§ 16-46. Unlawful accumulations and conditions on abutting public property.

(a)

It shall be unlawful for any owner, lessee, occupant or any person in charge of any premise to allow weeds to grow or permit trash or rubbish to accumulate upon sidewalks, city right-of-way, including alleys and easements, and/or state right-of-way in front of or abutting their property, and either act is hereby declared to constitute a public nuisance. It shall also be unlawful for any owner, lessee, occupant or any person in charge of any premise to allow the presence of a sub-standard sidewalk or sidewalk section, the condition [of] which shall be determined by the city based upon the standards set forth in the City of Eagle Pass Public Works Department document entitled "Construction Specifications Manual" or any subsequent amendments, and the act is hereby declared to constitute a public nuisance.

(b)

It shall be unlawful for any person to place at or near curbside, sidewalks, easements, alleys, or on their property or to allow to remain at curbside, sidewalks, alleys or easements any waste, including out of schedule waste, brush or construction and demolition materials in excess of any forty-eight-hour period, inclusive of weekends and holidays. It shall be an affirmative defense to prosecution that the responsible person placed the material, within the time period specified, and in response to official written notice from the city.

(Ord. No. 2012-27, § 1, 9-11-2012)