code>Jerry A. Goodson: /* CHAPTER 5.80 – STREETS, DRAINAGE, AND CULVERTS */

2026-06-08T01:28:51Z

CHAPTER 5.80 – STREETS, DRAINAGE, AND CULVERTS

New page

= TITLE 5 – PUBLIC WORKS =

== CHAPTER 5.10 – BUILDING CODES ==

==== § 5.10.001 – Adoption of International Building Code ====
The International Building Code, 2012 Edition, is adopted as the building code of the City and shall govern the construction, alteration, enlargement, repair, movement, improvement, removal, conversion, demolition, occupancy, and maintenance of buildings and structures within the City.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.10.002 – Purpose ====
: (a) The purpose of this chapter is to protect the health, safety, and welfare of the citizens of the City by establishing minimum standards applicable to residential and nonresidential structures.

: (b) Minimum standards are established with respect to utilities, facilities, sanitation, maintenance, and structural integrity necessary to make buildings safe and fit for human occupancy.

: (c) Demolition of structures is authorized when compliance with minimum standards cannot reasonably be achieved.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.10.003 – Applicability ====
This chapter applies to all buildings, structures, and portions thereof intended or used for human habitation and all structures regulated by the adopted building code, whether existing on the effective date of this chapter or constructed thereafter.
: (a) Additions, alterations, and repairs shall comply with the building, plumbing, mechanical, electrical, and related construction codes adopted by the City.
: (b) Structures relocated into the City shall comply with requirements applicable to new construction.
: (c) Historic structures may be repaired, restored, rehabilitated, or altered in accordance with applicable code provisions.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.10.004 – Building Official ====
The Chief Building Official or designated representative shall administer and enforce all adopted construction codes.

The Building Official may:
: (a) Conduct inspections;
: (b) Interpret adopted codes;
: (c) Issue notices of violation;
: (d) Issue stop-work orders;
: (e) Require correction of unsafe conditions; and
: (f) Initiate enforcement proceedings authorized by this title.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.10.005 – Variances ====
: (a) The City Council may grant a variance from the strict application of building code requirements when literal enforcement would result in an unnecessary hardship.
: (b) A variance may be granted only upon competent evidence demonstrating that the variance will not adversely affect the safety or structural integrity of the building.
: (c) Financial hardship alone shall not constitute grounds for a variance.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.10.006 – Relationship to Zoning Regulations ====
Nothing in this chapter shall be construed to repeal, modify, supersede, or invalidate any zoning or land-use regulation adopted by the City.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

== CHAPTER 5.20 – BUILDING PERMITS AND INSPECTIONS ==

==== § 5.20.001 – Permit Required ====
: (a) No building, structure, or regulated improvement may be erected, enlarged, altered, repaired, moved, improved, removed, converted, or demolished without first obtaining the permit required by City ordinance.
: (b) A separate permit may be required for each structure, trade, or activity regulated by City ordinance.
: (c) Applications shall be accompanied by plans, surveys, site layouts, specifications, or other information required by the Chief Building Official.
: (d) Permit fees shall be assessed in accordance with the official City Fee Schedule adopted by reference in this Code.
: (e) Permits shall expire:
:: (1) sixty (60) days after issuance if work has not commenced; or,
:: (2) six (6) months after commencement unless extended by the City; or,
:: (3) upon completion of the permitted activity.

''(Ord. [[Hawk Cove:Ord_100-11|100-11]], Sep. 4, 2012); Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018; Ord. [[Hawk Cove:Ord 05-100|05-100]], Mar 31, 2023; Ord. [[Hawk Cove:Ord 100-11 Fee_Schedule|100-11 Fee Schedule]], Rev. 7 Mar. 21, 2023)''

==== § 5.20.002 – Inspections ====
All work requiring a permit shall be subject to inspection by the Chief Building Official, Code Official, or designated representative.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.20.003 – Certificate of Occupancy ====
No building or structure requiring a certificate of occupancy may be occupied until final inspection approval has been granted.

