Item 4GCity of Southlake, Texas
M E M O R A N D U M
September 18, 2007
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
st
Subject:Ordinance No. 914, 1 Reading, Adopt regulations regarding the
generation, transportation and disposal of liquid waste in the City of
Southlake. (if approved at first reading, the public hearing will held on
October 2, 2007)
Action
st
Requested:
Ordinance No. 914, 1 Reading, Adopt regulations regarding the
generation, transportation and disposal of liquid waste in the City of
Southlake.
Background
Information:
In 2003, the Texas Legislature adopted House Bill 1979 amending
Chapter 26 (Water Code) in order to address sanitary sewer overflows
resulting from grease deposits blocking sewer lines in the collection
system. The installation of grease traps at food establishments has been a
requirement in most communities for many years. H.B. 1979 establishes
standards for the routine maintenance of grease traps and requires that a
uniform manifest system be put in place to insure compliance with the
new standard.
The proposed Ordinance No. 914 will fulfill the requirements of H.B.
1979 by adopting the following Regulations:
Liquid waste haulers operating within the City shall register with
the City of Southlake
Liquid waste haulers shall provide the City a manifest of the
collection, transportation and disposal of all liquid waste collected
in the City of Southlake
Liquid waste generators (food establishments, etc.) shall be
required to have grease traps serviced at regular intervals
Under the proposed ordinance the service interval for traps at most food
service establishments is once every 90 days and once every 180 days at
establishments providing pre-packaged foods. The Director of Public
Works will have the authority to modify the service interval when it is
determined to be appropriate.
Financial
Considerations:
A registration fee for permitting the vehicles of liquid waste haulers will
be proposed under a separate instrument.
Citizen Input/
Board Review:
None
Legal
Review:
The City Attorney has reviewed proposed Ordinance No. 914
Alternatives:
The City Council may approve or deny this Ordinance No. 914 on First
Reading.
Supporting
Documents:
H.B.1979
H.B 1979 – Bill Analysis
Ordinance No. 914
Staff
st
Recommendation: Approve
Ordinance No. 914, 1 Reading, and Adopt regulations
regarding the generation, transportation and disposal of liquid waste in the
City of Southlake.
Staff
Contact:
Robert H. Price, P.E., Public Works Director
Chuck Kendrick, Deputy Director of Public Works - Operations
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BILL ANALYSIS
C.S.H.B. 1979
By: Puente
Natural Resources
Committee Report (Substituted)
BACKGROUND AND PURPOSE
In2002,therewere6,173sanitarysewer overflows in the State of Texas, discharging 190 million gallons
ofwastewater. The EPA estimates that 42 percent of sanitary sewer overflows are a result of grease
blockingpipes. The proper use of grease traps by food service facilities and restaurants can eliminate many
of these overflows.
C.S.H.B.1979addressessanitaryseweroverflowproblemsbydirectingtheTexasCommission on
Environmental Quality (TCEQ) to adopt criteria establishing model standards topreventthe discharge of
untreated wastewater from sanitary sewers.
RULEMAKING AUTHORITY
Itisthe committee’s opinion that this bill does not expressly grant anyadditionalrulemakingauthorityto
a state officer, department, agency, or institution.
ANALYSIS
SECTION1.RequirestheTCEQtoestablishcriteriaforevaluatingsanitaryseweroverflowsresultingfrom
a blockage due to grease. Considerations must include whether the spill could have been prevented,
whether the effects of the spill were minimized and whetherthespillwasreported in accordance with law
under Section 26.039(e), Water Code. The TCEQ is also directed to consider the adoption and
enforcement of a set of model standards for grease management to prevent or mitigate spills.
SECTION2.Providesthatthecommissionshalladoptmodelstandardsdesignedtopreventthedischarge
ofuntreatedwastewaterfromsanitarysewers.Componentsofthemodelstandardsincluderoutinecleaning
ofgreasetraps,aminimumscheduleforgreasetrapcleaning,exceptionsfromthecleaningschedule,proper
installationofgreasetraps,alternativetreatmentmethods to prevent blockages, a uniform manifestsystem
and a penalty schedule.
th
SECTION3.RequirestheTCEQtoadopttherequiredcriteriaandmodelstandardsnotlaterthanthe90
day after the effective date of the Act.
