This article is adopted pursuant to the police powers and authority
given to general law cities by the Constitution, codes, and general
laws of the state, including but not limited to chapters 51 and 552,
Tex. Loc. Gov’t Code.
(Ordinance 2009-029, art. I, sec.
1, adopted 11/17/09)
The purpose of this article 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 article, all
residential, and all nonresidential business, commercial and industrial
occupancies and uses within the city and its service area shall conform
to the following rules and regulations.
(Ordinance 2009-029, art. I, sec.
2, adopted 11/17/09)
For the purposes of this article, the following terms, phrases,
words and their derivations shall have the meaning ascribed to them
in this section; provided that, unless specifically defined below,
words or phrases used in this article shall be interpreted so as to
give them the same meaning as they have in common usage, and so as
to give this article its most reasonable application.
The person, firm, corporation, municipal corporation, or
political subdivision which the city has designated to operate and
maintain the city’s wastewater system.
The initial or first connection (“tap”) or any
subsequent additional connection of a residential or nonresidential
unit to the city’s wastewater system.
Any person, firm, or corporation receiving city wastewater
services for a residential or nonresidential unit, within the corporate
city limits.
A unit of measure which represents the quantity of water utilized and wastewater generated on an average annual daily basis from a single-family, detached residence of average size and occupancy and which is the standardized measure used for service units. The table for determining living unit equivalents is set out in section 12.02.034 of this article.
The separate connection through which one metering facility
serves other establishments or entities occupying the same building,
location, or adjoining property.
Any premises, locations, or entities, public or private,
including all business, industrial and commercial entities, within
the corporate limits of the city that is not a residential unit.
Includes an individual human, partnership, co-partnership,
firm, company, limited liability partnership or other partnership
or other such company, joint venture, joint stock company, trust,
estate, governmental entity, association or corporation or any other
legal entity, or their legal representatives, agents or assigns. The
masculine gender shall include the feminine, the singular shall include
the plural where indicated by the context.
A dwelling within the corporate limits or service area of
the city intended for occupancy by a person or group of persons comprising
not more than one family. A dwelling shall be deemed occupied and
shall be deemed by the city to be a separate residential unit for
billing and collection purposes when either water or electrical power
services are being supplied thereto.
The individual metering facilities for each residential or
nonresidential unit for which city services have been requested or
provided, whether occupied or not.
(Ordinance 2009-029, art. I, sec.
4, adopted 11/17/09)
Except as provided otherwise in this article, no building, tract
of land or structure in an area of the city for which wastewater service
is available shall be occupied for residential, nonresidential, commercial,
industrial or other such purposes unless such buildings or structures
are connected by a separate connection to the city wastewater system.
Property that abuts a street, road or other public way in which a
public wastewater supply is located and is within one hundred (100)
feet of such wastewater line is deemed to have access to the city
wastewater system. Each residential unit and nonresidential unit within
the city shall be connected by separate connection to the city wastewater
systems as soon as city wastewater service is available to such unit,
unless specifically exempted herein.
(Ordinance 2009-029, art. II, sec.
1, adopted 11/17/09)
Each person desiring wastewater service shall be required to
complete an application for such service and pay such fees as are
established by this article. No service shall be rendered until such
fees are paid.
(Ordinance 2009-029, art. II, sec.
2, adopted 11/17/09)
(a)
Certification.
Connections shall not be made to the
city wastewater system until the city’s operator or other party
designated by the city council has certified that the respective system
or applicable portion thereof is adequate and operational. Wastewater
service shall not be provided to any residential or nonresidential
unit not in compliance with rules and regulations promulgated by the
state department of health, the state commission on environmental
quality, as set out in the Texas Water Code or as otherwise required
by statute or regulation.
(b)
Service access.
Upon application for connection to the
wastewater system the applicant shall grant an easement of ingress
and egress to and from the meter or point of service for such installation,
maintenance, and repair as the city, in its judgment, may deem necessary.
Taps and connections will not be made when, in the opinion of the
city’s operator, the work area is obstructed by building materials
and debris or the work area is not completed to finished grade. When
sidewalks, driveways or other improvements have been constructed prior
to application for service, such application shall be construed and
accepted as a waiver of a claim for damages to such improvements resulting
from the reasonable actions of the city’s operator in installation
of the customer’s connection.
(c)
City property.
All meters, fittings, boxes, valves,
cleanouts and appurtenances installed by city personnel shall remain
the property of the city. City maintenance of the wastewater service
ends at the cleanout at the property line, or point of connection
of a yard line to the lateral line within a public right-of-way, alleyway
or city easement.
