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HomeMy WebLinkAbout2016-3737 - Ordinance - 01/28/2016 ORDINANCE NO. 2016-3737 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 11, "UTILITIES", SECTION 11-2 "WATER AND SEWER SERVICES" BY ADDING A NEW SUBSECTION E "PRIVATE LATERAL LINES"; REGULATING THE CONDITION AND OPERATION OF PRIVATE LATERAL LINES; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 11, "UTILITIES", Section 11-2, "Water and Sewer Services" of the Code of Ordinances of the City of College Station,Texas,be amended by adding a new Subsection E, "Private Lateral Lines" as set out in Exhibit "A", attached hereto and made a part of this Ordinance for all purposes. PART 2: That if any provisions of any section of this Ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not exceeding two thousand dollars ($2,000.00) for violations. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 28th day of January, 2016. APPROVED: ATTEST: Mayor City Secret` APPROV I" City - orney �` ORDINANCE NO. 2016-3737 Page 2 of 2 EXHIBIT"A" That Chapter 11, "UTILITIES", Section 11-2, "Water and Sewer Services" of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding a new subsection E, "Private Lateral Lines" to read in its entirety as follows: Chapter 11 UTILITIES Section 11-2. Water and Sewer Services. E. Private Lateral Lines. (1) In this subsection E., the following definitions shall apply: (a) "Director" means the Director of the City of College Station Water Services Department or his designee. (b) "Private Lateral"means the segment of privately-owned sanitary sewer line typically located on private property and all related appliances, apparatus and interconnects that in turn ultimately connect to the City's sanitary sewer system. (2) Owner Maintenance Required. The owner of a Private Lateral must operate, repair and maintain same so as to not detrimentally affect the City's sanitary sewer system nor impair the City's provision of sanitary sewer services. This includes, but is not limited to the following: (a) Clearing the Private Lateral of obstructions; (b) Maintaining and operating the Private Lateral so as to prohibit the introduction of extraneous flow, including storm water, or debris into the City's public sanitary sewer system; (c) Keeping manhole covers and clean out caps in place, secure, and in good repair; (d) Ensuring there is no discharge from or cause attributable to the condition of the Private Lateral that directly or indirectly obstructs,harms,violates applicable laws and regulations or that otherwise endangers the general public or the integrity of the City's sanitary sewer system; (3) Right of Entry. In accordance with applicable law, the Director or any duly authorized employees and agents of the City, when bearing proper credentials and identification, may enter properties for the purpose of inspection,observation,measurement,sampling and testing to determine if the Private Lateral is in compliance with the provisions herein. (4)Repairs. City officials may direct the repair,abatement,removal,disconnection or destruction of all or portions of Private Laterals as they reasonably determine necessary and appropriate to ensure the integrity of the City sanitary sewer system and to ensure the overall health, safety and welfare of the general public. City officials shall follow applicable law and procedures in enforcing the foregoing.