(Ord. No. B-757-06, § I(15-5), 8-24-2006)
The following definitions shall apply to the terms used in sections 70-127 through 70-128:
CITY
The City of Burleson.
CITY MANAGER
The person appointed by the city council to serve as the city manager of the city or his or her designated representative.
PERSON
Includes both singular and plural and shall mean and embrace any person, firm, or corporation, their agents, servants and employees.
PUBLIC
Accessible to or shared by citizens of the City of Burleson.
PUBLIC INFRASTRUCTURE
The public works system of the city located within the city's rights-of-way including: potable water system; sanitary sewer system; storm drainage systems; streets and roadways; traffic control devices; and pedestrian ways. For purposes of this definition:
(1) 
PEDESTRIAN WAYS
Mean improved surfaces within the public rights-of-way designed and constructed for pedestrian travel such as sidewalks, pathways to parks, and trails.
(2) 
POTABLE WATER SYSTEM
The collection of pipes, taps, fire hydrants, pumps, storage tanks, and related facilities necessary for pumping and distribution of potable public water. The potable water system terminates at the point where (1) the private service line connects to the water meter or (2) where the detector check assembly connects to the public line.
(3) 
PUBLIC RIGHTS-OF-WAY
The area of land dedicated or conveyed to the city for public use including land on, below or above a roadway, highway, street, sidewalk, alley, or public utility easement.
(4) 
SANITARY SEWER SYSTEM
The collection of pipes, taps, lift stations, and related facilities necessary for collection of public sanitary sewage. The sanitary sewer system terminates at the service connection.
(5) 
STORM DRAINAGE SYSTEM
Pipes, gutters, inlets, ditches, culverts, channels, creeks, streams and rivers of the city which carry public stormwater runoff excluding detention and retention ponds and basins located on private property.
(6) 
STREETS AND ROADWAYS
Mean public ways within the city designed and constructed for the movement of vehicular traffic excluding private driveways, private driveway culverts and pipes, and private driveway approaches.
(7) 
TRAFFIC CONTROL DEVICES
All signs, signals, markings, and other devices used to regulate, warn, or guide traffic, placed by authority of the city on, over, or adjacent to public rights-of-way.
SERVICE CONNECTION
The point which the private sewer line connects to the public sanitary sewer system.
(Ord. No. B-757-06, § I(15-7), 8-24-2006)
(a) 
Interference defined.
It shall be unlawful for any person(s) owning, leasing, claiming, occupying, maintaining, or having supervision or control of any real property within the corporate limits of the city, to interfere with the efficient flow of stormwater through the storm drainage system of the city. Interference includes, but is not limited to:
(1) 
Permitting soil from aforementioned real property to erode into the storm drainage system; or
(2) 
Depositing or causing to be deposited any garbage, trash, dirt, yard waste, concrete, or rocks, or other materials which obstruct the storm drainage system; or
(3) 
Altering or restricting the flow of stormwater from its designed course or path; or
(4) 
Damaging or causing damage to any portion of the storm drainage system;
(b) 
Nuisance declared.
Any portion of the storm drainage system that has become defective, unsafe or hazardous due to interference by any person is hereby declared a nuisance.
(c) 
Duty to remove and restore.
It shall be the duty of any person owning, leasing, claiming, occupying, maintaining, or having supervision or control of any real property within the corporate limits of the city, to remove (or cause to be removed) any item, material or facilities on such real property which interfere with efficient operation of the storm drainage system and to restore (or cause to be restored) the affected part of the storm drainage system to its original state.
(d) 
Abatement of nuisance.
(1) 
Any person in violation of this section shall be given written notice of such violation and given ten calendar days to cure said violation.
(2) 
Any person receiving a notice of violation may request a hearing before the city manager, or his or her designated representative. The request for a hearing must be submitted to the city manager within ten days of the receipt of the notice of violation.
(3) 
Should the person fail to cure the violation, and not request a hearing within this ten day period, the city may cure the violation and bill the person for costs incurred by the city.
(4) 
Should the person request a hearing which results in a finding that the person committed a violation, and the person fails to cure the violation within ten days from the date of such hearing, the city may cure the violation and bill the person for costs incurred by the city.
(5) 
Should the person fail to make payment to the city within 90 days, the city may, after written notice to such person, place a lien on the property to insure recovery of costs incurred by the city.