This division is adopted pursuant to the police powers and authority given general law cities by the constitution, codes and general laws of the state, including but not limited to chapter 51 of the Texas Local Gov’t. Code.
(Ordinance 2015-08-10-A, sec. 2, adopted 8/10/15)
The purpose of this division is to provide for public health and general welfare, the efficient and effective provision of city services and the protection of the environment and natural resources of the community. From and after the passage of this division all occupancies and uses within the city shall conform to the following rules and regulations.
(Ordinance 2015-08-10-A, sec. 3, adopted 8/10/15)
The property owner must purchase the required driveway culvert. The culvert shall be either reinforced concrete or steel culvert and shall be preapproved by city staff after being provided with specifications of pipe proposed. If reinforced concrete pipe is used, all joints must be sealed with RAM-NEK, Quik-Seal, or equivalent. The diameter and length of the culvert shall be determined by the city engineer, director of public works, or designee on a case-by-case basis. The city shall lay the culvert at the proper grade and backfill (place and compact backfill material on each side of culvert and approximately four inches cover on top). It shall be the property owner’s responsibility to place the base and surface on the driveway.
(Ordinance 2015-08-10-A, sec. 4, adopted 8/10/15; Ordinance 2018-03-19-03, sec. 2, adopted 3/19/18)
If a concrete driveway is poured on top of the driveway culvert, a construction joint must be installed at least one foot beyond the edge of each side of the culvert. On any noncurbed street, any concrete poured in that portion of the driveway extending from the front property line out to the city street must stop at least one foot from the edge of the street. The city will then provide and install asphalt to fill that last foot. The owner shall furnish all materials and labor necessary for the construction of new driveways.
(Ordinance 2015-08-10-A, sec. 5, adopted 8/10/15; Ordinance 2018-03-19-03, sec. 3, adopted 3/19/18)
(a) 
Driveway maintenance.
It shall be the property owner’s responsibility to maintain the existing driveway. For culvert blockages or drainage problems not attributable to the condition or size of the culvert, the cost of any such repair to an existing driveway or driveway culvert shall be borne by the city.
(b) 
Insufficient or damaged culverts.
If the city deems a driveway culvert insufficient or nonoperational due to culvert degradation or insufficient size of the culvert to the degree that the condition of such culvert creates a risk of flooding of adjacent property or public streets or right-of-way, the city shall require the property owner to replace the culvert at property owner’s expense with a new culvert with a length and diameter as approved by the city engineer, director of public works, or their designee. The city shall notify the property owner in writing of the need to replace the culvert.
(c) 
Written notice provided to property owner.
Upon the city’s determination that a driveway culvert is insufficient or nonoperational as provided for in subsection (b), the code enforcement officer or his designee shall provide the property owner with written notice via certified mail, return receipt requested or personal delivery that the property owner must purchase a new culvert which shall also state the following:
(1) 
That the property owner will be provided five business (5) days to purchase a replacement culvert that complies with section 3.10.063; and
(2) 
A refusal or failure of the property owner to purchase a replacement culvert shall constitute a violation of this division 3, and the property owner shall be responsible for the cost of the culvert installed by the city. The city acting through the code enforcement officer or his designee, may assess penalties and seek the enforcement of this division 3 as provided in this division 3.
(d) 
City repair or replacement.
If the city has to replace the culvert due to damage or the insufficient size of the culvert as provided in this section, the cost of the replacement culvert shall be borne by the property owner. If the city does repair or replace an existing driveway culvert for a reason which the city has maintenance responsibility, the city will also repair the driveway to a condition at least as good as it was. All other driveway maintenance shall be the responsibility of the property owner.
(Ordinance 2015-08-10-A, sec. 6, adopted 8/10/15; Ordinance 2018-03-19-03, sec. 4, adopted 3/19/18)
Should it be necessary to excavate across a driveway or perform any type of construction on a driveway, either by the city or by one of its contractors, the city or its contractor will reconstruct the driveway to at least as good as it was. If the city has to replace the culvert due to existing deficiencies, the cost of the culvert shall be borne by the property owner or lessee. Any repouring of the concrete driveway due to repair of culverts shall be at the expense of the property owner.
(Ordinance 2015-08-10-A, sec. 7, adopted 8/10/15; Ordinance 2018-03-19-03, sec. 5, adopted 3/19/18)
Any drainage structure installed to enable the property owner to aesthetically close an open ditch within the street right-of-way must comply with this section. The culvert shall be ADS plastic or equivalent, smooth interior corrugated polyethylene pipe, and shall be preapproved by city staff after being provided with specifications of pipe proposed. The diameter of the culvert shall be determined by the city engineer, the director of public works, or his designee. The city will not set or backfill landscape culverts. The landscape culvert backfill and adjacent property shall be sloped to drain to the surface grate inlets and shall be covered completely with block sod to prevent erosion. The cost of any such repair or maintenance to a landscape culvert shall be borne by the owner or lessee of abutting property. The city retains the right to remove any existing landscape culverts, which are causing a drainage problem.
(Ordinance 2015-08-10-A, sec. 8, adopted 8/10/15; Ordinance 2018-03-19-03, sec. 6, adopted 3/19/18)
Any person who shall violate any of the provisions of article 3.10, division 3 or shall fail to comply therewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of two thousand dollars ($2,000.00). Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to any other remedies as provided in chapter 3, article 3.10, division 3.
(Ordinance 2015-08-10-A, sec. 10, adopted 8/10/15; Ordinance adopting 2018 Code; Ordinance 2018-03-19-03, sec. 7, adopted 3/19/18)
The civil and criminal provisions of this article 3.10, division 3 shall be enforced by the persons or agencies designated by the city, including, but not limited to the code enforcement officer or his designee. It shall be a violation of this article to interfere with a person authorized to enforce this article, while that person is performing his or her duties.
(Ordinance 2015-08-10-A, sec. 9, adopted 8/10/15; Ordinance 2018-03-19-03, sec. 8, adopted 3/19/18)
All remedies cited herein are in addition to and not in lieu of all other remedies available to the city under state law.
(Ordinance 2015-08-10-A, sec. 11, adopted 8/10/15; Ordinance 2018-03-19-03, sec. 9, adopted 3/19/18)