Ordinance No. 6,861Published In: THE BAYTOWN SUN 931116 -3
Monday, November 22, 1993
Tuesday, November 23, 1993
ORDINANCE N0. 6861
AN ORDINANCE AMENDING CHAPTER 15, "HEALTH AND
SANITATION," ARTICLE I "IN GENERAL," SECTION 15 -1,
"DEFINITIONS," BY ADDING SUBSECTION (d) AND AMENDING
ARTICLE IV "PUBLIC HEALTH NUISANCE," SECTION 15 -22,
"NOTICE TO CLEAN UP PREMISES," OF THE CODE OF ORDINANCES
OF THE CITY OF BAYTOWN, TEXAS; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 15, "Health and Sanitation,"
Article I, "In General," Section 15 -1, "Definitions," of the Code
of Ordinances, City of Baytown, Texas, is hereby amended by adding
subsection (d) to read as follows:
ARTICLE I. IN GENERAL.
Sec. 15 -1. Definitions.
(d) Approved solid waste site shall include a solid waste
site permitted by the Texas Natural Resources
Conservation Commission or the Texas Department of Health
or a solid waste site licensed by a county.
Section 2: That Chapter 15, "Health and Sanitation,"
Article IV, "Public Health Nuisance," Section 15 -22, "Notice to
Clean Up Premises," of the Code of Ordinances, City of Baytown,
Texas, is hereby amended to read as follows:
ARTICLE IV. PUBLIC HEALTH NUISANCE.
Sec. 15 -22. Notice; Procedure to Cure; Offense for Failure
to Cure; Presumption of Knowledge.
(a) Whenever conditions described in this chapter are found
to exist, the City health officer shall give actual
notice to the owner of the offending premises or shall
send notice by first class mail to the last known address
of the owner of the offending premises. Such notice
shall be sufficient if it generally describes the
offending premises, gives notice of the objectionable
conditions, advises of the time allowed to cure the
conditions, and the consequences of failure to cure.
(b) The condition shall be deemed cured when the offending
premises is cleaned up and a receipt showing proof of
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proper disposal at an approved solid waste site has been
delivered to the Health Department of the City of Baytown
within ten (10) days from the receipt of the notice
described in this section. The receipt must contain the
date, time, amount disposed of, cost of disposal, and
name of the approved solid waste site where the
objectionable materials were taken.
(c) An owner, occupant, or person in charge of a premises
commits an offense if he intentionally or knowingly fails
to cure the offending condition in the manner described
in subsection (b).
(d) In any prosecution authorized by this article, the
actorts intent or knowledge shall be presumed if actual
notice is shown or ten days have elapsed after notice was
mailed by regular U. S. mail to the owner, occupant, or
person in charge of the premises.
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 S: 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.
INTRODUCED, 'READ and PASSED by the affirmative vote of the
City Council of the City of Baytown this the 16th day of November,
1993.
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PETE C. ALFARO, Mayor
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ATTEST:
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EILEEN P. HALL, City Clerk
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CIO RAMIREZ, SR., tity Attorney
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