''(Ord. [[Hawk Cove:Ord 05-100|05-100]], Mar 31, 2023; Ord. [[Hawk Cove:Ord_100-11|100-11]], Sep. 4, 2012)''

==== § 5.20.004 – Authority of Building Official ====
The Chief Building Official or Code Official is authorized to interpret and enforce the provisions of this title and may conduct inspections as necessary to determine compliance.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.20.005 – Stop Work Orders ====
The Building Official may issue a stop-work order whenever work is being performed in violation of this title, an adopted construction code, permit condition, or administrative order.

No person shall continue work after issuance of a stop-work order except work specifically authorized to correct the violation.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]])''

==== § 5.20.006 – Permit Revocation ====
The Building Official may suspend or revoke a permit issued in error or obtained through misrepresentation, fraud, omission of material facts, or failure to comply with permit conditions.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]])''

== CHAPTER 5.30 – HOUSING STANDARDS ==

==== § 5.30.001 – Purpose ====
The purpose of this chapter is to establish minimum standards governing the occupancy, use, maintenance, repair, and continued habitability of residential structures within the City.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.30.002 – Scope ====
This chapter applies to all residential structures, dwelling units, accessory structures, and premises located within the City.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.30.003 – Definitions ====
Words and phrases used in this chapter shall have the meanings assigned by the adopted Building Code and Housing and Substandard Building Code.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.30.004 – Minimum Standards ====
All structures shall be maintained in a structurally sound condition and free from defects that may endanger occupants or the public.

Buildings shall maintain:
: (a) Structural integrity;
:: Foundations, exterior walls, roofs, and structural members shall be maintained in good repair and capable of safely supporting imposed loads.
: (b) Weather protection;
:: Buildings shall be weather-tight and maintained to prevent deterioration caused by water intrusion.
: (c) Sanitary facilities;
: (d) Safe electrical systems;
:: Electrical wiring, equipment, fixtures, and devices shall be maintained in safe operating condition.
: (e) Safe plumbing systems;
:: Required plumbing fixtures shall be maintained in sanitary and operating condition.
: (f) Safe means of egress; and
: (g) Safe occupancy conditions.
:: (1) All premises shall be maintained in a clean and sanitary condition.
:: (2) No structure shall be occupied in a manner that creates an unsafe, unsanitary, or overcrowded condition.
:: (3) Buildings intended for human occupancy shall contain heating facilities sufficient to maintain habitable indoor temperatures.
:: (4) Every dwelling or dwelling unit shall be provided with approved water, wastewater, electrical, and other utility services required by law.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.30.005 – Accessory Structures ====
Accessory structures shall be maintained in a safe condition and shall not constitute a nuisance or hazard.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.30.006 – Substandard Structures ====
A structure may be declared substandard whenever it violates:
: (a) This Code;
: (b) The International Building Code;
: (c) Any adopted construction code; or
: (d) Applicable state law.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]])''

==== § 5.30.007 – Variances ====
The City Council may grant variances in accordance with the adopted Building Code and Housing Code where strict compliance would create an unnecessary hardship and public safety is not compromised.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

== CHAPTER 5.40 – SUBSTANDARD AND DANGEROUS BUILDINGS ==

==== § 5.40.001 – Purpose ====
The purpose of this chapter is to protect the public health, safety, welfare, and property of the citizens of the City by establishing procedures for identifying, repairing, securing, vacating, removing, or demolishing substandard and dangerous buildings.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.40.002 – Public Nuisance Declared ====
Buildings and structures that are substandard, dangerous, unsecured, abandoned, dilapidated, unsafe, unsanitary, or otherwise unfit for human occupancy are hereby declared public nuisances.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.40.003 – Substandard Building Defined ====
A building shall be considered substandard when it:

: (a) Fails to comply with applicable building, housing, plumbing, electrical, mechanical, or fire codes;

: (b) Is damaged, deteriorated, decayed, or structurally weakened;

: (c) Lacks required sanitary facilities;

