Sec. 14-61. - Declaration of public nuisances; areas required to be kept clear; duty of property owners; time period to abate.

(a)

As provided by V.T.C.A. Health and Safety Code, ch. 342, V.T.C.A. Local Government Code, chs. 51 and 54, and the home-rule powers of the city, the following conditions are found to be a threat to the public health, safety, and/or welfare and are declared a public nuisance; the prompt abatement of which is a public necessity:

(1)

Wherever a lot or parcel contains weeds and/or brush over twelve (12) inches in height within one hundred fifty (150) feet of the curb line of adjacent streets and where no curb exists, to the edge of the street or road surface, or within one hundred fifty (150) feet of a property line belonging to another.

(2)

All lots and parcels of land within the city shall be kept completely free and clear of garbage, trash, debris, rubbish, waste, wood and metal scrap, inoperative or abandoned appliances and furniture. Weed and grass cuttings, however, need not be removed unless they will be of such quantity as to be a hazard to pedestrians and notice is issued by the director of development services ("director") or designee to the property owner, tenant or occupant.

(3)

Bamboo growth that crosses the property line of another.

(4)

If a tract of land is smaller than three (3) acres, the entire tract shall be kept free of weeds and brush over twelve (12) inches in height.

(b)

It is the duty and responsibility of the owner of a lot or parcel of land within the city to keep and maintain said lot or parcel of land free of public nuisances.

(c)

The owner of the lot or parcel must abate any public nuisance within seven (7) calendar days after the date the notice is mailed.

(Ord. No. 2010-11-04-0955, § 1(Att. I), 11-4-10; Ord. No. 2011-09-29-0788, § 2, 9-29-11)

Sec. 14-62. - Issuance, service of notice.

(a)

Whenever the director of development services receives information of the existence of any lot or parcel that contains a public nuisance as defined by this Code, the director of development services or sanitarian shall cause written notice to be issued to the owner of the lot or parcel of the violation provided that notice shall not be required prior to abatement of violations described in section 14-65

(b)

Unless specified otherwise, notice shall be provided in one (1) of the following forms:

(1)

Personally in writing.

(2)

By letter mailed to the owner's address as recorded in the Bexar County Appraisal District records and by posting the notice on a placard attached to a stake driven into the ground on the lot or parcel to which the violation relates.

(3)

If service cannot be obtained by the above, then notice shall be given by one (1) of the following:

a.

By publication at least once.

b.

By posting the notice on or near the front door of each building on the lot or parcel to which the violation relates.

c.

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

(c)

When the known owner is a corporation, notice shall be served or addressed for delivery to the president, vice-president, or registered agent of the corporation. When the corporation shall fail to appoint or maintain a registered agent, or when ever its officers or registered agent cannot with reasonable diligence be found at the registered office, duplicate copies of the notice may be served on the secretary of state by sending said duplicate copies by certified mail, return receipt requested.

(d)

Unless specified otherwise, notice under this article shall contain all of the following items:

(1)

An identification, which is not required to be a legal description, of the lot or parcel.

(2)

A description of the Code violations that occurred on the lot or parcel.

(3)

The time period, as provided in this article, in which the owner must abate the nuisance.

(4)

A statement noting that upon failure of the owner to abate the situation within such time period, the city may cause the correction and abatement work to be done on its own and charge the owner for the expense involved as set out in this article, and upon failure of the owner to pay the city for such expense, the city may fix a lien on the lot or parcel for the expense involved.

(d)

The city may also inform the owner 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 notice, the city, without further notice, may correct the violation at the owner's expense and assess the expense against the lot or parcel.

(Ord. No. 2010-11-04-0955, § 1(Att. I), 11-4-10; Ord. No. 2011-09-29-0788, § 2, 9-29-11)

Sec. 14-63. - Unlawful noncompliance; fines.

(a)

It shall be unlawful for the owner of any land within the city to knowingly, recklessly, or with criminal negligence fail to have any weeds, brush, or rubbish mowed, cut, removed, or otherwise bring property into compliance with the standards set forth in section 14-61

(b)

Upon conviction for violation hereof, the owner shall be fined an amount no less than one hundred dollars ($100.00) and not more than two thousand dollars ($2,000.00) provided, however, in the event a defendant has once previously been convicted under this article, the defendant shall be fined an amount no less than two hundred dollars ($200.00) and shall be fined no less than three hundred dollars ($300.00) for a third conviction and for each conviction thereafter. Each day a violation is permitted to exist shall constitute a separate offense.

(c)

Prosecution for offenses under this section shall not affect the right of the city to abate the nuisance in a manner provided by this article, nor shall abatement by the city be a bar to prosecution for the offenses.

(Ord. No. 2010-11-04-0955, § 1(Att. I), 11-4-10)

Sec. 14-64. - Abatement by city; payment of costs by owner; imposure of lien for nonpayment; removal of trees for access; alleyway clearance.

(a)

If the owner fails to comply with the terms of this article within seven (7) days of notice of a violation, the city may cause the work necessary to abate the violation to be done at the owner's expense.

