Ordinance No. 10,542Published in the Baytown Sun on
February 14, 2007 and February 16,
ORDINANCE NO. 10,542 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 42 "HEALTH AND SANITATION,"
ARTICLE I1 "PUBLIC HEALTH HAZARDS," DIVISION 1 "GENERALLY,"
SECTION 42-26 "DEFINITIONS" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO ADD A DEFINITION OF "PRIVATE SEWER
LINE"; AMENDING CHAPTER 42 "HEALTH AND SANITATION,"
ARTICLE 11 "PUBLIC HEALTH HAZARDS," DIVISION 2 "PUBLIC
HEALTH NUISANCES," SECTION 42-63 "MAINTENANCE OF PRIVATE
SEWER LINES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
EXTEND THE PERIOD PROVIDED FOR WHICH REPAIRS TO OR
REPLACEMENT OF PRIVATE SEWER LINES MUST BE MADE AND TO
PROVIDE FOR A TWENTY-FIVE AND N0/100 DOLLARS ($25.00)
SURCHARGE FOR FAILURE TO MAKE THE REQUIRED REPAIRS OR
REPLACEMENT; AND AMENDING CHAPTER 98 "UTILITIES," ARTICLE 1
"IN GENERAL," OF THE CODE OF ORDINANCES, CITY OF BAYTOWN,
TEXAS, BY ADDING A SECTION TO BE NUMBERED AND ENTITLED
SECTION 98-1 "PRIORITY OF PAYMENT" TO ESTABLISH A PRIORITY
OF HOW UTILITY PAYMENTS WILL BE APPLIED; CONTAINING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND
NO1100 DOLLARS ($2,000.00); AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
WHEREAS, defective private sewer lines have resulted in the discharge of sewage onto
public and private property creating a public health and safety hazard; and
WHEREAS, defective private sewer lines result in significant water inflow and
infiltration into the City's sanitary sewer system contributing to sewage overflows and cause the
City to incur substantial cost each year for additional wastewater treatment; and
WHEREAS, to address these problems it is in the public health, welfare and interest to
test and inspect private sewer lines, require the defective private sewer lines be repaired or
replaced, and require maintenance of the private sewer lines; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That all matters and facts set forth in the recitals hereinabove are found to
be true by the City Council of the City of Baytown, Texas.
Section 2: That Chapter 42 "Health and Sanitation," Article I1 "Public Health
Hazards," Division I "Generally," Section 42-26 "Definitions" of the Code of Ordinances, City
of Baytown, Texas, is hereby amended to add the following definition of "private sewer line,"
which shall read as follows:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE II. PUBLIC HEALTH HAZARDS
DIVISION 1. GENERALLY
Sec. 42-26. Definitions.
The following terms and phrases, when used in this section, shall have the meanings
ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
Private sewer line means the segment of the sanitary sewer system located in whole or in
part on private property that connects a structure to the city's main line.
Section 3: That Chapter 42 "Health and Sanitation," Article II "Public Health
Hazards," Division 2 "Public Health Nuisances," Section 42-63 "Maintenance of private sewer
lines" 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.
(a) Responsibility. Each property owner shall be responsible for maintenance and repair of
his private sewer line. Such maintenance includes, but is not limited to, the following:
(1) clearing obstructions from the private sewer line;
(2) repairing a defect in the private sewer line that allows the introduction of
extraneous flows or debris into the sanitary sewer system;
(3) repairing a defect in the private sewer line that allows the discharge of sewage on
the property; and
(4) keeping a manhole cover in place or a clean out cap tight and in place.
(b) Prohibited materials. From and after February 18, 2007, no concrete, clay, cast iron,
asbestos cement, or orangeburge pipe may be used for private sewer lines within the
incorporated limits of the city, as such limits may be hereinafter extended. However,
concrete, clay, cast iron, asbestos cement, or orangeburge pipes meeting all of the
applicable requirements of this code on February 18, 2007, may continue to be used until
such pipe becomes damaged, defective or deteriorated to the extent that it admits earth or
surface or subsurface water or permits the escape of effluents. At such time, a private
sewer line of such materials may not be repaired but must be entirely replaced with pipes
made of PVC (poly-vinyl-chloride) or equivalent material as approved by the chief
building official. This subsection supercedes and controls over any contrary provision
contained in the plumbing code adopted in section 18-461 and as thereafter amended in
section 18-462.