: (d) Constitutes a hazard to occupants or the public;

: (e) Is unfit for human habitation; or

: (f) Otherwise violates standards established by this title.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.40.004 – Dangerous Building Defined ====
A building shall be considered dangerous when it:

: (a) Creates a risk of collapse;

: (b) Contains structural deficiencies likely to cause injury;

: (c) Constitutes a fire hazard;

: (d) Endangers neighboring property;

: (e) Is unsecured and subject to unlawful entry; or

: (f) Otherwise presents an immediate or potential danger to life, health, or property.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.40.005 – Authority of Code Official ====
The Code Official may:
: (a) Conduct inspections;
: (b) Investigate complaints;
: (c) Issue notices of violation;
: (d) Issue administrative orders;
: (e) Recommend repair, vacation, securing, removal, or demolition;
: (f) Present evidence before the City Council.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.40.006 – Inspection Authority ====
The City may inspect structures and premises as authorized by law to determine compliance with this title.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.40.007 – Notice of Violation ====
When a violation is found, the Code Official shall provide written notice to the owner describing:

: (a) The property;

: (b) The violations observed;

: (c) Corrective actions required;

: (d) Compliance deadlines; and

: (e) Hearing rights.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.40.008 – Service of Notice ====
Notice may be served by:

: (a) Personal delivery;

: (b) Certified mail;

: (c) Posting on the property; or

: (d) Any method authorized by state law.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.40.009 – Administrative Orders ====
The Code Official may issue orders requiring:

: (a) Repair;

: (b) Cleanup;

: (c) Securing;

: (d) Vacation;

: (e) Removal of occupants;

: (f) Demolition.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.40.010 – Public Hearing Required ====
Before ordering demolition or substantial corrective action, the City Council shall conduct a public hearing.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.40.011 – Hearing Procedures ====
At the hearing:

: (a) City staff may present evidence;

: (b) Property owners may testify;

: (c) Witnesses may be heard;

: (d) Documents may be admitted;

: (e) The City Council shall determine whether violations exist.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.40.012 – Findings of Fact ====
The City Council shall make findings concerning:

: (a) The condition of the structure;

: (b) Applicable code violations;

: (c) Public health and safety impacts;

: (d) Appropriate corrective action.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.40.013 – Orders Following Hearing ====
Following a hearing, the City Council may:

: (a) Order repairs;

: (b) Order vacation;

: (c) Order securing;

: (d) Order demolition;

: (e) Establish compliance schedules.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.40.014 – Compliance Schedules ====
The City Council may establish reasonable deadlines based upon:

: (a) Severity of violations;

: (b) Cost of repairs;

: (c) Public safety concerns;

: (d) Weather conditions;

: (e) Contractor availability.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.40.015 – Failure to Comply ====
Failure to comply with an order issued under this chapter constitutes a violation of this Code.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.40.016 – Placarding Dangerous Structures ====
The Code Official may post warning placards upon dangerous or uninhabitable structures.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A Addendum]])''

==== § 5.40.017 – Removal of Placards Prohibited ====
No person shall remove, alter, destroy, conceal, or deface a placard except with authorization from the City.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A Addendum]])''

==== § 5.40.018 – Occupancy Prohibited ====
No person shall occupy a structure posted as dangerous, unsafe, or unfit for human habitation.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A Addendum]])''

==== § 5.40.019 – Emergency Conditions ====
Where an immediate threat exists to life or property, the City may take emergency action without prior hearing as authorized by law.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.40.020 – Emergency Securing Authority ====
The City may board, fence, secure, or otherwise protect dangerous structures presenting an immediate threat to public safety.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.40.021 – Emergency Demolition ====
The City may demolish a structure posing an immediate danger when authorized by applicable law.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.40.022 – City Abatement ====
If the owner fails to comply with a final order, the City may perform the required work.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.40.023 – Assessment of Costs ====
The City may assess all abatement, repair, securing, demolition, legal, administrative, engineering, and inspection costs against the property owner.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.40.024 – Recovery of Expenses ====
The City may recover expenses through:

