than furniture designed for outside use; appliances and household items; motor vehicle parts, products of a commercial trade or business enterprise (whether such items are so used or not); items of salvage such as scraps, metal, rags, papers, bottles, cans and similar items; lumber and building materials not currently being used or held for immediate use upon the premises; and building, pavement or rubble from other sources not covered with soil and graded to drain are expressly declared to be nuisances.
(d)
Penalty for violations. The director of municipal development and/or any code enforcement official of the City of Terrell shall have the authority to issue citations for failure to comply with the terms of this subsection. Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than $100.00 nor more than $500.00. Each day of violation can constitute a separate violation.
Notice to owner to remedy or remove condition.
(1)
Whenever any condition described in this section is found to exist on any premises within the city, the director of municipal development, or his duly authorized agent shall notify the owner of such premises, in writing, to correct, remedy or remove the condition within ten consecutive days after such notice. It shall be unlawful for any person, firm or corporation to fail to comply with such notice or fail to comply with the requirements as set forth in subsection 7-3(a) and (b) above.
(2)
The notice provided for above shall be served personally on the owner to whom it is directed or any occupant of the premises either in person, by United States Postal Service (when the city mails a notice in accordance with this section to the responsible party of the affected property and the notice is returned by the U.S. Postal Service as "refused" or "unclaimed" the validity of the notice is not affected, and the notice is considered delivered) or by notice posted on the front door or as close to the front door as practicable. In the event notice cannot be given as provided herein, such notice shall be given by publication in a newspaper of general circulation within the city not less than ten consecutive days prior to any enforcement action is taken by the city.
(3)
The notice provided for herein shall fully state the particulars of any violation of this section, contain a description of the property where such violation exists sufficient to identify the same or locate the same, require such party or parties to desist from further violation, and direct compliance with the provisions of this section within ten consecutive days from the date of service of such notice, publication of such notice, or the mailing of such letter as provided in subsection (2) above. It shall be the property owner's responsibility to inform all tenants, lessees, or other persons having use of the property of their responsibilities regarding keeping the property free of nuisances and maintained as stated herein.
(e)
Public hearing to be held if requested by the owner. The owner or occupant of the premises for which notice is given pursuant to subsection (d) above shall have the right to request a hearing to determine whether there is compliance with this section within ten consecutive days of such notice. The city manager or his designated hearing official shall preside at the hearing. If it is determined that a violation exists, immediate compliance shall be ordered.
(f)
Correction or removal of conditions by city. In the event the owner of any lot or premises for which notice is given in accordance with the provisions of this section fails for any reason to comply therewith within ten consecutive days after notice is given, the city may, at its own discretion, enter said property for the purpose of doing such work or making such improvements as are necessary to correct, remedy or remove the condition which is the subject of the notice, or cause the same to be done, and at the expense of the city for the account of the owner(s) of the property, and charge the expense incurred together with an administrative fee of $200.00, or the cost of giving notice, if greater, to the owner of such lot. Such expenses shall constitute a privileged lien against the property or real estate upon which the work was done or the improvements made. The doing of such work by the city shall not relieve the owner from prosecution for failure to comply with such notice in violation of subsection (d) above.
(g)
Filing statement of expenses incurred for actions of city. Whenever the city shall have performed work under the provisions of subsection (f) above and paid all necessary expenses in connection therewith, it shall be the duty of the city manager, the director of municipal development, and/or their duly authorized agent(s) to prepare and deliver or mail to the owner an itemized statement in the form of any affidavit, duly sworn to, of all such work performed and all costs and expenses incurred and paid by the city in connection therewith. This affidavit may, at the sole discretion of the city manager, the director of municipal development, and/or their duly authorized agent(s) cover work, cost and expenses incurred over an extended period of months but, in no event cover a period in excess of one year. Such affidavit, among other things and provisions, shall contain the following:
(1)
Name of the owner(s) of the premises and the owner(s) post office address, if known, and, if unknown, reciting that fact.
(2)
Description of the property, with description by lot and block number within a subdivision being sufficient.
(3)
Statement of the violation(s) of this section for which the expenses were incurred.
(4)
Date notice was given, sent, or published to the owner(s) and reciting the owner(s) failure to comply.
(5)
Itemized statement for work done and performed and the cost thereof.
(6)
Dates of which payment(s) were made by the city, to whom payment(s) were made, and in case the work was done by the city, the date the reasonable charge(s) for service were incurred.
(h)
Collection of and lien for expenses for actions of city. Upon delivery or mailing of the statement and affidavit provided for in subsection (g) above, the city shall be entitled to the payment of the aggregate amount so expended, or reasonable charges for city work, or costs paid, as therein set forth, plus an administrative fee of $200.00 or the actual cost of giving notice, if greater. Should the owner fail or refuse to pay the amount due within thirty (30) consecutive days thereafter, a statement containing the information as set out in subsection (g) above shall be signed by the city manager and filed with the County Clerk of Kaufman County, Texas. Such statement, when filed, shall constitute a lien upon the property on which the expense was incurred, second only to tax liens and liens for street improvements, and the amount remaining unpaid shall accrue interest at the rate of ten percent per annum from the date of expenditure by the city in accordance with the provisions of Article 4436 V.T.C.S.
For such expenditures and interest, the city may institute suit for foreclosure of said lien with a statement of expenses or a certified copy thereof being prima facie proof of the amount expended in such work and the reasonableness of the charges.
(Ord. No. 1302, 4-12-83; Ord. No. 1539, 6-21-88; Ord. No. 1563, 2-7-89; Ord. No. 1539, 6-21-89; Ord. No. 1723, 12-7-93; Ord. No. 1877, Art. I, 8-5-97; Ord. No. 2148, § 1, 1-7-03; Ord. No. 2423, Art. I, 9-1-09)