The following definitions shall apply:
Director.
The director of utilities or any person designated by the
director of utilities to administer this article.
Facility.
Private wastewater system and collection lines, and taps
from the city main, lying in the public right-of-way or utility easement,
to the point of use, but shall not mean any septic facilities which
are governed by chapter 366 of the Texas Health and Safety Code.
Person.
(1)
The owner of the property;
(2)
Any person who commits or assists in the violation of this article
by an act of commission or omission; or
(3)
The agent, manager or occupant with repair or maintenance responsibility
for the property. Where an owner of property leases or rents the property
to any one person, family or company, it shall be presumed that the
person, family or company is the agent for the owner and authorized
to repair and maintain the facilities in a satisfactory working condition.
Property.
Any place where a violation could occur.
(Ordinance 99-23, sec. 1, adopted 4/27/99; Ordinance 2006-14, sec. 2, adopted 3/14/06; 1957
Code, sec. 8-70(a))
(a) It shall
be a violation of this article for any person to permit or fail to
abate, extinguish, mitigate, or resolve any stagnant water or wastewater,
or unwholesome condition, or permit any other condition to exist that
may cause disease by failing to fill, drain, maintain, alter, repair,
clean, or disinfect any facilities or property in the city or in an
industrial district.
(b) It shall
also be a violation to refuse to assist or to obstruct access or to
unreasonably delay the director or contractors of the city, who have
shown their credentials, entry for purposes of inspecting, repairing,
abating or monitoring the facilities for conditions related to the
improper discharge of wastewater.
(Ordinance 99-23, sec. 1, adopted 4/27/99; Ordinance 2006-14, sec. 2, adopted 3/14/06; 1957
Code, sec. 8-70(b), (c))
(a) In order
to administer and to enforce the provisions of this article, the director,
finding that a violation as described in this article has occurred,
is authorized, subject to the notice provisions required herein, to
take the following action:
(1) Require
the person to permit the inspection, by the director, of the property
and facilities and to remove any barriers to inspection, at the person’s
expense.
(2) Require
the person to abate or extinguish any violation described herein,
by ordering its maintenance, repair, reconstruction, removal, cleaning
or disinfection.
(3) File
a class C misdemeanor complaint in municipal court to prosecute the
penal provisions of this article. A culpable mental state is not required
to prove a criminal offense under this article.
(4) Obtain
an administrative search warrant if necessary.
(5) Interrupt
or discontinue water service to the property in order to abate or
extinguish or prevent the expansion of the condition that is unwholesome
or involves stagnant water or wastewater, or that may result in disease
and is caused by the facilities or property.
(6) Implement
sections 342.006 and 342.007 of the Texas Health and Safety Code,
which authorize the city, subject to certain requirements, to do the
work or make the improvements necessary to abate or extinguish the
violation, charge the expenses to the owner of the property, assess
the expenses as a lien against the property and, if not paid, foreclose.
Notice must have been provided to the owner.
(7) Agree
to certain civil fines in lieu of other available remedies.
(8) Request
the city attorney to file a civil action. The city attorney is hereby
authorized to enforce this article by civil court actions in accordance
with applicable state or federal law, including chapter 54 of the
Texas Local Government Code, and including, without limitation, actions
for injunction, damages, declaratory relief or other remedies that
the city attorney shall deem appropriate to pursue.
(b) All
remedies authorized under this article are cumulative of all others
unless otherwise expressly provided. Accordingly, the filing of a
criminal action shall not preclude the pursuit of a civil or administrative
action for violation of this article nor shall the filing of a civil
action preclude the pursuit of any other action or remedy, administrative
or criminal.
(Ordinance 99-23, sec. 1, adopted 4/27/99; 1957 Code, sec. 8-71)
In order to take any action authorized by this article, notice
shall be provided by the director to the person as follows:
(1) If it
is not an emergency, written notice shall be provided to the owner,
manager or agent of the owner setting forth the nature of the violation,
the order requiring compliance or the action to be taken by the director.
It shall be delivered or mailed return receipt requested to the person
and posted on the property at least ten (10) days prior to the date
for action to be taken. During such ten-day notice period, if the
person objects, the person can meet with the director to defend their
actions or to request a different course of action. The director’s
ruling shall be final.
(2) If it
is an emergency, a shorter notice period is authorized, or, if necessary
because of the danger to public health, immediate action can be taken
at the direction of the director and notice provided as soon thereafter
as possible.
(3) A notice
to an owner may be pursuant to section 54.005 of the Texas Local Government
Code.
(Ordinance 99-23, sec. 1, adopted 4/27/99; 1957 Code, sec. 8-72)