EFFECTIVE DATE
September 1, 2003
COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.H.B. 1979 makes only clarifying changes to the original version on page 1 of the bill, which include:
ThesubstituteclarifiesinSECTION1 (f) thatthecriteriaadoptedbythecommissionaremeanttoaddress
sanitaryseweroverflowsthatoccur as a result of “a blockage due to grease” instead of as a result of
“something other than a rainfall event” as stated in the original.
H.B. 1979 78(R)Page 1 of 2
Inaddition,alsoinSECTION1,newsubsection(g), Section 26.049, Water Code, thesubstituteclarifies
thatevidencewillbe considered by the commission if it is recognized by the executive director of the
agency and not the “executive director for grease management” as stated in the original.
H.B. 1979 78(R)Page 2 of 2
ORDINANCE NO. 914
AN ORDINANCE ADDING CHAPTER 19, ARTICLE V TO THE
CITY OF SOUTHLAKE CODE OF ORDINANCES ADOPTING
REGULATIONS REGARDING THE GENERATION,
TRANSPORTATION AND DISPOSAL OF LIQUID WASTE IN
THE CITY OF SOUTHLAKE, TEXAS; PROVIDING FOR
PUNISHMENT FOR VIOLATION; PROVIDING FOR A PENALTY
FOR VIOLATIONS HEREOF; SETTING THE PERMIT
FEE;PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN PAMPHLET FORM;
PROVIDING FOR PUBLICATION IN THE MANNER
AUTHORIZED BY LAW; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Southlake, Texas (“the City”) is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the unregulated transportation and discharge of liquid waste presents a
hazard to the public health, safety, and welfare of the citizens of Southlake; and
WHEREAS, the unregulated transportation of liquid waste facilitates the unauthorized
discharge of liquid waste on the land into streams, creeks and sanitary sewer system
located in limits of the City of Southlake; and
WHEREAS, the City Council deems it necessary to adopt these regulations as to protect
the sanitary sewer system from the effects of fats, oils, and greases:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1
That Chapter 19 “Utilities”, of the Code of Ordinances of the City of Southlake,
Texas is hereby amended by adding Article V to read as follows:
ARTICLE V. LIQUID WASTE; GENERATION, TRANSPORTATION AND
DISPOSAL
1
Section 19-221. Definitions.
The following definitions shall apply to this article:
Approved means accepted as satisfactorily under the terms of this article and
given formal and official sanction by the regulatory authority.
Director means the director of the department designated by the Public Works
director to enforce and administer this article.
Disposal means the discharge, deposit, injection, dumping, spilling, leaking or
placing of any solid or semi-solid grease trap waste, grit trap waste, and/or septage into or
on any land or water so that such waste or any constituent thereof may enter the
environment or be emitted into the air or discharged into any waters, including ground
waters.
Disposal site means a permitted site or part of a site at which grease trap waste,
grit trap waste, or septage is processed, treated and/or intentionally placed into or on any
land and at which said waste will remain after closure.
Disposer means a person who receives stores, retains, processes, or disposes of
liquid waste.
Full Service Grocery means a grocery store which may include, but is not
limited to a deli, bakery, or meat market.
Generator means a person who causes, creates, generates, or otherwise produces
liquid waste.
Grease trap means a watertight receptacle designed and constructed to intercept
and prevent the passage of greasy, fatty liquid, semi-liquid, and/or solid wastes generated
from commercial operations into the sanitary sewer system to which the receptacle is
directly or indirectly connected.
Grease trap waste means greasy, fatty liquid, semi-liquid, and/or solid wastes
removed from commercial operations by a grease trap.
Grit trap means a watertight receptacle designed and constructed to intercept
and prevent the passage of petroleum based oil, grease wastes and solids into the sanitary
sewer system to which the receptacle is directly and indirectly connected.
Grit trap waste means petroleum based oil, grease wastes and solids from
commercial automotive or heavy machinery repair and/or washing facilities.
Hazardous materialsmeansany matter which is or may be reasonably
expected to be dangerous to human health, the environment, or property, and shall
2
include, but not be limited to, those substances defined as hazardous materials or material
by federal or state agencies.
