Ordinance No. 9,406Published in the Baytown Sun on
August 28, 2002 and August 29, 2002
ORDINANCE NO. 9406
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 86 "SOLID WASTE," ARTICLE II "RESIDENTIAL SOLID
WASTE," DIVISION 3 "FEES AND CHARGES AND BILLING
PROCEDURE," SECTION 86 -101 "CHARGE FOR COLLECTION,"
SUBSECTION (B) OF THE CODE OF ORDINANCES, CITY OF BAYTOWN,
TEXAS, TO CLARIFY WHEN UNOCCUPIED RESIDENTIAL UNITS WILL
BE ASSESSED FOR THE COLLECTION OF SOLID WASTE COLLECTION
SERVICES; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED
AND NO 1100 DOLLARS ($500.00); 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 86 "Solid Waste," Article II "Residential Solid Waste,"
Division 3 "Fees and Charges and Billing Procedure," Section 86 -101 "Charge for collection,"
Subsection (b) 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 3. FEES AND CHARGES AND BILLING PROCEDURE
Sec. 86 -101. Charge for collection.
(b) When the owner of an unoccupied residential unit certifies in writing to the utility billing
office that the unit is unoccupied and water service has been disconnected, the monthly
charge from that time forward shall not be assessed for as long as the unit remains
unoccupied and the water service remains disconnected.
Section 2: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
FIVE HUNDRED AND NO /100 DOLLARS ($500.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense. In addition to the
penalty prescribed above, the city may pursue other remedies such as abatement of nuisances,
injunctive relief, administrative adjudication and revocation of licenses or permits.
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ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of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.
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Section 4: 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 5: 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 22 "d of August, 2002.
C-
PETE C. ALFARO, Mayor
ATTEST:
It
Y . SMITH, City Clerk
APPROVED AS TO FORM:
R\Karen\Files \City Council\ Ordinances \RefuseCollectionOrdinance.doc
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