(b)

Whenever the city shall abate a violation as provided by this article, the director of development services may select a private contractor to cut the vegetation and/or clean the land to bring the lot or parcel into compliance.

(c)

Unless otherwise provided for in this article, administrative staff may conduct a review of the abatement procedures to ensure compliance with this article.

(d)

The city shall assess costs to the owner for all work done or improvements made as is needed to bring any lot or parcel into compliance with this article, including an administrative cost of one hundred eighty dollars ($180.00) and cause the expense hereof to be assessed on the real estate, lot or lots upon which such expense is incurred.

(e)

A statement of the costs incurred by the city shall be mailed to the owner in a manner provided for in this article. The statement shall demand payment within thirty (30) days from the date of mailing. Said statement shall serve as notice of completed abatement under this section.

(f)

If such statement has not been paid within such period, the city may file a statement of expenses incurred with the Bexar County Clerk stating the owner's name, if known, and the legal description of the lot or parcel. The statement of expenses or a certified copy of the statement shall be prima facie proof of the expenses incurred. Such statement shall be and the city shall have a privileged lien for expenditures made and interest accruing in the manner provided for in V.T.C.A., Health and Safety Code § 342.007(c). Such liens shall be inferior only to tax liens and liens for street improvements. The city may foreclose such liens in a proceeding brought in accordance with applicable law. The remedy allowed in this subsection shall not be the city's sole remedy.

(g)

It may be necessary at times to remove trees or parts thereof in order for the city to effect entry of mowing or clearing equipment. In such cases, trees or parts thereof may be removed if there is no other reasonable means to effect such entry and shall be limited to the extent necessary to do so. Any tree which is six (6) or more inches in diameter at fifty-four (54) inches above the ground should not be removed without coordination with the city arborist. The cost of this work shall be included in the cost charged to the owner.

(h)

It shall be the duty of an owner, tenant or occupant of properties abutting an alleyway to keep the alleyway clear of obstructions caused by intruding and overhanging brush and/or tree limbs. There must be a clearance of at least fourteen (14) feet high by fifteen (15) feet wide for vehicles to enter the alley and the alley bed must be reasonably free of debris and passable to the vehicle.

(Ord. No. 2010-11-04-0955, § 1(Att. I), 11-4-10; Ord. No. 2011-09-29-0788, § 2, 9-29-11)

Sec. 14-65. - Summary abatement by city.

(a)

Any violation of section 14-61 occurring within one thousand (1,000) feet of public or private elementary school, middle school, high school, or daycare property lines is hereby declared to be a public health and safety emergency, and the city shall, without prior notice, summarily abate these violations.

(b)

Weeds within the location parameters enumerated in section 14-61 which are in excess of forty-eight (48) inches in height and are an immediate danger to the health, life, or safety of any person may, without prior notice, be abated by the city.

(c)

A second or subsequent violation of the same kind or nature that poses a danger to the public health and safety which occurs on or before the first anniversary of the date of notice of the previous violation may, without prior notice, be abated by the city.

(d)

Expenses incurred in such summary abatements shall be assessed to the owner and a lien created in the manner provided for in this article.

(e)

No later than the tenth day after the date of summary abatement, the owner of the lot or parcel shall be notified in accordance with this article. The notice shall contain the following items:

(1)

Identification, which is not required to be a legal description, of the lot or parcel;

(2)

Description of the violations that occurred on the lot or parcel;

(3)

Statement that the city has abated the violation;

(4)

Date the city completed the abatement;

(5)

Statement that the owner will be charged for the expense involved as set out in this article, and upon failure of the owner to pay the city for such expense, a lien may be fixed on the lot or parcel for the expense involved; and

(6)

A statement of the owner's right to request an administrative hearing to appeal the city's summary abatement actions.

(Ord. No. 2010-11-04-0955, § 1(Att. I), 11-4-10)

Sec. 14-66. - Owner's right to hearing of summary abatement.

(a)

Any affected owner may request an administrative hearing by filing a written request with the director of development services not later than the 30th day after the date of the summary abatement.

(b)

The hearing shall be conducted not later than the 20th day after the date the request is filed unless otherwise waived by the owner. The owner may testify, present witnesses, or offer written information related to the city's summary abatement.

(c)

The administrative hearing shall be conducted before the city's board charged with declaring public nuisances in accordance with its hearing rules and procedures. After taking testimony the board may uphold or reverse the determination of the director of development services.

(Ord. No. 2010-11-04-0955, § 1(Att. I), 11-4-10; Ord. No. 2011-09-29-0788, § 2, 9-29-11)

Sec. 14-67. - Remedies not exclusive.

The remedies set forth in this chapter are cumulative of all other remedies available to the city relating to the subject matter hereof. Specifically, the city attorney may institute any legal action to enforce this chapter or enjoin or otherwise cause the abatement of any condition described in this chapter, as well as for the recovery of all expenses incurred in connection therewith, including without limitation administrative and legal expenses, attorney's fees and costs, and for civil penalties as provided by law.

(Ord. No. 2010-11-04-0955, § 1(Att. I), 11-4-10)