Liquid waste means waterborne solids, liquids, and gaseous substances derived
from a grease trap, grit trap, chemical/portable toilet or septic tank and described as a
grease trap waste, grit trap waste or septage.
Manager means the person conducting, supervising, managing or representing
the activities of a generator, transporter or disposer.
Manifest system means a system consisting of a five-part trip ticket used to
document the generation, transportation and disposal of liquid waste.
Owner means the person who owns a facility or part of a facility.
Permit means the formal written document issued to a person by the regulatory
authority for the collection of grease trap waste, grit trap waste and septage.
Permittee means a person granted a permit under this article.
Person means an individual, corporation (including a government corporation)
organization, government, governmental subdivision or agency, federal agency, state,
political subdivision of a state, interstate agency or body, business or business trust,
partnership, association, firm, company, joint stock company, commission, or any other
legal entity.
Regulatory Authority means any municipal officer or department of the city
appointed by the director to administer this article.
Sanitary sewer means a sewer which carries sewage and to which storm, surface, and
ground waters are not normally allowed.
Septage means wastes removed from a septic tank or chemical/portable toilet.
Shall means the word "shall" wherever used in this article will be interpreted in
its mandatory sense; "may" is permissive.
Special wastes means any waste or combination of wastes that, because of its
quantity, concentration, physical or chemical characteristics or biological properties,
required special handling and disposal to protect the human health or the environment.
Spill means the accidental or intentional loss or unauthorized discharge of grease
trap waste, grit trap waste, or other waste material.
3
State Regulatory Authority means the state’s agencies which have the authority
to adopt and enforce any rules necessary to carry out its powers and duties under the laws
of Texas.
Tank means a device, designed to contain an accumulation of grease trap waste,
and septage which is constructed primarily of non-earthen materials (e.g., concrete, steel,
plastic) to provide structural support for the containment.
Toxic waste means any liquid, semi-liquid, or solid waste material which has the
ability to chemically produce injury once it reaches a susceptible site in or on the body.
Transporter means a person who operates a vehicle for the purpose of
transporting liquid waste.
Trip ticket means the shipping document originated and signed by the transporter
which contains the information required by the regulatory authority.
Vehicle means a mobile device in which or by which liquid waste may be
transported upon a public street or highway.
Section 19-222. Permit required.
(a) A person commits an offense if he operates or causes to be operated a vehicle for the
purpose of transporting liquid waste without an applicable permit. A permit shall be
issued for transportation of the liquid waste and the regulatory authority shall designate
on the permit authorization for transportation of liquid waste in the vehicle. A separate
vehicle permit number is issued for each vehicle operated.
(b) A person who desires to obtain a permit shall make application on a form provided
by the regulatory authority.
(c) Submit with the application a copy of the applicant’s current registration issued by
the commission, pursuant to 30 TAC § 312.142, to collect and transport liquid wastes.
(d) Submit with the application a copy of the state registration license receipt issued to
each vehicle that applicant wants to register under this permit.
(e) Submit with the application proof that the applicant’s vehicles which will be
registered under this permit are insured in at least the minimum amounts as required by
state law, or under self-insured as provided by state law to secure payment of all lawful
and proper claims arising out of the operation of each vehicle.
(f) Each applicant shall specify the disposal site or sites to be used for the authorized
disposal of liquid wastes. The regulatory authority shall be immediately notified of
additional disposal sites used during the permit period.
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(g) The regulatory authority shall have the authority to require a vehicle be submitted
for inspection by the regulatory authority all vehicles the applicant proposes to use to
transport liquid waste and the vehicles are found by the regulatory authority to be
constructed and equipped in accordance with the provisions of this article.
(h) A permit is not transferable.
(i) Each permit shall be renewed annually.
(i) A permit issued by the City of Southlake excludes the hauling of materials that are
hazardous in nature.
Section 19-223 Fee and display of permit.
(a) The regulatory authority may issue a permit after the applicant pays all applicable
fees, unless the director has cause to deny such permit, as specified in section 19-232.
(b) The city council shall set a permit fee for each registered vehicle.
(c) The regulatory authority shall number the permits consecutively, and each permit
holder shall cause to be displayed on each side of each vehicle in a color contrasting with
the background in three-inch letters or larger the business name, state regulatory authority
registration number and the regulatory authority’s permit number.