(d)
Connections.
All connections to the city wastewater
system shall be made by the city’s operator unless specified
otherwise by the city. No person, other than the properly authorized
agents of the city, shall be permitted to tap or make any connections
with the mains, laterals, or collection lines of the city’s
wastewater system, or make any repairs or additions to or alterations
in any meter box, tap, pipe, cock or other fixture connected with
the wastewater service except by the written permission of the city.
No new dual or multiple connections (being more than one user on a
single meter) shall be permitted.
(e)
Plan approval required.
Each applicant for a connection
shall within ten (10) days prior to payment of tap fees submit to
the city operator the following information:
(1)
One set of drawings showing details of building plumbing, site plumbing
and the location, size, type and number of proposed connections to
the city’s wastewater system; and
(2)
A general description of the type of proposed establishment.
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The city’s operator or other party designated by the city
council shall review the information presented and may approve or
reject the application, or request that further information be submitted
prior to approval of the application. The applicant shall be notified
in writing as to the basis for rejection. Failure to construct the
facilities in accordance with approved drawings shall constitute a
basis for denial of city wastewater services. If the application information
is not timely made, the city shall not be held responsible for delays
in the installation of any water or wastewater connection. Payment
of tap fees to the city prior to the approval of plans shall not constitute
approval of said plans or approval for service as set forth herein;
any unauthorized connection or connections may be removed at the expense
of the person or firm causing such connection or connections to be
made.
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(Ordinance 2009-029, art. II, sec.
3, adopted 11/17/09)
Interconnections or cross-connection of water and wastewater
systems, whether directly or through the customer’s private
system to another source of water or otherwise, is strictly prohibited.
Initial customers shall construct, and each customer shall maintain,
water and wastewater connections and appurtenances so as to avoid
infiltration of any substance into the water system. City personnel
shall have access to all customer water and wastewater line connections
and appurtenances within a reasonable time period to inspect for suspected
unauthorized connections. The city reserves the right to immediately
and without notice disconnect water services to any customer whose
internal private system has been found to be interconnected or cross
connected, and to assess against the customer such penalties as are
provided by law and penalties provided herein in addition to any charges
necessary to repair the damaged or contaminated portion of the system.
(Ordinance 2009-029, art. II, sec.
4, adopted 11/17/09)
Customers are not guaranteed a specific quantity, elevation,
or pressure of sewer or other service, for any purpose whatsoever;
in no instance shall the city be liable for failure or refusal to
furnish any service under this article.
(Ordinance 2009-029, art. VII, sec.
1, adopted 11/17/09)
(a)
If an officer charged with the enforcement of this article shall
determine that a person has violated any provision of this article,
such officer may issue a citation.
(b)
If an officer charged with the enforcement of this article shall
determine that a situation exists which immediately affects or threatens
the health, safety and well-being of the general public, and that
immediate action is necessary, such officer may take such action as
shall be necessary, including issuing citations for violations of
the terms and provisions hereof to the owner and/or occupant of the
property upon which such condition exists, as may be deemed appropriate
and necessary.
(c)
If an officer charged with enforcement of this article determines
a situation constitutes an immediate threat to the public health,
safety and welfare, and the owner or occupant of the property is absent
or fails to immediately remedy the violation, the city council may,
at a regular session or at an emergency session called for the purpose
of considering the issue, upon evidence heard, determine that an emergency
exists and order such action as may be required to protect the public
health, safety and welfare.
(d)
If any owner or occupant shall fail or refuse to remedy any of the
conditions prohibited by this article within seven (7) days after
notice to do so, the city may terminate services or do such work or
cause the same to be done, and pay therefor, and charge the expenses
in doing or having such work done or improvements made to the owner(s)
of the property, and such charge shall be a personal liability of
such owner to the city.
(e)
Notices required pursuant to this article shall be in writing. Such
notices may be served upon such owner and/or occupant as follows:
in person by an officer or employee of the city; by letter addressed
to such owner or occupant at his/her post office address; or, if personal
service may not be had, or the owner or occupant’s address be
not known, then notice may be given by publishing a brief summary
of such order at least once in the official newspaper of the city
or by posting a notice on or near the front door of each building
on the property upon which the violation relates, or, if no building
exists, by posting notice on a placard attached to a stake driven
into the ground on the property to which the violation relates. Notices
of termination of services for nonpayment shall be mailed regular
first class mail to the address designated on the account for receipt
of bill and shall be deemed served within three (3) days of deposit
in the regular mail. The notice may state “Sanitary Improvements,” “To
Whom It May Concern” and a brief statement of the violation(s)
or delinquency. If the notice is for delinquency, the notice shall
include a termination date and location for payment for services.
