Ordinance No. 4,912Published In: THE BAYTOWN SUN 80128 -3
Tuesday, February 2, 1988
Wednesday, February 3, 1988
® ORDINANCE NO. 4912
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 15, "HEALTH AND SANITATION," OF
THE CODE OF ORDINANCES BY ADDING SECTION 15 -25,
® "MAINTENANCE OF PRIVATE SEWER LINES;" AMENDING SECTION
15 -30, "PENALTY FOR VIOLATION;" REPEALING INCONSISTENT
ORDINANCES; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR A
MAXIMUM PENALTY OF TWO THOUSAND AND N01100 ($2,000.00)
DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the Code of Ordinances, City of Baytown,
Texas, is hereby amended by adding a section, to be numbered
15 -25, which section reads as follows:
Sec. 15 -25. Maintenance of Private Sewer Lines.
(1) The property owner shall be responsible for
maintenance of the sewer line which connects a
structure on his property with the City main line.
(2) If a property owner's sewer line becomes damaged,
defective, or deteriorated to the extent that it
admits earth and /or surface or subsurface water
and /or permits escape of effluents, the owner shall
be notified by the City of the line's condition,
and that repairs must be made within 90 days after
receipt of such notice. Notices shall be sent
Certified Mail. Sewer line repairs must follow the
City's Plumbing Code (Chapter 24 - Code of
Ordinances) and are subject to approval by the
City's Inspection Department.
(3) Maintenance repairs to all portions of a property
owner's sewer line shall be the responsibility of
the property owner, and shall be made in compliance
with City codes.
(4) If the property owner does not repair the sewer
line within the specified 90 -day period, the City
may terminate water service to the property and /or
® may disconnect the sewer service from the City main
line.
(5) In the event that the sewer service has been
disconnected from the City main line as a result of
is failure to repair the sewer line as requested by
the City, and thereafter the City determines that
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the owner's sewer line has been repaired
satisfactorily, the owner's line shall be
reconnected to the City main line, subject to Sec.
31 -67, "Sewer tapping fees," of the Code of
Ordinances, City of Baytown, Texas.
(6) A person commits an offense if he intentionally or
knowingly fails or refuses to repair his sewer line
within 90 days after notice from the City.
Section 2: That Section 15 -3 of the Code of Ordinances,
City of Baytown, Texas, is hereby amended to read as follows:
Sec. 15 -3. Penalty for violation.
An offense under this chapter is a misdemeanor and
any person who shall violate any provision of this
article shall, upon conviction, be punished by a fine
not to exceed two thousand dollars ($2,000.00). Each
day of the continuance of such violation shall be
considered a separate offense and each and every day
shall constitute a separate violation.
Section 3: All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby
repealed; provided however, that such repeal shall be only to the
extent of such inconsistency and in all other respects this
ordinance shall be cumulative of other ordinances regulating and
governing the subject matter covered by this ordinance.
Section 4: If any provisions, section, exception,
subsection, paragraph, sentence, clause or phrase of this
ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional,
void or invalid, such invalidity shall not affect the validity of
the remaining provisions of this ordinance or their application
to other persons or sets of circumstances and to this end all
provisions of this ordinance are declared to be severable.
Section 5: Any person who shall violate any provision of
this ordinance affecting public health and sanitation shall be
deemed guilty of a misdemeanor and upon conviction shall be
punished by a fine of not more than TWO THOUSAND AND N01100
($2,000.00) DOLLARS.
Section 6: This ordinance shall take effect from and after
ten (10) days from its passage by the City Council. The City
Clerk is hereby directed to give notice hereof by causing the
caption of this ordinance to be published in the official
newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
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INTRODUCED,
City Council of
January, 1988.
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READ and PASSED by the affirmative vote of the
the City of Baytown, this the 28th day of
METT 0. HUTTO, Mayor
ATTEST:
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EILEEN P. HALL, City Clerk
ANDALL B. STRONG, Cx y Attorney
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