(d) The permit holder shall keep the permit receipt, or a copy, in the vehicle at all times.
Section 224. Liquid waste vehicles - Maintenance.
(a) A liquid waste transporter shall:
(1) Maintain hoses, tanks, valves, pumps, cylinders, diaphragms, pipes,
connections, and other appurtenances on a vehicle in good repair and free from
leaks and so as to not create spray or emit obnoxious odors during operations;
(2) Provide a safety plug or cap for each valve of a tank;
(3) Cause a vehicle exterior to be clean and the vehicle odor-free at the
beginning of each work day.
b) The regulatory authority may revoke the permit of an improperly maintained or
operated vehicle.
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Section 19-225. Same--Inspection.
(a) A liquid waste transporter's vehicle may be inspected by the regulatory authority
prior to the issuance of a vehicle permit or at any other time during the permit term with
qualifications as follows:
(1) Use a vehicle with a single tank as an integral portion of vehicle to transport
liquid wastes; portable tanks or other containers temporarily installed in vehicles
are prohibited;
(2) Piping, valves and connectors shall be permanently attached to tank and/or
vehicle;
(3) Tank to be liquid tight;
(4) Tank to be constructed so that every interior and exterior portion can be
easily cleaned;
(5) Piping, valves, and connections shall be accessible and easy to clean;
(6) Inlet or opening of tank to be constructed so that collected waste will not
spill during filling, transfer, or during transport;
(7) Outlet connections to be constructed so that no liquid waste will leak, run, or
spill out from the vehicle;
(8) Outlets to be of a design and type suitable for the liquid waste handled and
capable of controlling flow or discharge without spillage or undue spray on or
flooding of immediate surroundings while in use;
(9) Pumps, valves, cylinders, diaphragms and other appurtenances to be of a
design and type suitable for the type of waste handled, capable of operation
without spillage, spray, or leakage, and capable of being easily disassembled for
cleaning.
Section 19-226. Responsibilities of a liquid waste transporter.
(a) Before accepting a load of liquid waste for transportation, a liquid waste transporter
shall determine the nature of the material to be transported and that his equipment is
sufficient to properly handle the job without spillage, leaks, or release of toxic or harmful
gasses, fumes, liquids, or other substances. Upon delivery of the waste to the disposer,
the transporter shall inform the disposer of the nature of the waste.
(b) A transporter with a City of Southlake liquid waste transporter permit shall not
transport materials that are hazardous as defined in section 19-221 in vehicles permitted
by the city for transporting liquid waste.
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(c) A transporter holding a City of Southlake permit shall use a disposal site permitted
and approved by the city, or the state, or the federal government.
(d) A manifest system, consisting of a five-part trip ticket is used to document the
generation, transportation and disposal of all applicable liquid waste generated in the City
of Southlake and shall be used as follows:
(1) The trip ticket books are purchased by the transporter from the City of
Southlake, for an established fee;
(2) A transporter will complete one trip ticket for each location serviced, with
the exception of chemical toilet companies servicing their own units. Such
companies shall submit to the regulatory authority quarterly reports stating the
amount of liquid waste generated within the city and listing the disposal site or
sites;
(3) Each manifest system book shall be used exclusively for a single vehicle;
(4) The transporter shall sign the original part of a trip ticket and request the
generator to do the same at the time of the liquid waste collection. The
transporter shall not remove liquid waste from the generator’s premises until the
generator signs the trip ticket. The transporter shall leave the first copy (yellow)
of the trip ticket with the generator.
(5) The transporter shall have the disposer sign the original part of the trip ticket
at the time the waste is disposed of, and shall leave the second copy (pink) of the
trip ticket with the disposer.
(6) The transporter shall retain the third copy (green) of the trip ticket for the
transporter’s own records.
(7) The transporter shall return the fourth copy (gold) of the trip ticket to the
generator within fifteen (15) days after the waste is received at the disposal site
with completed information about disposal.
(8) The transporter shall deliver to the regulatory authority all completed original
(white) trip tickets no later than the tenth day of the month following the month in
which they were completed.
(9) The transporter shall retain its copies of all trip tickets for a period of five (5)
years, and shall make such copies available to the regulatory authority, upon
request, for inspection at all reasonable times.
