§ 58-206. Violation of minimum standards for aquatic structures.  


Latest version.
  • (a)

    In the event of a violation of the minimum standards established by this article, the health authority shall provide written notice to the operator to abate, remove, or otherwise remedy the violation immediately. The notice shall be given:

    (1)

    By personal hand delivery to the operator;

    (2)

    By letter addressed to the operator at the operator's post office address and sent by certified mail, return receipt requested; or

    (3)

    If personal service cannot be obtained or the operator's post office address is unknown:

    a.

    By posting the notice on or near the front door of each building on the property to which the violation relates; or

    b.

    By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates if the property contains no buildings.

    (b)

    If the operator does not abate, remove or remedy the violation within ten days of service or posting of a notice under this section, the health authority may enter the property where the violation is occurring and perform any work necessary to protect the public health, safety and welfare.

    (c)

    Notwithstanding the notice provisions of this section, upon any determination that the immediate abatement of a violation is necessary to protect the public health, safety or welfare, the health authority may enter the property where the violation is occurring and perform or cause to be performed any work necessary to protect the public health, safety and welfare.

    (d)

    Pursuant to the authority granted by V.T.C.A., Health and Safety Code ch. 342, the city may charge all costs incurred by the city under this section in remediating water quality issues, including the cost of providing notice as required, to the owner of the property. The city may assess the expenses against the property where the work was performed and obtain a lien against the property in accordance with the procedure established in V.T.C.A., Health and Safety Code ch. 342.

    (e)

    The remedy provided by this section is in addition to all other remedies available under this article or as otherwise provided by the Code or state or federal law.

(Ord. No. O-05-16 , § I, 3-14-2016)