Any person, firm, or corporation who violates any provision of this article for which no penalty is otherwise provided shall be guilty of a misdemeanor, and upon conviction shall be fined not more than $2,000.00. Each day that the violation shall be allowed to continue shall be deemed a separate offense, and the penalties shall be cumulative and not exclusive of any other rights or remedies the city may have.
(1995 Code, sec. 131.001)
(a) 
The city shall impose and collect a fee as determined by the city council for each on-site wastewater treatment permit, septic permit, and septic reinspection permit it issues.
(b) 
The fee shall be forwarded to the state comptroller not later than the 30th day after the date on which the fee is collected.
(1995 Code, sec. 131.011)
This division may be cited as the city sewage facility regulations.
(1995 Code, sec. 131.020)
This division is enacted to promote and preserve the health, safety, and general welfare of the citizens of the city by regulating the quality, design, construction, modification, location, and uses of private sewage facilities within the city.
(1995 Code, sec. 131.021)
For the purpose of this division, the following definitions shall apply unless the context indicates otherwise:
LCRA code.
The construction and design standards for private sewage facilities adopted by the Lower Colorado River Authority board of directors and approved by the state commission on environmental quality, as amended.
Permit.
A permit to construct, modify, or replace a private sewage facility issued by the city or the Lower Colorado River Authority.
Private sewage facility.
Any septic system or other facility, system, or method for the storage, treatment, or disposal of sewage (other than a disposal system regulated by the state commission on environmental quality) which serves only an individual household, multiple-unit residential structure, or commercial establishment within a designated area.
(1995 Code, sec. 131.022)
(a) 
Any and all of the following conditions are nuisances dangerous to public health:
(1) 
All sewage, human excreta, wastewater, garbage, or other organic wastes deposited, stored, discharged, or exposed in such a way as to be a potential instrument or medium in the transmission of disease to or between any person or persons;
(2) 
The leakage or spilling of the contents of any vehicle or container used in the transportation of human excreta or other organic material;
(3) 
The deposit, storage, discharge, or exposure of sewage in a manner as to be a potential medium in the transmission of disease;
(4) 
The maintenance of any open or overflowing private sewage facility that permits access to waste by insects or other possible carriers of disease; and
(5) 
The deposit, storage, discharge, or disposal of sewage in a manner that emits noxious odors.
(b) 
Every person owning or in possession of any property on which there is a nuisance shall abate said nuisance.
(1995 Code, sec. 131.023)
(a) 
Every person must have a permit issued by the city or the Lower Colorado River Authority to construct, modify, or replace a private sewage facility.
(b) 
Every person must have a permit issued by the city or the Lower Colorado River Authority for the construction, modification, or replacement of a private sewage facility on property which he or she owns or leases.
(1995 Code, sec. 131.024)
(a) 
All applicants for a permit must use forms provided by the city.
(b) 
The city may, by resolution, establish fees to cover the costs of application, inspection, and other costs incurred by the city in the administration of this division.
(c) 
Applicants shall pay the required nonrefundable application fee and file a completed written permit application with the city secretary, who shall mark the date of receipt on the application and forward the application to the city inspector.
(d) 
The city inspector shall evaluate each application for completeness and shall issue a permit to the applicant unless he or she has not paid the required application fee to the city, the application is incomplete, or the application concerns property located within two thousand (2,000) linear feet of the 691.0-foot lake elevation of Lake Travis, in which case the application must be made to, and any permit issued by, the Lower Colorado River Authority.
(e) 
If the city denies an application for a permit, the city inspector shall notify the applicant of such fact in writing and state the reason or reasons for denial.
(f) 
The applicant may appeal the city inspector’s denial of the application by filing a written request and a nonrefundable appeal fee with the city secretary within ten (10) days of receiving notice of the city inspector’s decision.
(g) 
Upon complying with subsection (f), the city secretary shall set up a council meeting regarding the permit denied, and the council shall hold a hearing.
(h) 
The council may uphold or reject the city inspector’s decision. The council’s decision is final.
(i) 
The city shall not issue a permit unless the applicant pays the application fee, as set by the city council, to the city, and complies with the platting requirements in article 10.02 (subdivision regulations).
(j) 
The city shall not issue a permit to any person unless the plans for the proposed private sewage facility are in compliance with the LCRA Code.
(k) 
The city shall revoke a permit if, after issuance of the permit, the permit holder alters or modifies the private sewage facility or the plans resulting in the facility’s noncompliance with the provisions of this division. The city inspector shall notify the permittee of the revocation in writing. Appeal of a revocation shall be the same as an appeal of an application denial under this section.
(1995 Code, sec. 131.025)
(a) 
To request a variance from this division, a person must submit the request in writing to the city secretary and accompany the request with the variance request fee set by the city council. The zoning and planning commission shall review the request and shall make a recommendation to approve or deny the request to the city council. The city council shall consider the planning and zoning commission’s recommendation and may authorize a variance from this division when it appears that undue hardship will result from requiring strict compliance with this division.
(b) 
In considering a variance request, the zoning and planning commission and the city council shall take into consideration the nature of the proposed use of the land involved and the probable effect upon the public health, safety, convenience, and welfare in the vicinity.
(1995 Code, sec. 131.026)
The city inspector shall have access to the property on which the private sewage facility is being constructed during the entire period of construction for the purpose of which the private wastewater facility is being constructed [sic] during the entire period of construction for the purpose of verifying compliance with this division.
(1995 Code, sec. 131.027)