(e) A transporter or any person cleaning or servicing a grease trap or grit trap shall
remove the entire contents (one hundred [100] percent) of the collection device.
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Skimming the surface layer of waste material, partial cleaning of the trap or use of any
method which does not remove the entire contents of the collection device is prohibited.
(f) Any person wishing to make use of a mobile treatment process or of an on-site
process to clean or service grease traps or grit traps shall demonstrate the process to the
satisfaction of the regulatory authority. Included with the demonstration shall be a written
explanation of the treatment process. Any costs to the city associated with the
demonstration such as but not limited to sampling and analysis shall be recovered.
(g) A transporter shall allow the director and his or her designee’s to inspect vehicles
registered under a permit upon their request.
Section 227. Disposal of liquid waste.
(a) A person commits an offense if he unloads or offers for sale or exchange liquid
waste, except at a place permitted by the city or the state, or the federal government.
(b) A person commits an offense if he deposits or discharges liquid waste at any site not
approved for the disposal of such material.
Section 19-228. Accumulation of liquid waste.
A person commits an offense if he allows liquid waste that emits noxious or offensive
odors or is unsanitary or injurious to public health to accumulate upon property under his
control.
Section 19-229. Responsibilities of liquid waste generator.
(a) A generator of liquid waste shall have all liquid waste material removed from his
premises by a liquid waste transporter who holds a valid permit from the city and the
liquid waste shall be transported to an approved site for disposal.
(b) Prior to liquid waste being removed from its premises the generator shall determine
whether the disposer is permitted or approved for such by the regulatory authority.
(c) A generator of liquid wastes shall not have hazardous materials or liquid waste in
combination with hazardous materials removed from his premises by a liquid waste
hauler operating under a city permit.
(d) A generator shall sign the trip ticket from the transporter when a load is picked up by
the transporter and shall keep a copy of all trip tickets for a period of two (2) years. The
regulatory authority may inspect these records during normal business hours.
(e) A generator shall:
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(1) Install or provide collection device of size and type specified by building
inspections. If the director determines that a collection device is insufficient in
size or design, he or she may require the generator to upgrade the collection
device.
(2) Supervise the servicing of the generator’s liquid waste facilities, and shall
ensure that the facility is completely emptied (one hundred [100] percent) by the
transporter during such servicing;
(3) Maintain the collection device in continuous, proper operation.
(A) All facility discharges to the sanitary sewer system through a collection
device shall not exceed limits as set by Section 19-110 of the Code of
Ordinances;
(B) Policy may be establish to allow for sampling and monitoring of a
facility for fats, oils, and grease discharged to the sanitary sewer system.
(4) Report spills and accidents involving a collection device to the regulatory
authority immediately or through emergency dispatch after business hours;
(5) Clean up all spills and accidents immediately and have material disposed of
by a permitted transporter by proper means.
(6) Inspect all facilities for seepage into the surrounding media whenever the
trap has been pumped. Have all apparatus and equipment repaired, replaced, or
installed as necessary to ensure the proper operation and function of the liquid
waste facilities.
Section 19-230. Schedule of Service Required for Generators
.
(a) All food manufacturers, restaurants, and full service groceries shall pump their
interceptor at a minimum of once every ninety (90) days.
(b) All other facilities with pre-packages foods and minimal food preparation as
determined by the Director or his or her designee shall pump their interceptor at a
minimum of once (1) semi-annually.
(c) The director and/or his or her designee may require more frequent pumping upon
assessment or at his or her discretion.
(d) The director may change the frequency required upon formal written request.
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Section 19-231. Responsibilities of Disposers.
(a) A liquid waste disposer commits an offense if he allows accumulation of liquid
waste on his premises so that rainfall could carry the material to storm sewers or adjacent
property or create a noxious odor or potential health hazard.
(b) A liquid waste disposer shall:
(1) Obtain and maintain compliance with all licenses and/or permits required by
local, state or federal law;
(2) Accept waste only from a permitted transporter;
(3) Maintain trip ticket copies for a period of two (2) years;
(4) Accept only those classes of wastes authorized by license or permit;
(5) Make available all records required to be kept for inspection by the
regulatory authority during normal business hours.
