Ordinance No. 9,03420001109 -5
ORDINANCE NO. 9034
® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 34 "ENVIRONMENT," ARTICLE III "JUNKED, WRECKED,
ABANDONED PROPERTY," DIVISION 2 "VEHICLES," SECTION 34 -92
"ADMINISTRATION; RIGHT OF ENTRY," SUBSECTION (A) AND
SECTION 34 -95 "NOTICE TO ABATE; HEARING; . DISPOSAL,"
SUBSECTIONS (H), (I), (J), AND (K); CHAPTER 34 "ENVIRONMENT,"
ARTICLE IV "EXCAVATIONS," DIVISION 1 "GENERALLY," SECTION
34 -127 "INSPECTION; RIGHT OF ENTRY" AND SECTION 34 -128
"VIOLATIONS; CESSATION OF OPERATIONS; REVOCATION OF
PERMIT; PENALTY," SUBSECTION (B); CHAPTER 34 "ENVIRONMENT,"
ARTICLE IV "EXCAVATIONS," DIVISION 2 "PERMIT," SECTION 34 -161
"REQUIRED; EXCEPTIONS," SUBSECTION (13)(4); SECTION 34 -162
"APPLICATION," SUBSECTION (A); SECTION 34 -163 "FEE "; SECTION 34-
165 "ISSUANCE; CONTENTS; TERM; TRANSFERABILITY "; AND
SECTION 34 -166 "APPEALS FROM DENIAL OR ISSUANCE,"
SUBSECTION (E); CHAPTER 34 "ENVIRONMENT," ARTICLE V
"HAZARDOUS SUBSTANCES, LIQUIDS AND GAS PIPELINES," DIVISION
1 "GENERALLY," SECTION 34 -196 "DEFINITIONS" AND SECTION 34 -197
"DECLARATION OF POLICY; ADMINISTRATOR," SUBDIVISION (B);
AND CHAPTER 86 "SOLID WASTE," ARTICLE II "RESIDENTIAL SOLID
WASTE," DIVISION 1 "GENERALLY," SECTION 86 -31 "COMPLIANCE
REQUIRED" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN,
TEXAS, TO PLACE THE INSPECTIONS DIVISION UNDER THE PROPER
DEPARTMENT; 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 34 "Environment," Article III "Junked, Wrecked,
Abandoned Property," Division 2 "Vehicles," Section 34 -92 "Administration; right of entry,"
Subsection (a) of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 34 ENVIRONMENT
ARTICLE III. JUNKED, WRECKED, ABANDONED PROPERTY
Division 2. Vehicles
Sec. 34 -92. Administration; right of entry.
(a) The directors of health, and planning and community development and their respective
designees, who are regularly salaried, full -time employees, are designated as the
® administrators of this article, except that the removal of vehicles or parts of vehicles from
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® public or private property may be by any other person authorized to do so by the directors
named in this subsection.
Section 2: That Chapter 34 "Environment," Article III "Junked, Wrecked,
Abandoned Property," Division 2 "Vehicles," Section 34 -95 "Notice to abate; hearing; disposal,"
Subsections (h), (i), 0), and (k) of the Code of Ordinances, City of Baytown, Texas, is hereby
amended to read as follows:
CHAPTER 34 ENVIRONMENT
ARTICLE III. JUNKED, WRECKED, ABANDONED PROPERTY
Division 2. Vehicles
Sec. 34 -95. Notice to abate; hearing; disposal.
(h) If no hearing is requested within the time provided in this section or if a hearing is held
and the hearing officer orders that the vehicle be removed and the owner of the vehicle or
occupant of the premises shall fail to comply with an order of the court to remove the
vehicle, the director of health, or planning and community development shall cause the
vehicle to be removed and disposed of in accordance with this article.
(i) If a hearing is requested and, upon order by the judge of the municipal court or other
hearing officer designated of the city council that a junked vehicle be removed as a public
nuisance, the director of health, or planning and community development shall cause
such junked vehicle to be removed from the premises where it is located at the time.
(j) Upon such removal the director of health, or planning and community development shall
cause the junked vehicle to be transported to a scrapyard, demolisher or other suitable site
where the junked vehicle shall be disposed of as scrap or salvage.
(k) The director of health, or planning and community development may enter private
property to examine a vehicle or vehicle part, to obtain information as to the identity of
the vehicle or vehicle part and to remove or cause the removal of a vehicle or vehicle part
that constitutes a nuisance. The judge of the municipal court may issue orders necessary
to enforcement of this section.
Section 3: That Chapter 34 "Environment," Article IV "Excavations," Division 1
"Generally," Section 34 -127 "Inspection; right of entry," of the Code of Ordinances, City of
Baytown, Texas, is hereby amended to read as follows:
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® CHAPTER 34 ENVIRONMENT
El
ARTICLE IV. EXCAVATIONS
Division 1. Generally
Sec. 34 -127. Inspection; right of entry.
For the purposes of administering and enforcing this article, employees of the inspection division
of the department of planning and community development shall have the right to enter into and
upon any lands within the city limits in or upon which an excavation exists or on any lands on
which operations are being conducted in creating an excavation to examine and inspect such
lands and excavations to determine whether the excavation or restoration or the operations in
creating an excavation or restoring the excavation are in violation of this article and to further
determine whether an excavation permit has been secured as is required in this article.
Section 4: That Chapter 34 "Environment," Article IV "Excavations," Division 1
"Generally," Section 34 -128 "Violations; cessation of operations; revocation of permit; penalty,"
Subsection (b) of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 34 ENVIRONMENT
ARTICLE IV. EXCAVATIONS
Division 1. Generally
Sec. 34 -128. Violations; cessation of operations; revocation of permit; penalty.
