Tall Grass
ARTICLE 6.04 TALL GRASS AND WEEDS
There is an ordinance in the City of Caddo Mills declaring tall grass and weeds a public nuisance. Tall grass and weeds are a fire hazard. Additionally, the tall grass and weeds create a habitat for nuisance animals such as rats, mice and snakes, which in turn create a public health concern.
Your grass must be kept at a height below 12" (inches). This applies everywhere in the city limits.
A violation of this ordinance can result in a fine of $200.00, but you will receive a notice giving you 10 days to correct the situation first.
†
Sec. 6.04.001 Penalty
Violation of this article will constitute a misdemeanor offense and will be punishable by a fine of
not more than $200.00. (Ordinance 31197 adopted 3/11/97)
Sec. 6.04.002 Growth over twelve inches prohibited
(a) It shall be unlawful for any person owning, occupying or controlling occupied or
unoccupied premises within the city to permit any weeds or grass to grow to a height greater than
twelve inches (12") upon the premises. Any premises upon which weeds or grass is permitted to
*
State law references–Distribution of cigarettes or tobacco products, V.T.C.A., Health and Safety Code,
sec. 161.081 et seq.; tobacco use by minors, V.T.C.A., Health and Safety Code, sec. 161.251 et seq.;
smoking tobacco in certain public places or conveyances, V.T.C.A., Penal Code, sec. 48.01.
†
State law reference–Authority of municipality to regulate weeds, grass, etc., V.T.C.A., Health and Safety
Code, sec. 342.004 et seq.
Chapter 6: Health and Sanitation
6-11
grow to a height greater than twelve inches (12") shall be deemed a nuisance or a fire hazard and
as dangerous to public health.
(b) For purposes of this section, the term “premises” means a lot, plot or parcel of land, plus
the front or side parkway between the property line or sidewalk and the curb or traveled way, and
the rear or side parkway between the property line and the centerline of an adjacent alley.
(Ordinance 31197 adopted 3/11/97)
Sec. 6.04.003 Notice to remove
It shall be the duty of an officer of the city to notify the owner, occupant, or person in control of
any premises within the city, not classified and zoned as agricultural, or person in control of any
premises within the city, on which there exists a violation of the terms of this article, to remove
such weeds or grass within ten (10) days of such notice. The notice shall be in writing and may be
served by handing it to him or her in person, or by certified mail, return receipt requested. If the
violation is not corrected within the specified time, the city, without further notice, may correct
the violation at the owner’s expense and assess the expense against the property. (Ordinance
31197 adopted 3/11/97)
Sec. 6.04.004 Removal by city; issuance of citation
(a) Upon the failure or refusal of the owner, occupant or person in control of premises to
comply with section 6.04.003 hereof within (10) days as directed, or if another violation of the
same kind or nature occurs that poses a danger or risk to the public health or safety on or before
the first anniversary of the date of the notice (unless the city has been notified in writing by the
owner of a change in ownership of the premises), or if personal service may not be had as
aforesaid or the owner’s address not be known, the city may have the weeds or grass cut.
(b) The officer or his or her authorized agent may issue citations and prosecute persons for
violating such citations[, and such citation] may be served on the owner, occupant or person in
control of premises by handing it to him or her in person or by United States certified mail, return
receipt requested, addressed to such at his or her post office address. If such person cannot be
found and the certified letter is returned by the United States Postal Service, then such person
may be notified by publication two (2) times within ten (10) consecutive days.
(Ordinance 31197 adopted 3/11/97)
Sec. 6.04.005 Assessment of city’s expenses
(a) If the city cuts weeds or grass at the request of a property owner, or upon the failure of the
owner to comply with the notice required under section 6.04.003 hereof, charges in the amount of
the total actual costs incurred by the city in performing the work, including administrative
expenses, shall be collected from the owner or levied, assessed, and collected against the property
on which the work is performed each time such cutting is performed. The cost of cutting shall
include moving or otherwise disposing of obstructions, such as trees, shrubs, brush, excavations,
foundations, demolished structures or any other similar obstruction. The charges shall be payable
at the city. If the charges are not paid within ten (10) days after notice to the property owner that
the charges are due, the officer of the city, or his or her designee, shall file with the county clerk a
statement signed by the officer of the city for the total actual costs incurred by the city, as
required by state law.
Caddo Mills Code of Ordinances
6-12
(b) The city shall have a privileged lien on the premises second only to tax liens to secure the
expenditures so made by the city plus ten percent (10%) interest on that amount from the date the
costs were incurred by the city. For any such expenditures and interest, suit may be instituted and
recovery and foreclosure had in the name of the city, and the statement so made by the officer, or
a certified copy thereof, shall be prima facie proof of the amount expended in any such work or
improvements.
(Ordinance 31197 adopted 3/11/97)