Service of the notice by any one of the above methods, or by a combination
thereof, shall be deemed sufficient notice.
(f)
If an owner is mailed a notice in accordance with subsection (e) and the United States Postal Service returns the notice as “refused” or “unclaimed” the validity of the notice is not affected, and the notice is considered to have been delivered.
(g)
Notices of nuisances provided by mail or by posting as set forth in subsection (e) may provide for year-round abatement of the nuisance and inform the owner that should the owner commit any other violation of the same kind that pose a danger to the public health and safety on or before the first anniversary of the date of the notice, the city without further notice may abate the violation at the owner’s expense and assess the costs against the property.
(h)
Persons in violation of this article or causing or creating a prohibited
nuisance in the presence of a person authorized to enforce this article
may be cited or a complaint filed for such violation without notice
of the violation, or warning, and such citation or complaint shall
be filed in the municipal court of the city.
(Ordinance 2009-029, art. VII, sec.
2, adopted 11/17/09)
In addition to any other remedy provided in this article and cumulative thereto, the code enforcement officer, after giving to the owner of the property seven (7) days’ notice in writing, as provided in section 12.02.009 above, may cause any of the work or improvements mentioned in this article to be done at the expense of the city, and charge the utility bill of the property on which such work or improvements are done, and cause all of the actual cost to the city be assessed on the real estate or lot on which such expenses occurred; provided, that the owner of any such real estate may appeal to the city council from the order of the code enforcement officer by filing a written statement with the code enforcement officer within seven (7) days after receipt of the notice provided for above, stating that such real estate complied with the provision of this article before the expiration of a seven-day period. The city council shall set a date, within thirty (30) days from the date of the appeal, for hearing the appeal to determine whether the real estate complied with the provisions of this article before the expiration of such seven-day period. The authority of the code enforcement officer to proceed to cause such work to be done shall not be suspended while an appeal from the order is pending. If it shall be determined by the city council that the premises complied with the provisions of this article before the expiration of the seven-day period, then no personal liability of the owner shall arise nor shall any lien be created against the premises upon which such work was done.
(Ordinance 2009-029, art. VII, sec.
3, adopted 11/17/09)
Cumulative of the city’s remedy by fine, as set forth
herein, the city may do such work or cause the same to be done to
remedy such condition to remove such matter from such owner’s
premises at the city’s expense and charge the same to the utility
bill of such property and assess the same against the real estate
or lot or lots upon which such expense is incurred.
(1)
Expenditures plus ten percent (10%) per annum interest on the expenditures
from the date of such payment by the city shall be added to the next
billing cycle for the utility bills for the real estate or lot or
lots, if not already paid. Payment shall be due and payable in full
by the owner or occupant at the time of payment of such utility bill.
If the property is unoccupied, no utilities shall be furnished to
the property where the work occurred until such obligation, as herein
set out, payable to the city for abatement of any nuisance described
herein is paid in full.
(2)
Upon filing with the county clerk of a statement by the city secretary
or designee of such expenses, the city shall have a privileged lien
upon said real estate or lot or lots, second only to tax liens and
liens for street improvements, to secure the expenditure so made and
ten percent (10%) per annum interest on the amount from the date of
such payments so made by the city.
(3)
The city may, additionally, institute suit and recover such expenses
and foreclose such lien in any court of competent jurisdiction, and
the statement so filed with the county clerk or a certified copy thereof
shall be prima facie proof of the amount expended in any such work
or improvements to remedy such condition or remove any such matter.
(Ordinance 2009-029, art. VII, sec.
4, adopted 11/17/09)
The civil and criminal provisions of this article shall be enforced
by the persons or agencies designated by the city, including, but
not limited to, the city police department, the building official,
and the code enforcement officer. It shall be a violation of this
article to interfere with a code enforcement officer, or other person
authorized to enforce this article, in the performance of his or her
duties.
(Ordinance 2009-029, art. VII, sec.
5, adopted 11/17/09)
Any person who shall violate any of the provisions of this article,
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 all the other
remedies provided herein.
(Ordinance 2009-029, art. VII, sec.
6, adopted 11/17/09)
