The water holding capacity of any lake area shall not be decreased by reason of a cut and fill, redesign of lake area or by the addition of water which is not natural runoff water.
(Ordinance 719 adopted 8/11/09)
The dumping or other placing of any dirt, debris or other solid materials in any lake area shall constitute a nuisance, and any person who shall dump, place or permit to be placed any such material therein shall be guilty of a misdemeanor; provided, however, this section shall not apply to the construction of or to any person engaged in the construction of any public work, the extension of any public utilities or the paving of any roadway in any public park in any lake area, when the project is planned and the work or contract is approved by or is done under the supervision of the city engineer and the project or work is not designed or calculated to decrease the water-holding capacity of the lake area involved.
(Ordinance 719 adopted 8/11/09)
It shall be unlawful for any person to transport or to direct the transportation of any dirt, debris or other materials over any of the streets or alleys in the city for the purpose of dumping or otherwise placing any such materials in any lake area; provided, however, that this section shall not apply to persons making fills in accordance with section 3.13.101 of this code, nor shall it apply to the construction of or to any person engaged in the construction of any public work, the extension of public utilities or the paving of roadways in any public park in a lake area, when the project is planned and the work or contract is approved by or is done under the supervision of the city engineer and the project or work is not designed or calculated to decrease the water-holding capacity of the lake area involved.
(Ordinance 719 adopted 8/11/09)
It shall be unlawful for any person to spread, or use for filling purposes or cover over, or otherwise use or permit to be used upon any land within a lake area any dirt, debris or other solid materials which have been transported or moved in any manner to a lake area from outside the lake area, and whoever violates any part of this provision shall be guilty of maintaining a nuisance; provided, however, that this section shall not apply when a cut and fill plan has been duly provided by the city engineer and the planning and zoning commission which allows the use of solid materials from outside the lake area to be exchanged for solid materials that have been removed from the lake area and when such cut and fill plan is not designed or calculated to decrease the water-holding capacity of the lake area involved. Any appeal of a decision of the city engineer and planning and zoning commission shall be made to the city council.
(Ordinance 719 adopted 8/11/09)
It shall be unlawful and constitute a nuisance for any person or persons jointly or severally owning, or having possession or control or any other interest in, any land located in any lake area in the city to permit, allow or suffer any dirt, debris or other solid materials or objects hauled, carried or otherwise transported from outside any such lake area, onto land within a lake area, to remain upon the land of any such person within a lake area, and any such person who violates any part of this provision shall be guilty of maintaining a nuisance.
(Ordinance 719 adopted 8/11/09)
It shall be the duty of every person having ownership, control, possession or the right to possession of any lake area in which dirt, debris or objects or other solid material has been dumped or otherwise placed in such manner as to constitute a nuisance, to proceed at once to remove or abate same as soon as its presence comes to his knowledge.
(Ordinance 719 adopted 8/11/09)
Whenever a nuisance defined in this article is found to exist within the city, the code enforcement officer shall cause notice in writing to be given to the owner and the proprietor or occupant, if any, of the premises whereon such nuisance exists. Such notice shall be made by letter addressed to such owner, proprietor or occupant, at his post office address, with return receipt requested, or by publication as many as two (2) times within ten (10) consecutive days, if personal service may not be had as aforesaid, or if the owner’s address be not known. Such notice shall contain an order to such owner, proprietor or occupant of such premises to remove or cause the removal of such nuisance within ten (10) days.
(Ordinance 719 adopted 8/11/09)
If a nuisance defined in this article is not abated within the time set by the notice of the preceding section, the city shall cause such nuisance to be abated or removed and shall defray the expenses thereof out of any money in the city treasury available for such purpose. All expenses so incurred shall be charged against the owner and shall be a lien on the land and premises whereupon such nuisance exists to the extent and in the manner authorized by article 4436, Revised Civil Statutes of Texas.
(Ordinance 719 adopted 8/11/09)
Upon the abatement or removal of a nuisance defined in this article by the city, a statement of the expenses incurred by the city in such action shall be signed and acknowledged by the mayor and filed with the county clerk of the county. A copy of such statement shall be filed with the city attorney, who shall be authorized to timely file suit to foreclose the lien for such expenses as provided by article 4436, Revised Civil Statutes of Texas, or as such article is amended.
(Ordinance 719 adopted 8/11/09)
It shall be the duty of any owner, proprietor or occupant to comply with the provisions of the notice authorized by this article. Any owner, proprietor or occupant who, within ten (10) days after written notice thereof, shall neglect, fail or refuse to abate the nuisance defined in section 21-66 [sic] shall be guilty of a misdemeanor.
(Ordinance 719 adopted 8/11/09)
(a) 
The city engineer is authorized to issue permits to owners to make uniform fills in the lake areas below the estimated high-water line; provided, that such fills are made with dirt excavated from below the estimated high-water line, and the fills produce a ground surface above the estimated high-water level, for all and in such areas intended to be improved for human habitation if the plans therefor have been approved by the planning and zoning commission and the water-holding capacity of the lake area is not thereby decreased. The perimeter shown on such plats of any such lake area shall be modified by the city engineer to conform to such fills, and building permits may be issued when the ground surface has in fact been raised to an elevation above the estimated high-water level.
(b) 
When the planning and zoning commission approves any plat or replat of any tract of land in a lake area affected by an estimated high-water line, and such plat is supported by plans and specifications for making uniform fills below the estimated high-water level by using dirt excavated from below the estimated high-water level for all land intended to be improved for human habitation, and the water-holding capacity of the lake area will not be thereby decreased, the perimeter of such lake area plat shall be modified by the city engineer to conform thereto, and building permits may be issued when the ground surface has in fact been raised to an elevation above the estimated high-water level.
(Ordinance 719 adopted 8/11/09)