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 Terrell
 Code of Ordinances
 CODE OF ORDINANCES
 Chapter 12. UTILITIES
 Article I. IN GENERAL

§ 12-1. Mandatory connections.  

Latest version.

  • (a)

    It shall be unlawful for any person owning property within 200 feet of any sanitary sewer line within and belonging to the city to construct, use, maintain or permit to be constructed, used or maintained, on or about such property, any septic tank, privy, cesspool, water closet, urinal, slop sink, slop drain, bathtub, waste drain or any other apparatus, appliance, equipment or thing of any kind, used, or to be used, for the purpose of receiving or removing sewage matter or slop of any kind, unless the same is connected with the sanitary sewer system of the city.

    (b)

    It shall be unlawful for any person owning property within 200 feet of any water line within and belonging to the city to construct, use maintain, or permit to be constructed, used or maintained on or about such property, any water using or dispensing devise, apparatus, equipment or thing of any kind used, or to be used, to supply water consumed by persons directly or indirectly unless same is connected with the potable water system of the city.

    (c)

    If any person owning improved property within 200 feet of any water or sewer line of the city shall fail or refuse to make the connections required by subsection (a), the city shall have the right to make such connections and charge the cost of same, including labor and material necessarily used, as well as any other expenses connected therewith, against such property owner, who shall be personally liable for the payment thereof. To secure the payment of such costs, the city shall have a lien against the property on which the connections were made.

    (d)

    Civil and criminal penalties. The city shall have the power to administer and enforce the provisions of this section as may be required by governing law. Any person violating any provision of this section is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this section is hereby declared to be a nuisance.

    (1)

    Criminal prosecution. The director of municipal development and/or any code enforcement official of the city shall have the authority to issue citations for failure to comply with the terms of this section. Any person violating any provision of this section shall, upon conviction, be fined a sum not exceeding $200.00. Each day that a provision of this section is violated shall constitute a separate offense. An offense under this section is a Class C Misdemeanor.

    (2)

    Civil remedies. Nothing in this section shall be construed as a waiver of the right of the city to bring action to enforce the provisions of this section and to seek remedies allowed by law, including, but not limited to, the following:

    a.

    Injunctive relief to prevent specific conduct that violates the section or to require specific conduct that is necessary for compliance with the section; and

    b.

    A civil penalty of up to $200.00 per day when it is shown that the defendant was actually notified of the provisions of the section and after receiving notice committed acts in violation of the section or failed to take action necessary for compliance with the section; and other available relief.

(Code 1968, § 25-1; Ord. No. 2665, arts. I, III, 6-7-16 )