Section 19-232. Denial, suspension, revocation of permit.
(a) The regulatory authority may deny a permit if it is determined that an applicant is not
qualified under this ordinance and may suspend or revoke a permit if it is determined that
a permittee:
(1) Is not qualified under this article;
(2) Has violated any provision of this article;
(3) Has failed to pay a required fee;
(4) Has failed to comply with maintenance or inspection requirements;
(5) Has failed to deliver the proper trip tickets to the regulatory authority as
required;
(6) The applicant, a partner of the applicant, a principal in the applicant’s
business, or applicant’s manager or operator has:
(A) Within the five (5) years preceding the date of the application been
convicted of a misdemeanor that is punishable by confinement and/or by a
fine exceeding five hundred dollars ($500.00), and which relates directly
to the duty or responsibility in operating a liquid waste transportation
business; or
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(B) Been convicted of a felony which relates directly to the duty or
responsibility in operating a liquid waste transportation business;
(7) The applicant fails to provide evidence of liability insurance or self
insurance;
(8) The application contains a false statement of a material fact.
(b) After suspension under this section, a permittee may file a request for reinstatement
of the permit. When the regulatory authority determines that the permittee is again
qualified, all violations have been corrected, precautions have been taken to prevent
future violations, and all required fees have been paid, he shall reinstate the permit.
(c) The regulatory authority may revoke for a period of one year or less all permits held
by a liquid waste transporter if the transporter or an employee of the transporter violates
any of the provisions of this article, or applicable provisions of the city code or state law.
(d) A permittee whose permit is suspended or revoked shall not collect, transport, or
dispose of any waste materials within the jurisdiction of the city.
(e) Any denial, revocation, or suspension of a permit by the city shall be reported to the
State Regulatory Authority. The city shall also report any violation notices or illegal
operations to said department.
Section 19-233. Appeal.
Any applicant aggrieved by the action of the regulatory authority with reference to the
revocation of a permit as provided in section 19-232 of this article shall have the right to
appeal to the Public Works director. Such appeal shall be taken by filing with the Public
Works director, within fourteen (14) days after notice of the action complained of has
been delivered in person or mailed to such person's address given in the application, a
written statement setting forth fully the grounds for the appeal. The Public Works director
shall set a time and place for a hearing on such appeal and notice of such hearing shall be
given to the appellant in the same manner as provided in section 19-232 of this chapter
for notice of hearing on revocation. The decision and order of the Public Works director
on such appeal shall be final and conclusive.
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Section 19-234. Right of Entry.
The city's representative(s) shall have the right to enter the premises of any person to
determine whether that person is compliance with all requirements of this article. Persons
shall allow inspecting or monitoring personnel ready access to all parts of the premises
for the purposes of inspection, monitoring, records examination and copying, and the
performance of any additional duties. Any information concerning a requirement under
this article shall be made readily available upon request.
(a) Where security measures are in force which requires proper identification and
clearance before entry into the premises, that person shall make necessary arrangements
with its security guards so that, upon presentation of suitable identification, the city's
representative will be permitted to enter without delay for the purposes of performing
specific responsibilities.
(b) The city's representatives shall have the right to set up on any person's property such
devices as are necessary to conduct monitoring of any person's operations.
(c) Unreasonable delays in allowing inspecting or monitoring personnel access to any
person's premises shall be a violation of this article.
Section 19-235. Abatement by City.
(a) In the event that an owner shall fail to comply with this article, the director or
designee may notify such owner by letter addressed to such owner at such owner's post
office address, or by publication as many as two (2) times within ten (10) consecutive
days in a local newspaper, if personal service may not be had on the owner, or the
owner's address is not known. The notification shall contain in brief terms the condition
or conditions which exist on such owner's premises which fail to comply with this article.
At the expiration of ten (10) days after issuance and receipt of the notification, or at the
end of ten (10) days after the final date of publication, the city may enter upon such
premises and may do such work as necessary, or cause the same to be done, to abate the
unlawful condition of the premises in order that the premises may comply with the
requirements of this article. A statement of the cost incurred by the city to abate such
condition shall be mailed to the owner of the premises and such statement shall be paid
within thirty (30) days of the date of the mailing of the statement of costs.
