Chapter 6: Health and Sanitation
City of Lowry Crossing, TX Code of Ordinances
ARTICLE 6.01
GENERAL PROVISIONS (RESERVED)
ARTICLE 6.02
WEEDS, RUBBISH AND OTHER UNSANITARY OR OBJECTIONABLE MATTER
§ 6.02.001 State regulations adopted.
The following regulations regarding sanitation are adopted pursuant to chapter 342, Health and Safety
Code, as amended, which is hereby adopted, as amended.
(Ordinance 126, sec. 1, adopted 4/3/01)
§ 6.02.002 Weeds, brush and other combustible material.
It shall be unlawful for any person owning, claiming, occupying or having supervision or control of
any real property, occupied or unoccupied, within the corporate limits of the city, to permit weeds,
brush or any other “combustible material” to grow to a greater height than twelve (12) inches upon any
such real property within one hundred fifty (150) feet of any property line. All vegetation, not regularly
cultivated, and which exceeds twelve (12) inches in height shall be presumed to be a fire hazard and
constitute a nuisance.
(Ordinance 126, sec. 2, adopted 4/3/01)
§ 6.02.003 Duty of owner or occupant.
(a) Cutting and removal of weeds and brush.It shall be the duty of any person owning, claiming,
occupying or having supervision or control of any developed or improved real property within
the corporate limits of the city, occupied or unoccupied, to cut and/or remove all weeds, brush
and other combustible matter from such property and to a point fifteen (15) feet outside any
such property line that is adjacent to a street or alley right-of-way as often as may be necessary
to comply with section 6.02.002; provided that the cutting and removing of same at least once
every thirty (30) days shall be deemed in compliance with this section.
(b) Maintenance of common areas in planned development.Within the boundaries of a subdivision
plat that has been approved as a planned development, the homeowners’ association shall be
responsible for maintaining all common areas. Except in those cases where the homeowners’
association has agreed to take responsibility, individual homeowners that own property within a
planned development shall be responsible for maintaining any property that is adjacent to a
street or alley right-of-way up to the boundary of the subdivision plat.
(c) Property maintenance. (Amended by Ordinance 397, adopted 1/13/26)
(1) Accumulation of trash and debris. It shall be unlawful and a violation of this article for any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the corporate limits of the city to permit or allow any trash, rubbish, carrion, filth, brush, tree limbs or trimmings, cut vegetation, stagnant water, the accumulation of building materials not intended for immediate use, or other impure or unwholesome matter to accumulate or remain thereon or therein. It shall be the duty and responsibility of that person to keep property and the sidewalks in front of this property free and clear of the same.
(2) Accumulation of debris in drainage ditches. It shall be unlawful and a violation of this article for any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the corporate limits of the city to permit debris from accumulating, or obstruct the natural flow of storm water run-off, in drainage areas, including but not limited to, open ditches, culverts, and other drainage improvements, which is likely to attract or harbor mosquitoes, rodents, vermin, or other disease carrying pests. It shall be the duty of the person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the corporate limits of the city to maintain all drainage areas located on such property. Such drainage areas shall be kept free and clear of debris to the bottom of the drainage area. Where a culvert, pipe, or other drainage improvement is installed, such culvert, pipe, or drainage improvement shall likewise be maintained free and clear of debris to its bottom, so as to prevent the accumulation of debris, silt, organic matter, or other similar materials. All drainage ditches and creeks must remain clear and free-flowing.
(3) High grass and weeds. It shall be unlawful and a violation of this article for any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the corporate limits of the city to permit grass, weeds or any other objectionable or unsightly vegetation to grow to a greater height than twelve (12) inches upon any real property within 150 feet of any property line. All vegetation, not regularly cultivated and which exceeds twelve (12) inches in height, shall constitute a nuisance.
Penalty (Ord 397): Any person who violates Chapter 6 shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined a sum not exceeding $2,000.00 per offense. Each continuing day's violation constitutes a separate offense.
