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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 5. SANITATION AND ENVIRONMENTAL QUALITY |
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Subtitle A. SANITATION |
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Chapter 342. LOCAL REGULATION OF SANITATION |
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Subchapter A. MUNICIPAL REGULATION OF SANITATION |
Sec. 342.008. ADDITIONAL AUTHORITY TO ABATE DANGEROUS WEEDS
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(a) A municipality may abate, without notice, weeds that:
(1) have grown higher than 48 inches; and
(2) are an immediate danger to the health, life, or safety of any person.
(b) Not later than the 10th day after the date the municipality abates weeds under this section, the municipality shall give notice to the property owner in the manner required by Section 342.006.
(c) The notice shall contain:
(1) an identification, which is not required to be a legal description, of the property;
(2) a description of the violations of the ordinance that occurred on the property;
(3) a statement that the municipality abated the weeds; and
(4) an explanation of the property owner's right to request an administrative hearing about the municipality's abatement of the weeds.
(d) The municipality shall conduct an administrative hearing on the abatement of weeds under this section if, not later than the 30th day after the date of the abatement of the weeds, the property owner files with the municipality a written request for a hearing.
(e) An administrative hearing conducted under this section shall be conducted not later than the 20th day after the date a request for a hearing is filed. The owner may testify or present any witnesses or written information relating to the municipality's abatement of the weeds.
(f) A municipality may assess expenses and create liens under this section as it assesses expenses and creates liens under Section 342.007. A lien created under this section is subject to the same conditions as a lien created under Section 342.007.
(g) The authority granted a municipality by this section is in addition to the authority granted by Section 342.006.