Ordinance No. 11,624ORDINANCE NO. 11,624
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE III "WATER
SERVICE," SECTION 98 -65 "LIENS," SUBSECTION (F) "NOTICE AND
HEARING" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
REQUIRE THE SUPERVISOR OF THE UTILITY BILLING DIVISION,
INSTEAD OF THE CITY CLERK, TO GIVE NOTICE OF A LIEN AND OF
THE RIGHT TO APPEAL SUCH LIEN; 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 98 "Utilities," Article III "Water Service," Section 98 -65
"Liens," Subsection (f) "Notice and hearing" of the Code of Ordinances of the City of Baytown,
Texas, is hereby amended to read as follows:
CHAPTER 98. UTILITIES
ARTICLE III. WATER SERVICE
Sec. 98-65. Liens.
(f) Notice and hearing. After the filing of a lien pursuant to this section, the supervisor of
the utility billing division shall within 30 days of the filing of that lien give the owner of
that property and the account holder notice that such a lien has been filed on that property
and shall inform the owner and account holder of their rights of appeal. Within 30 days of
the postmark of the notice sent to the property owner or account holder, the property
owner or account holder may appeal the decision to impose the lien on that property to
the city manager or any fair and impartial person whom the city manager may designate.
The city manager shall authorize the release of the lien if the property owner or account
holder shows that no bill for the services to this property encumbered by the lien is owing
or if the property owner shows that the encumbered property is and at all times, from the
hour of filing of the lien until the time of the appeal, has been a homestead as defined by
the state constitution. The city manager may modify or release the lien to reflect the true
amount of delinquency in payment for services to the property if the owner or account
holder demonstrates that a lesser bill is owing than the lien alleged or if the supervisor of
the utility billing division cannot show that all the lien alleged is owing. The person last
listed on the tax records of the county in which the property is located as being the owner
of any given piece of property shall be presumed to be the owner for purposes of this
subsection, and the address listed for the owner on the tax records shall be presumed to
be the address of the owner.
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 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 ot'circunistances and to this end all provisions or this ordinance are declared to be
severable.
Section 4: This ordinance shall take effect irnmediatcly from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote `the City of the
I I
City of Baytown, this the 14'h day of April, 2011. A
LHITICIA BRYSCIJ, (7,WClerk
APPROVED AS TO F'ORM:
Ax
e�M
ACID RAMIRE�Y�, SR &y Attorney
1-1, DONCARLOS, Mayor
Ford inanccs�201kAprfl I-It(Itility,I,ictillrocessOrdiii,�incedoA:
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