: (a) Civil action;

: (b) Administrative assessment;

: (c) Property liens;

: (d) Any remedy authorized by law.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.40.025 – Judicial Review ====
Any person aggrieved by a final order may seek judicial review as provided by Texas law.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.40.026 – Cumulative Remedies ====
The remedies provided by this chapter are cumulative and do not limit any other remedy available to the City.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

== CHAPTER 5.41 – VACANT AND UNSECURED STRUCTURES ==

==== § 5.41.001 – Purpose ====
Vacant and unsecured structures are declared public nuisances and may be secured by the City.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.41.002 – Unsecured Structures ====
A structure is unsecured when unauthorized entry may occur through broken, missing, unlocked, or open doors, windows, or other openings.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.41.003 – Authority to Secure ====
The Building Official may secure vacant and unsecured structures to prevent unauthorized access.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.41.004 – Notice ====
Notice shall be provided to the owner following securing of a structure.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.41.005 – Placarding Dangerous Structures ====
The Building Official may post warning placards on dangerous or uninhabitable structures.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.41.006 – Occupancy Prohibited ====
No person shall occupy a structure posted as dangerous or uninhabitable.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

== CHAPTER 5.50 – WATER AND SEWER CONSTRUCTION ==

==== § 5.50.001 – Definitions ====

For purposes of this chapter, the following words and phrases shall have the meanings assigned unless the context clearly indicates otherwise:

: (a) '''Inspector''' means the representative of the City specifically assigned to inspect portions of the sanitary sewer system, including subdivision extensions and new construction, for compliance with approved plans, specifications, ordinances, and applicable regulations. The inspector shall have no authority to alter or waive applicable requirements.

: (b) '''Off-Site Facilities''' means sanitary sewer mains located outside the boundaries of a development, but required to connect the development to the existing municipal sewer system.

: (c) '''On-Site Facilities''' means sanitary sewer mains, lines, and appurtenances located within or surrounded by a single development and intended primarily to serve that development.

: (d) '''Owner''' means any person, firm, corporation, partnership, association, developer, contractor, engineer, builder, planner, agent, attorney-in-fact, manager, director, or other entity having ownership of, control over, responsibility for, or development authority concerning property regulated by this chapter.

: (e) '''Person''' means an individual, firm, partnership, corporation, association, governmental entity, or any other legal entity.

: (f) '''Residence''', '''Single-Family Residence''', '''Single-Family Residential Property''', '''Residential Lot''', or '''Residential Use''' means property, tract, lot, or structure used solely for residential occupancy.

: (g) '''Residential Customer''' means a customer occupying a single-family residence, duplex, individually metered townhouse, condominium unit, or similar residential property for utility billing purposes.

: (h) '''Sewer Service''' means that portion of a sewer connection extending from the municipal sewer main to the property line or right-of-way line and consisting of the service wye, tee, manhole connection, tapping saddle, and associated service piping.

: (i) '''Sanitary Sewer System''' means the municipal wastewater collection system, including sewer mains, service lines, manholes, lift stations, appurtenances, and related facilities owned, operated, or maintained by the City.

: (j) '''Service Line''' means the private sewer line extending from a structure to the point of connection with the municipal sewer system.

''(Ord. [[Hawk Cove:Ord_07-101|07-101]], Nov. 8, 2007)''

==== § 5.50.002 – Sewer Inspection Required ====
Any person installing a sanitary sewer line shall obtain inspection approval from the City's designated inspector before connection to the municipal sewer system.

''(Ord. [[Hawk Cove:Ord_07-101|07-101]], Nov. 8, 2007)''

==== § 5.50.003 – Installation Standards ====
All sanitary sewer lines and facilities shall be installed by a licensed plumber and constructed in accordance with applicable state regulations and City standards.

''(Ord. [[Hawk Cove:Ord_07-101|07-101]], Nov. 8, 2007)''

==== § 5.50.004 – Separate Connections Required ====
Each residential or commercial structure shall maintain a separate connection to the sewer system unless otherwise authorized by the City.