(c) Notice to repair. If a private 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 city, when it becomes aware of such condition, shall send notice by
certified mail to the last known address of the owner of the property as recorded in the
appraisal records of the appraisal district in which the property is located and, if known
based upon a search of the city's utility records, to the tenant at the address listed on the
city's utility records. A notice which the United States Postal Service returns as
"refused" or "unclaimed" shall not affect the validity of the notice; and the notice shall be
considered delivered seven days after mailing the same. Such notice shall be sufficient if
it generally describes the private sewer line's condition, gives notice that the condition is
in violation of this section, and advises that repairs must be made within 365 days after
receipt of such notice. Notwithstanding the above, if a private 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 subsection and
the notice procedures contained in this division shall not apply.
(d) Manner of repairs or replacements. Private sewer line maintenance, repairs, and
replacement must be made in compliance with all city codes, including but not limited to
the city's plumbing code, adopted in section 18-461; and are subject to approval by the
chief building official. Permits shall be required for the necessary work; however, permit
fees for the plumbing work on the private sewer line shall be waived. Permit fees will be
assessed for any work performed on a plumbing system inside a structure.
(e) Surcharge. If repairs to the private sewer line are not completed and approved by the
chief building official within the time period specified in subsection (c) of this section:
(1) the city shall assess a monthly surcharge against the property, which charge shall
appear on the utility bill for the address where such private sewer line is located.
Such surcharge shall be $25.00 per month; and
(2) a person may not establish utility services after the expiration of the 365-day
period specified in subsection (c) of this section for property on which a surcharge
is being assessed until the repairs to or replacement of the private sewer line
required by this section has been made and approved by the chief building
official.
(0 Priority of Payment. Any utility payment received after the surcharge has been assessed
shall first be applied to the surcharge and then in the priority established in section 98-1
of this code.
(g) Remedies. For nonpayment of utility charges, the city may:
(1) terminate utility services in accordance with sections 98-62 and 98-93 of this code
and/or
(2) file a lien against the property in accordance with section 98-65 of this code.
(h) Reconnection. If utility service for property on which a surcharge is being assessed has
been terminated and thereafter the city determines that
(1) the private sewer line has been repaired satisfactorily and
(2) either
(i) all outstanding utility charges have been paid in full or
(ii) the customer has agreed in writing to pay
a. the accrued utility charges, including all surcharges, in accordance
with a payment schedule acceptable to the supervisor of the utility
billing division and
b. all current and future utility charges as they become due,
utility services may be established, subject to sections 98-56, 98-62(j) and 98-94
pertaining to deposits and cutoff and sewer tapping fees, respectively, and the city shall
release any associated lien in accordance with section 98-65(h).
(i) Offense.
(1) A person commits an offense if he intentionally or knowingly:
(a) fails or refuses to repair his private sewer line within the period of time
prescribed herein or
(b) rents, leases or otherwise allows a person, other than the tenant residing on
the property at the expiration of the 365-day period specified in subsection
(c) of this section to occupy the property on which a surcharge has been
assessed.
(2) It shall be an exception to subsection (i)(b) of this section, if
(a) the required private sewer line repairs or replacement has been completed
and approved by the chief building official or
(b) no new utility service is established after the expiration of the 365-day
period specified in subsection (c) of this section.
Section 4: That Chapter 98 "Utilities," Article I "In General," of the Code of
Ordinances, City of Baytown, Texas, shall be amended by adding a section to be numbered and
entitled Section 98-1 "Priority of payment," which said section reads as follows:
CHAPTER 98. UTILITIES
ARTICLE I. IN GENERAL
Sec. 98-1. Priority of payment.
If a payment is insufficient to cover all utility-and garbage-related expenses, the payment
will be applied in the following priority, regardless of any notation on the instrument of payment:
1. surcharge pursuant to section 42-63;
2. municipal drainage utility fee pursuant to section 98-473;
3. miscellaneous fees, including, but not limited to those fees established in sections
2-619,98-57, 98-58, 98-61, 98-62,98-64, 98-93, and 98-94;
4. garbage and brush disposal fees pursuant to 86-101;
5. sewer service charges pursuant to sections 98-91 and 98-92; and
6. water service charges pursuant to section 98-59.
Section 5: 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 6: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of the 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 effect 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 7: 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
Secons: This Ordinance
passage by .he Ci.y Council. T£ Off
1NTRODUCED, READ, AND
Bayiown, .his .he 8* day of February, 2007
STB^HEVflTDONCARLOS, Mayor
TCity Clerk
APPROVED AS TO FORM:
Attorney
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