(b) In the event that an owner shall have an emergency condition, the fire chief, the
Public Works director, or their designees, may enter upon such premises and may do such
work as necessary, or cause the same to be done, to abate the condition in order that the
premises may comply with the requirements of this article. For the purposes of this
section, "emergency condition" shall be defined as any condition or conditions which are
or reasonably could be an immediate threat to the health, safety or welfare of the citizens
of the city or to the environment. A statement of the cost incurred by the city to abate
such condition shall be mailed to the owner of the premises and such statement shall be
paid within thirty (30) days of the date of the mailing of the statement of costs.
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(c) Any person found to be guilty of violating provisions of this article shall become
liable to the city for any expense, loss, or damage occasioned by the City for reason of
appropriate cleanup and proper disposal of said waste materials. Expenses will include
the rates paid by the City for the labor used in cleanup and disposal, a reasonable rental
rate for City equipment used in cleanup and disposal and an additionaladministrative fee
equal to fifteen percent (15%) of assessed cleanup costs up to a maximum of five
thousand dollars ($5000.00)
Section 19-237. Punishment—For violations; other remedies.
(a) The violation of any provision of this ordinance shall be deemed an offense and
punishable by a fine not exceeding $2,000.00, and each violation, and each day on which
there is a failure to comply with the terms of this division shall be and is hereby declared
to be a distinct and separate offense and punishable as such.
(b) If the director determines that a violation of this section is or might pose a threat to
public health or the environment or is egregious in nature the director may cause water
services to be terminated until a resolution has been made.
(c) Any person, firm, or corporation who obstructs, impedes, or interferes with a
representative of the City or with a representative of a City department, is guilty of a
misdemeanor and upon conviction is punishable by a fine as provided in section 1-8 of the
Code of Ordinances of the City of Southlake, or any amendment thereto or renumbering
thereof, for violations of public health for each act of violation and for each day of violation.
(d) In addition to proceeding under authority of subsections (a) and (b) of this section, the
City is entitled to pursue all criminal and civil remedies to which it is entitled under
authority of statutes or other ordinances against a person, firm, or corporation that remains
in violation of this article.
(e) The regulatory authority may cause to be impounded a vehicle which is being
operated in violation of this article, and he may authorize the holding of the vehicle until
the violation is corrected. The regulatory authority may also revoke the permit for the
improperly operated vehicle. If a vehicle is impounded or if a permit is revoked an appeal
may be filed by the transporter pursuant to section 19-233.
(f) In addition to prohibiting certain conduct by any person, it is the intent of this article
to hold a corporation or association legally responsible for prohibited conduct performed
by an agent acting in behalf of a corporation or association and within the scope of his
office or employment.
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Sec. 19-237. Administrative liability.
(a) No officer, agent, or employee of the City shall be personally liable for any damage that
may accrue to persons or property as a result of any act required or permitted in the
discharge of such person's duties under this article.
(b) Any suit brought against any officer, agent, or employee of the City as a result of any
act required or permitted in this discharge of such duties under this article shall be defended
by the City Attorney until the final determination of the proceedings therein.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of Ordinances of the City of Southlake, Texas, as amended, except where the
provisions of this ordinance are in direct conflict with the provisions of such ordinances
and such Code, in which event the conflicting provisions of such ordinances and such
Code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 4.
All rights and remedies of the City of Southlake are expressly saved as to any and
all violations of the provisions of any ordinances affecting curfew which have accrued at
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the time of the effective date of this ordinance; and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 5.
The City Secretary of the City of Southlake is hereby authorized to publish this
ordinance in book or pamphlet form for general distribution among the public, and the
operative provisions of this ordinance as so published shall be admissible in evidence in
all courts without further proof than the production thereof.
SECTION 6.
The City Secretary of the City of Southlake is hereby directed to publish caption,
penalty clause, and effective date clause in any manner allowed by law least once within
ten (10) days after the passage of this ordinance.
SECTION 7.
This Ordinance shall be in full force and effect form and after its passage and
publication as provided by law, and it is so ordained.
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PASSED AND APPROVED on the 1st reading the ____ day of
__________________, 2007.
__________________________
MAYOR
ATTEST:
__________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ____ day of
_________________, 2007.
__________________________
MAYOR
ATTEST:
__________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
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