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Ordinance No. 6,948940310 -3 ORDINANCE NO. 6948 • AN ORDINANCE AMENDING CHAPTER 15 "HEALTH AND SANITATION," ARTICLE IV "PUBLIC HEALTH NUISANCES," SECTION 15 -25(b) "MAINTENANCE OF PRIVATE SEWER LINES," OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE 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 IV "Public Health Nuisances," Section 15 -25(b) "Maintenance of Private Sewer Lines," of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows: ARTICLE IV. PUBLIC HEALTH NUISANCES Sec. 15 -25. Maintenance of private sewer lines. (b) 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 ninety (90) days after receipt of such notice. Notices shall be sent certified mail. However, if a property owner's sewer line becomes damaged, defective or deteriorated to the extent that it constitutes a public nuisance, as defined in Section 15- 20, and prompt abatement is of public necessity, this section, along with the notice provisions contained herein, shall not apply. (c) 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. (d) 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. (e) If the property owner dos not repair the sewer line within the specified ninety (90) day period, the City may terminate water service to the property and /or may disconnect the sewer service from the City main line. (f) In the event that the sewer service has been disconnected from the City main line as a result of failure to repair the sewer line as requested by the City, and thereafter the City determines that the owner's sewer line has been • repaired satisfactorily, the owner's line shall be reconnected to the City main line, subject to section 31 -67, "Sewer tapping fees," of the Code of Ordinances, City of Baytown, Texas. 940310 -3a (g) A person commits an offense if he intentionally or knowingly fails or refuses to repair his sewer line within ninety (90) days after notice from the City. Section 2: 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 3: 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 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 10th day of March, 1994. X& PETE C. AL O, Mayor ATTEST: FILE P. A LL, City Clerk ACID RAMIREZ, , City Attorney • hg.v==W3- M%.mdWDEcn15 2