''(Ord. [[Hawk Cove:Ord_07-101|07-101]], Nov. 8, 2007)''

==== § 5.50.005 – Maintenance Responsibilities ====
Property owners are responsible for maintenance and repair of private sewer service lines serving their property.

''(Ord. [[Hawk Cove:Ord_07-101|07-101]], Nov. 8, 2007)''

==== § 5.50.006 – Unauthorized Taps Prohibited ====
No person other than a contractor authorized by the City shall tap or connect to a municipal sewer main.

''(Ord. [[Hawk Cove:Ord_07-101|07-101]], Nov. 8, 2007)''

==== § 5.50.007 – Construction Standards ====
All utility facilities regulated by this chapter shall be constructed in accordance with applicable municipal standards and all applicable state and federal regulations.

''(Ord. [[Hawk Cove:Ord 07-101|07-101]])''

==== § 5.50.008 – Inspections ====
The City may inspect utility construction at any reasonable stage of construction to determine compliance with approved plans, specifications, and applicable regulations.

''(Ord. [[Hawk Cove:Ord 07-101|07-101]])''

== CHAPTER 5.60 – SEWER SERVICE REGULATIONS ==

==== § 5.60.001 – Mandatory Sewer Connection ====
Owners and occupants of property located within two hundred (200) feet of an available municipal sewer line shall connect to the municipal wastewater system.

''(Ord. [[Hawk Cove:Ord_05-105|05-105]], Aug. 18, 2005)''

==== § 5.60.002 – Charges and Billing ====
Charges for sewer service shall be established by ordinance, fee schedule, or utility rate schedule adopted by the City Council.

''(Ord. [[Hawk Cove:Ord_05-105|05-105]], Aug. 18, 2005; Ord. [[Hawk Cove:Ord_06-104|06-104]], Jun. 29, 2006)''

==== § 5.60.003 – Delinquent Accounts ====
Utility charges become delinquent thirty (30) days after billing.

''(Ord. [[Hawk Cove:Ord_05-105|05-105]], Aug. 18, 2005)''

==== § 5.60.004 – Service Disconnection ====
Water service, sewer service, or both may be discontinued for nonpayment.

''(Ord. [[Hawk Cove:Ord_05-105|05-105]], Aug. 18, 2005)''

==== § 5.60.005 – Harmful Discharges Prohibited ====
No person shall discharge harmful substances into the municipal sewer system.

''(Ord. [[Hawk Cove:Ord 05-105 |05-105 Addendum]], Sep. 9, 2010)''

==== § 5.60.006 – Right of Entry ====
Authorized City employees may enter property at reasonable times for inspection, observation, measurement, sampling, testing, maintenance, and enforcement activities relating to the municipal wastewater system.

''(Ord. [[Hawk Cove:Ord 05-105|05-105]], Aug. 18, 2005)''

==== § 5.60.007 – Enforcement Authority ====
The Utilities Department and other authorized officials may enforce the provisions of this chapter and may seek administrative search warrants or other process authorized by law when necessary.

''(Ord. [[Hawk Cove:Ord 05-105|05-105]], Aug. 18, 2005)''

== CHAPTER 5.70 – UTILITY RATES AND CONNECTION FEES ==

==== § 5.70.001 – Utility Rate Authority ====
Utility rates, deposits, connection fees, reconnection fees, and service charges shall be established by ordinance or fee schedule adopted by the City Council.

''(Ord. [[Hawk Cove:Ord_06-104|06-104]], Jun. 29, 2006; Ord. [[Hawk Cove:Ord_100-11|100-11]], Sep. 4, 2012)''

==== § 5.70.002 – Sewer Deposits ====
Utility deposits may be required before service is initiated.

''(Ord. [[Hawk Cove:Ord_06-104|06-104]], Jun. 29, 2006)''

==== § 5.70.003 – Sewer Tap and Connection Fees ====
Sewer tap fees, connection fees, and installation charges shall be assessed according to the adopted utility fee schedule.