(d) Rubbish defined.Rubbish, as that term is used in this article, shall include but not be limited to
the debris left upon properties after any building or other structures on such properties have
been:
(1) Destroyed by fire or other calamity and the same not restored to its original or better
condition or removed from the property within ninety (90) days from the date of such
destruction;
(2) Intentionally wrecked or demolished by the owner;
(3) Moved from such property to another location; or
(4) Vacated by a prior owner or tenant.
(Ordinance 126, sec. 3, adopted 4/3/01)
§ 6.02.004 Notice to remove; removal by city.
(a) If the owner of property within the city does not comply with this article or the requirements of
chapter 342, Health and Safety Code, as amended, within seven (7) days of notice of a violation,
the city may:
(1) Do the work or make the improvements required; and
(2) Pay for the work done or improvements required and charge the expenses to the owner of
the property.
(b) The notice must be given personally to the owner in writing:
(1) By letter addressed to the owner at the owner’s address as recorded in the appraisal district
records of the appraisal district in which the property is located; or
(2) If personal service cannot be obtained:
(A) By publication at least once in the official newspaper of the city;
(B) By posting the notice on or near the front door of each building on the property to
which the violation relates; or
(C) 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.
(c) If the city mails a notice to a property owner in accordance with subsection (b) above 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 delivered.
(Ordinance 126, sec. 4, adopted 4/3/01)
§ 6.02.005 Assessment of city’s expenses.
In the event that any person owning, claiming, occupying or having supervision or control of any real
property, occupied or unoccupied, within the corporate limits of the city, refuses and fails, after the
required notice has been given, to comply with the provisions of this article, the city may go upon such
property and do or cause to be done the work necessary to obtain compliance, and may charge the
expense incurred in doing or having same done to the owners of such property as provided hereunder
and in compliance with chapter 342, Health and Safety Code, as amended.
(Ordinance 126, sec. 5, adopted 4/3/01)
§ 6.02.006 Lien for city’s expenses.
(a) To obtain a lien against the property, the mayor, municipal health authority, or municipal officer
designated by the mayor must file a statement of expenses with the county clerk of the county
where the city and the property is located. The lien statement must state the name of the owner, if
known, and the legal description of the property. The lien shall attach upon the filing of the lien
statement with the county clerk and the lien shall be security for the expenditures made by the
city and interest accruing at the rate of 10 percent on the amount due from the date of payment
by the city.
(b) The lien is inferior only to tax liens and liens for street improvements.
(c) The city council may foreclose said lien in a proceeding as authorized in chapter 342, Health and
Safety Code, as amended.
(Ordinance 126, sec. 6, adopted 4/3/01)
§ 6.02.007 Additional authority to abate dangerous weeds.
(a) As used in this section, “dangerous weeds” are weeds that are higher than 48 inches and are an
immediate danger to the health, life, or safety of any person.
(b) The city council may authorize the abatement of “dangerous weeds” without notice by complying
with the provisions of section 342.008 of chapter 342, Health and Safety Code, as amended, after
the city has conducted such abatement.
(Ordinance 126, sec. 7, adopted 4/3/01)
§ 6.02.008 Penalty.
Any person, firm or corporation violating any provision of this article shall be deemed guilty of a
misdemeanor and upon conviction shall be subject to a fine not to exceed the sum of five hundred
dollars ($500.00) for each offense; providing, however, where a different penalty has been established
by state law for such offense the penalty shall be that fixed by state law, and for any offense which is a
violation of law that governs fire safety, zoning, or public health and sanitation, including the dumping
of refuse, the penalty shall be a fine not to exceed the sum of two thousand dollars ($2,000.00) for each
offense, and every day any offense is continued shall constitute a new and separate offense.
(Ordinance 126, sec. 11, adopted 4/3/01)
LOWRY CROSSING CODE
MUNICIPAL COURT