(b) After issuance of the notice as provided in subsection (a) of this section, there shall be no
further operation of the excavation until the violations complained of by the inspecting
official have been remedied. The operator shall have three days from the date of receipt
of the complaint notice from the inspecting official to remedy the violations complained
of by the inspector and to notify the inspection division of the department of planning and
community development that the violations complained of have been remedied and that
the excavation is ready for additional inspection.
Section 5: , That Chapter 34 "Environment," Article IV "Excavations," Division 2
"Permit," Section 34 -161 "Required; exceptions" Subsection (b)(4) of the Code of Ordinances,
City of Baytown, Texas, is hereby amended to read as follows:
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® CHAPTER 34 ENVIRONMENT
ARTICLE IV. EXCAVATIONS
El
Division 2. Permit
Sec. 34 -161. Required; exceptions.
(b) Nothing in this article shall be construed to affect or apply to:
(4) Any person in excavating to install, construct or complete a structure, building or
facility of any kind when the plans and specifications for such objective have
been submitted and approved by the department of engineering or for which a
permit has been issued by the inspection division of the department of planning
and community development, provided that:
a. The progress on the facility or project is not delayed for a period of more
than two weeks, excepting delays attributable to acts of nature; and
b. Such excavation created is not of a permanent nature and will not be left
open and uncovered upon the completion of the project without
authorization of such permit; or
Section 6: That Chapter 34 "Environment," Article IV "Excavations," Division 2
"Permit," Section 34 -162 "Application," Subsection (a) of the Code of Ordinances, City of
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 34 ENVIRONMENT
ARTICLE IV. EXCAVATIONS
Division 2. Permit
Sec. 34 -162. Application.
(a) All permits required by this division shall be issued only after an application, in the form
of an affidavit, is executed in duplicate and presented to the inspection division of the
department of planning and community development, which application shall be referred
to the city engineer for review, consideration and recommendation.
Section 7: That Chapter 34 "Environment," Article IV "Excavations," Division 2
"Permit," Section 34 -163 "Fee" of the Code of Ordinances, City of Baytown, Texas, is hereby
amended to read as follows:
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CHAPTER 34 ENVIRONMENT
ARTICLE IV. EXCAVATIONS
Division 2. Permit
Sec.34 -163. Fee.
On submission of an application for an excavation permit to the department of planning and
community development, a fee shall also be submitted for the adequate administration,
inspection, regulation and enforcement of this article in an amount of $250.00.
Section 8: That Chapter 34 "Environment," Article IV "Excavations," Division 2
"Permit," Section 34 -165 "Issuance; contents; term; transferability" of the Code of Ordinances,
City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 34 ENVIRONMENT
ARTICLE IV. EXCAVATIONS
Division 2. Permit
Sec. 34 -165. Issuance; contents; term; transferability.
(a) All excavation permits shall be issued by the inspection division of the department of
planning and community development upon the recommendation or at the direction of the
city engineer.
Section 9: That Chapter 34 `Environment," Article IV "Excavations," Division 2
"Permit," Section 34 -166 "Appeals from denial or issuance," Subsection (e) of the Code of
Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 34 ENVIRONMENT
ARTICLE IV. EXCAVATIONS
Division 2. Permit
Sec. 34 -166. Appeals from denial or issuance.
(e) The city council on conducting the public hearing regarding the appeal may, by majority
vote of all of the council, either grant or refuse to grant the permit. If the permit is
granted, the city engineer shall direct the inspection division of the department of
planning and community development to issue the permit in accordance with the
direction of the city council.
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Section 10: That Chapter 34 "Environment," Article V "Hazardous Substances,
Liquids and Gas Pipelines," Division 1 "Generally," Section 34 -196 "Definitions" of the Code of
Ordinances, City of Baytown, Texas, is hereby amended, in part, to read as follows:
CHAPTER 34 ENVIRONMENT
ARTICLE V. HAZARDOUS SUBSTANCES, LIQUIDS AND GAS PIPELINES
Division 1. Generally
Sec. 34 -196. Definitions.
Director means the director of engineering or his designee.
Section 11: That Chapter 34 "Environment," Article V "Hazardous Substances,
Liquids and Gas Pipelines," Division 1 "Generally," Section 34 -197 "Declaration of policy;
administrator," Subdivision (b) of the Code of Ordinances, City of Baytown, Texas, is hereby
amended to read as follows:
CHAPTER 34 ENVIRONMENT
ARTICLE V. HAZARDOUS SUBSTANCES, LIQUIDS AND GAS PIPELINES
Division 1. Generally
Sec. 34 -197. Declaration of policy; administrator.
(b) This article shall be administered by the director of engineering.
Section 12: That Chapter 86 "Solid Waste," Article II "Residential Solid Waste,"
Division 1 "Generally," Section 86 -31 "Compliance required" of the Code of Ordinances, City
of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 86 SOLID WASTE
ARTICLE II. RESIDENTIAL SOLID WASTE
Division 1. Generally
Sec. 86 -31. Compliance required.
(b) The fire chief, the police chief, as well as the directors of public works, health,
engineering and planning and community development are authorized to enforce this
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chapter and to make all necessary inspections, issue citations, give notice, file applicable
charges and otherwise cooperate in the enforcement under this chapter.
Section 13: 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 14: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the 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 15: 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 9th day of November, 2000.
ATTEST:
GA. W SMITH, City Clerk
APPROVED AS TO FORM:
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C. ALFARO, Mayor