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)