That after the effective date of this article, it shall be the duty of any owner or person in charge of any land, lot or premises within the City of Sundown, Texas, upon which there may exist any abandoned well, cesspool, ditch, crevice or other opening from any cause which may be deemed by the duly constituted officials of the City of Sundown, Texas, to be a public hazard, to plug or fill with rubbish-free dirt, any such abandoned well, cesspool or other opening, or cause the same to be done, so that any such hazardous condition will be completely abated.
(1986 Municipal Code, Title 9, Chapter 4, Section 9-4-1)
That it shall be and it is hereby made the duty of the city marshal, any duly authorized peace officer or health official designated by the City of Sundown, Texas, to make such investigation or inspection within said city as may be necessary to determine whether any abandoned well, cesspool, or other hazardous opening has not been satisfactorily plugged or filled, in order to maintain public safety, health or welfare.
(1986 Municipal Code, Title 9, Chapter 4, Section 9-4-2)
That in the event the city marshal, or designated peace or health officer of said City of Sundown shall discover or ascertain that any abandoned well, cesspool or other opening of the character above described is endangering or about to endanger the public safety, health or welfare of the citizens of the City of Sundown, it shall be the duty of such city marshal, peace or health officer, to notify, in person, the owner or person in charge of the land or premises upon which such abandoned well, cesspool or other hazardous opening exists to fill the same or plug the opening in the manner required by this article, or cause the same to be done, at the expense of such owner or person in charge of such premises, within forty-eight (48) hours from the time of giving of such notice. If, after exercising reasonable diligence, such owner or person in charge of the premises cannot be located and notified personally, then such officer shall post upon the premises, in a conspicuous place thereon, a written notice, notifying the owner or person in charge of such premises to comply with the requirements of this article with reference to abating such hazardous condition as may exist on such premises, within forty-eight (48) hours from the time of posting such notice, which time shall be noted upon the posted notice. In the event of failure of such owner or person in charge of the premises to comply with said provisions of this article, after notice as hereinabove provided, then it shall be the duty of such officer to proceed to have such conditions as may be in violation hereof abated at the expense of the City of Sundown. In the event of failure of said owner or person in charge of such premises to reimburse said city for such expenses so incurred within ten (10) days after a statement of same has been mailed by the city to such owner or person in charge of such premises, then all of such expenses, together with legal interest, costs of collection, and reasonable attorney’s fees, shall be a liability against such owner ore person in charge of such premises, and collection thereof may be enforced by the city in any court of competent jurisdiction, or in any other manner provided under the laws of the State of Texas.
(1986 Municipal Code, Title 9, Chapter 4, Section 9-4-4)