''(Ord. [[Hawk Cove:Ord_06-104|06-104]], Jun. 29, 2006; Ord. [[Hawk Cove:Ord_100-11_Fee_Schedule|100-11 Fee Schedule]], Rev. 7 Mar. 21, 2023)''

==== § 5.70.004 – Late Charges ====
Late fees may be assessed on delinquent utility accounts in accordance with the adopted fee schedule.

''(Ord. [[Hawk Cove:Ord_06-104|06-104 Addendum]], Jul. 1, 2013)''

==== § 5.70.005 – Reconnection Fees ====
Reconnection fees may be charged before utility service is restored following disconnection.

''(Ord. [[Hawk Cove:Ord_06-104|06-104]], Jun. 29, 2006; Ord. [[Hawk Cove:Ord_06-104|06-104 Addendum]], Jul. 1, 2013)''

== CHAPTER 5.80 – STREETS, DRAINAGE, AND CULVERTS ==

==== § 5.80.001 – Driveway Culverts Required ====
A culvert shall be installed for all driveway entrances where required by the City.

''(Ord. [[Hawk Cove:Ord_100-11_Fee_Schedule|100-11 Fee Schedule]], Rev. 7 Mar. 21, 2023)''

==== § 5.80.002 – Minimum Culvert Standards ====
Unless otherwise approved by the City, driveway culverts shall be a minimum of fifteen (15) inches in diameter and twenty (20) feet in length.

''(Ord. [[Hawk Cove:Ord_100-11_Fee_Schedule|100-11 Fee Schedule]], Rev. 7 Mar. 21, 2023)''

==== § 5.80.003 – Culvert Installation ====
Property owners may install culverts subject to City approval. Where installed by the City, installation charges shall be assessed in accordance with the adopted fee schedule.

''(Ord. [[Hawk Cove:Ord_100-11_Fee_Schedule|100-11 Fee Schedule]], Rev. 7 Mar. 21, 2023)''

==== § 5.80.004 – Driveway Access Required ====
Every principal residential structure shall maintain an approved driveway providing access from a public street.

''(Ord. [[Hawk Cove:Ord 05-100|05-100]], Rev. 4 Mar. 21, 2023)''

==== § 5.80.005 – Parking Areas ====
Residential property shall maintain sufficient driveway and parking area to accommodate not fewer than two vehicles.

''(Ord. [[Hawk Cove:Ord 05-100|05-100]], Rev. 4 Mar. 21, 2023)''

== CHAPTER 5.85 – MUNICIPAL UTILITIES ==

==== § 5.85.001 – Reserved ====
Reserved for future ordinances regulating municipal utility infrastructure and utility operations.

== CHAPTER 5.90 – ENFORCEMENT AND ABATEMENT ==

==== § 5.90.001 – Criminal Penalties ====
A person violating a provision of this title commits a misdemeanor offense and may be punished as authorized by law and the applicable ordinance.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018; Ord. [[Hawk Cove:Ord_07-101|07-101]], Nov. 8, 2007; Ord. [[Hawk Cove:Ord_05-105|05-105]], Aug. 18, 2005)''

==== § 5.90.002 – Civil Remedies ====
The City may pursue civil remedies, injunctions, nuisance abatement actions, and recovery of civil penalties as authorized by law.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.90.003 – Recovery of Costs ====
The City may recover costs incurred in securing, repairing, removing, demolishing, or abating dangerous structures or conditions.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

==== § 5.90.004 – Liens ====
The City may assess costs and impose liens in accordance with Chapter 5.95 of this Code.

==== § 5.90.005 – Judicial Review ====
Any owner, lien holder, or mortgagee aggrieved by a final order of the City Council may seek judicial review as provided by state law.

