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HomeMy WebLinkAboutOrdinance No. 11/13 Regulating storm sewer connections ORDINANCE NO. 11/13 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES BY AMENDING SECTION 13.04.066 (c) REGULATING CONNECTIONS TO THE PUBLIC SANITARY SEWER SYSTEM AND THE STORM SEWER SYSTEM; AUTHORIZING INSPECTIONS; REQUIRING DISCONNECTION OF ILLICIT CONNECTIONS; PROVIDING FOR NOTICE AND OPPORTUNITY TO DISCONNECT; AUTHORIZING DISCONNECTION FROM WATER SUPPLY; AUTHORIZING CITY TO PERFORM WORK AND CLAIM LIEN ON PROPERTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. Chapter 13, "Utilities & Solid Waste", of the Code of Ordinances of the City of University Park is amended in part by amending Section 13.04.066 (c) (3) as follows: "Sec. 13.04.066 ( c) Administration (3) The owner of property suspected to have an illicit connection or cross-connection ("connection") to the City's public water supply system or to the sanitary or storm sewer system is maintaining a public nuisance and shall allow the property to be inspected by a duly authorized City inspector upon due notice and at a reasonable time. If there is a permitted connection present, the owner shall follow all ordinances and regulations of the City with regard thereto. If the City's inspector determines that there is an illicit connection present on the property: 1. The inspector shall prepare and hand deliver or mail to the owner by certified mail, return receipt requested, a written notice to remove or remedy the illicit connection within fifteen (15) days from the date of the notice; ii. If the owner fails to comply with the notice, the department will inform the owner by letter that the water service to the owner's preIjises will be terminated within five (5) days of the date of the letter, provided such time may be extended as provided in section 13.04.067 (d) below; iii.In the alternative, if the owner fails to correct the illicit connection within the time permitted by the inspector, the City or its contractor may go on the premises, do the work or make the improvements necessary to correct the illicit connection and eliminate the public nuisance, pay for the work done or improvements made and charge the expenses to the owner of the property. If, after due notice, the charges are not paid by the owner, notice shall be given in writing to the owner and all lien holders of record that a Statement of Expenses will be prepared in a form of lien claim allowing it to be recorded in the Real Property Records of Dallas County, Texas, signed by the Director of Public Works on behalf of the City and filed if the expenses are not paid in full within ten (10) days after the date of the notice. The filing of the statement of expenses and the lien for collection of the expenses shall be handled in the same manner as provided in Sections 6.05.004 and 6.05.005 of this Code of Ordinances." SECTION 2. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so declared to be unconstitutional, illegal or invalid. SECTION 3. That all ordinances in conflict with this ordinance or the Code of Ordinances as amended hereby are repealed. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance as amended hereby shall be deemed guilty of a misdemeanor, and subject to a penalty as provided for in this ordinance, and upon conviction shall be punished by fine not to exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day such violation shall continue shall constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage as the law in such cases provides. DUL Y PASSED by the City Council of the City of University Park, Texas, on the 19th day ofJuly 2011. APPROVED: ~b~ W. RICHARD DAVIS, MAYOR ATTEST: ~[~Q, CITY ATTORNEY . (RLD; 6/22/11; 49901) ~##fo L OR, CITY SECRETARY