Sec. 6.701 Unwholesome Conditions Specified; Unlawful to Maintain
It shall be unlawful for the owner, lessee, or occupant of any land, tract, or lot or any portion thereof regardless of size within the corporate limits of the city, to fail to maintain said property free of weeds, grass and undergrowth over six (6) inches tall, or to fail to maintain said property free from household trash, garbage, used building materials and supplies, used and/or discarded household fixtures or appliances, toxic materials, stagnant water, dead animals, brush piles, debris, rubbish, materials which may constitute a fire hazard, and any other matter or materials which may be detrimental to the health, safety and welfare of the citizens of the city.
Sec. 6.702 Abatement of Unwholesome Conditions; Notice
(a) In the event that the owner of any lot, tract, parcel of land, or a portion thereof, situated within the corporate limits of the City of Oak Leaf shall fail to comply with Section 6.701 of this article, then the city shall give notice to such person setting forth the noncompliance with this article. Such notice shall be in writing and may be served upon such person in any one or more of the following ways:
(1) Personally given to the owner; or
(2) Addressed to the owner by letter to the owner’s post office address; or,
(3) If personal service cannot be obtained or if the owner’s post office address, may be given by publication at least twice within ten (10) consecutive days in the city’s official newspaper or by posting the notice on or near the front door of each building on the property to which the violation relates or 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) In the notice herein provided for, the city shall have the right to inform the property owner that if he or she commits another violation of the same kind or nature on or before the first anniversary of the date of the notice, the city may, without further notice, correct the violation at the owner’s expense and assess the expense against the property.
Sec. 6.703 Abatement Expenses; Property Assessments; Lien
After the proper giving of notice as hereinabove mentioned, the City of Oak Leaf may cause any of the work or improvements mentioned or required in Section 6.702 hereof to be done initially at the expense of the city, on the account of the owner, lessee or occupant of the property on which such work or improvements are done, and cause all of the actual cost to the city to be assessed on the real estate or lot on account of which such expense is incurred. The city manager shall file a statement of expenses incurred under this section giving the amount of such expenses, the date on which such work was done and a description of the premises upon which such work was done or improvements made with the county clerk of Ellis County. The city shall have a privileged lien on such lot or real estate upon which such work was done or improvements made to secure the expenditures so made, in accordance with the provisions of Article 4436, Revised Civil Statutes, which lien shall be second only to tax liens and liens for street improvements, and such amount shall bear ten (10) percent interest from the date the statement was filed. For any such expenditures and interest, as aforesaid, suit may be instituted and recovery and foreclosure of such lien may be had in the name of the city, and the statement of expenses so made, as aforesaid, or a certified copy thereof shall be prima facie proof of the amount expended for such work or improvements.
Sec. 6.704 Dangerous Weeds
Should the violation consist of weeds in excess of forty-eight (48) inches in height which are deemed by the city to be an immediate danger to the health, life or safety of any person, the city may immediately abate said nuisance with no notice to the property owner.
Sec. 6.705 Penalty
Any person who violates the provisions of Section 6.704 of this article shall be deemed guilty of a misdemeanor; and upon conviction shall be fined as provided for in Section 1.106 of this code for each day that a violation exists, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Furthermore, any person who obstructs or attempts to obstruct the City of Oak Leaf, any of its employees or authorized agents from enforcing the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined as provided for in Section 1.106 of this Code of Ordinances.
(Ordinance adopting Code)
