§ 6-194. Duty to maintain property in sanitary condition.

(a)

Maintain property in safe condition. It is unlawful and declared a nuisance 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 stagnant or unwholesome water, refuse, rubbish, trash, debris, filth, carrion, junk, garbage, impure or unwholesome matter of any kind or other objectionable or unsightly matter of whatever kind to remain upon any such real property or within any public easement on or across such real property or upon any adjacent public street or alley right-of-way between the property line of such real property and where the paved surface of the street or alley begins.

(b)

Tall grass, and weeds. A person may not allow tall grass and weeds to grow to a height greater than 12 inches on the person's property or in the area from the person's property line to the adjacent curbline.

(1)

Defense to prosecution. It shall be a defense to prosecution that such vegetation named above occurs on property consisting of five acres or more; is regularly cultivated crops provided such crops are not grown within 15 feet of any property line, within the right-of-way of any public street or easement nor do they obstruct the necessary view to and from adjacent right-of-way; and said crops are cultivated on property which has been granted an agricultural property tax exemption on the most recent tax roll as certified by the Denton County Appraisal District. Property consisting of five acres or more, with no agricultural property tax exemption, is required to mow within 150 feet of any adjacent property line which is under different ownership. Property consisting of five acres or less must be mowed in its entirety. It shall also be a defense to prosecution that such vegetation named above occurs on property designated as and/or required by ordinance to be maintained in its natural state.

(c)

Stagnant water. It shall be unlawful and declared to be a public nuisance for any person that owns or is in control of property to have, keep, maintain, cause, suffer, allow, or permit any collection of stagnant water in which mosquitoes may breed or are likely to breed. Any collections of water considered above shall be held to be stagnant water contained in areas including, but not limited to, ditches, swimming pools, ponds, excavations, holes, depressions, open cesspools, privy vaults, foundations, tanks, shallow wells, barrels, troughs, urns, cans, boxes, tubs, buckets, tires, tanks or similar water containers.

(d)

Accumulation of trash and debris. The existence on any premises or within any utility trailer or vehicle bordering any public street or alley the keeping of stacks, heaps, or piles of refuse, scrap material, or other items, including, but not limited to, garbage, old lumber and fence panels, dirt, machinery or parts thereof, demolished or partly demolished structures, stones, bricks, broken rock, and roofing material, or the placement on any premises within view of a public right-of-way or public place any appliance or junked vehicle, which conditions may produce an unsightly appearance, harbor mosquitoes and vermin, create unsanitary conditions, pose a fire hazard, or create an attractive nuisance.

(e)

Burning of trash. A person may not burn any trash or rubbish, paper, grass, or weeds, on any private property, or in any street or public place within the city.

(f)

Littering. A person commits an offense if the person deposits or throws litter on a street, alley, sidewalk, premises, vacant lot, or public property, including a park or playground. In addition, a person commits an offense if the person deposits or throws litter along a street, alley, sidewalk, or public property, including a park or playground.

(g)

Illegal dumping. A person commits an offense by dumping, placing, or depositing of any trash, debris, garbage, oil, refuse, grass, weeds, scrap material, feces, dead animals, or junk, in or upon any private or public property within the city.

(h)

Evictions by property owners. Following an eviction by a property owner pursuant to state law, a property owner shall not permit or allow an evicted tenant's personal property that has been removed from inside the property owner's rental unit and placed outside the rental unit at a nearby location to remain outside for more than seven days following the removal of the tenant's personal property. However, in no event shall a property owner permit or allow an evicted tenant's personal property to remain outside for any period of time while it is raining, sleeting or snowing.

(i)

Penalty provision . A person who violates this section commits a class C misdemeanor punishable by a fine of up to $2,000.00 pursuant to section 1-5 of the Code of Ordinances.

(Ord. No. 2010-1871, § 3, 10-5-2010; Ord. No. 2011-1878, § 2, 1-4-2011; Ord. No. 2011-1909, § 2, 6-21-2011)