The Common Law

I own an investment property that's unrented at the moment. My neighbor has complained about the tall grass in the backyard and he's threatening to report me to the City of Austin. You can't see the backyard from the street because of my fence. Can I really get a code violation for high grass? And if an inspector comes to the house, can they go into my backyard or look over the fence without my permission?

Yes and no. The City of Austin's Code Compliance Department is the entity responsible for investigating violations of certain city ordinances. Violations are spelled out in the Austin City and Land Development Codes, falling into a variety of broad categories. And yes, even the height of grass and weeds in your backyard is regulated under Title 10-5-21(B)(1) of the code, "Duty to Maintain Property in Sanitary Conditions," which states weeds and grasses must be no more than 12 inches tall.

A complaint from a neighbor alleging a violation is all that is required for a city code inspector to come out and inspect your property. Once a complaint is received, a case is opened and assigned to an officer from your code district, who will do their own investigation to determine whether or not a violation exists on the property.

The code officer cannot enter the backyard of the property or look over your fence without a search warrant or your permission as the owner or occupant. If no one is present on the premises at the time of inspection, the code officer should make reasonable efforts to contact and request your permission if entry is required. The code officer could attempt to use other legal vantage points to view the backyard (like the upstairs window of your neighbor's house as one example).

If, for example, a violation for unsanitary conditions is identified on your property during an inspection, the Code Compliance Department will issue you a Notice of Violation and ask you to correct the infraction. If you disagree with the inspector's assessment, you can appeal the notice within seven days after it was given by filing a written statement with the department. It is important to keep in mind, however, that the city's desired outcome by issuing a notice is to obtain voluntary compliance. If a property owner fails or refuses to remedy the condition, a citation will be issued and the department has the authority to fix the problem, send you the bill, and even place a lien against your property for the amount owed. In short, remember to mow your lawn.