Ordinance No. 9,546Published in the Baytown Sun on
Wednesday, April 16, 2003 and
ORDINANCE NO. 9546 Thursday, April 17, 2003
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 42 "HEALTH AND SANITATION,"
ARTICLE II "PUBLIC HEALTH HAZARDS," DIVISION 2 "PUBLIC
HEALTH NUISANCES," SECTION 42 -63 "MAINTENANCE OF PRIVATE
SEWER LINES," SUBSECTION (B) OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO EXTEND THE PERIOD OF TIME BY WHICH A
PRIVATE SEWER LINE MUST BE REPAIRED; PRESCRIBING A
MAXIMUM PENALTY OF TWO THOUSAND AND NO 1100 DOLLARS
($2,000.00); 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 42 "Health and Sanitation," Article H "Public Health
Hazards," Division 2 "Public Health Nuisances," Section 42 -63 "Maintenance of private sewer
lines" Subsection (b) of the Code of Ordinances, City of Baytown, Texas, is hereby amended to
read as follows:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE II. PUBLIC HEALTH HAZARDS
Division 2. Public Health Nuisances
Sec. 42 -63. 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 or surface or subsurface water or permits the escape of effluents, the
owner shall be notified by the city of the line's condition and that repairs must be made
within 30 days after receipt of such notice unless a longer period of time not exceeding
180 days is specified in the 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 42 -61 and prompt abatement is a
public necessity, this section, along with the notice procedures contained in this division,
shall not apply.
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
TWO THOUSAND AND NO /100 DOLLARS ($2,000.00). 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.
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 10th day of April, 2003.
PETEC. ALFAOR, Mayor
ATTEST:
GAY 'M SWTH, City Clerk
APPROVED AS TO FORM:
eligNACIO RAMIREZ, ., City Attorney
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