''(Ord. [[Hawk Cove:Ord_100-5A|100-5A]], Jul. 9, 2018)''

== CHAPTER 5.95 – MUNICIPAL ABATEMENT LIENS ==

==== § 5.95.001 – Purpose and Authority ====
This chapter establishes uniform procedures for the assessment, collection, and enforcement of municipal abatement expenses incurred by the City in correcting violations of this Code, including but not limited to dangerous buildings, substandard structures, unsecured structures, weeds, brush, rubbish, junk, trash, debris, stagnant water, and other nuisances.

This chapter shall be cumulative of all authority granted to the City by state law and other provisions of this Code.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]], Apr. 10, 2017; Ord. [[Hawk Cove:Ord 2015-007|2015-007]], Jun. 8, 2015)''

==== § 5.95.002 – Assessment of Costs ====
: (a) Whenever the City performs work authorized by this Code to secure, repair, remove, demolish, clean, mow, abate, or otherwise correct a violation, all expenses incurred shall be assessed against the responsible owner.

: (b) Recoverable costs may include:

:: (1) Labor;

:: (2) Equipment;

:: (3) Materials;

:: (4) Contractor expenses;

:: (5) Administrative expenses;

:: (6) Inspection costs;

:: (7) Publication costs;

:: (8) Recording fees;

:: (9) Legal expenses where authorized by law; and

:: (10) Any other expense reasonably incurred in obtaining compliance.

: (c) Assessment of costs under this chapter shall not preclude criminal prosecution, civil remedies, or other enforcement authorized by law.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]]; Ord. [[Hawk Cove:Ord 2015-007|2015-007]])''

==== § 5.95.003 – Notice of Charges ====
: (a) Following completion of abatement work, the City shall provide written notice of charges to the owner.

: (b) The notice shall contain:

:: (1) A description of the property;

:: (2) A description of the work performed;

:: (3) An itemized statement of costs incurred;

:: (4) The amount due; and

:: (5) The deadline for payment.

: (c) Notice may be provided in any manner authorized by state law or by other provisions of this Code.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]]; Ord. [[Hawk Cove:Ord 2015-007|2015-007]])''

==== § 5.95.004 – Personal Liability ====
The owner of the property shall be personally liable for all charges assessed pursuant to this chapter.

Such liability shall exist independently of any lien filed against the property.

''(Ord. [[Hawk Cove:Ord 2015-007|2015-007]])''

==== § 5.95.005 – Filing of Lien ====
: (a) If assessed charges remain unpaid after the period stated in the notice of charges, the City may file a lien against the property.

: (b) The lien shall be evidenced by a statement filed in the Official Public Records of Hunt County, Texas.

: (c) The statement shall contain:

:: (1) The name of the owner, if known;

:: (2) A legal description of the property;

:: (3) The amount owed;

:: (4) A description of the work performed; and

:: (5) Any other information required by law.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]]; Ord. [[Hawk Cove:Ord 2015-007|2015-007]])''

==== § 5.95.006 – Priority of Lien ====
A lien established pursuant to this chapter shall be a privileged lien against the property and shall be subordinate only to tax liens and other liens having priority under state law.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]]; Ord. [[Hawk Cove:Ord 2015-007|2015-007]])''

==== § 5.95.007 – Interest ====
: (a) Unpaid charges secured by a lien shall accrue interest at the rate of ten percent (10%) per annum unless a different rate is required by state law.

: (b) Interest shall begin accruing on the date specified in the notice of charges.

''(Ord. [[Hawk Cove:Ord 2015-007|2015-007]])''

==== § 5.95.008 – Collection and Foreclosure ====
: (a) The City may bring suit to recover assessed charges.

: (b) The City may foreclose a lien established under this chapter in the manner authorized by state law.

: (c) The City may pursue personal liability, foreclosure, or both.

''(Ord. [[Hawk Cove:Ord 2015-007|2015-007]])''

==== § 5.95.009 – Release of Lien ====
Upon payment in full of all charges, interest, and fees secured by a lien under this chapter, the City shall execute and record a release of lien.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]]; Ord. [[Hawk Cove:Ord 2015-007|2015-007]])''

==== § 5.95.010 – Cumulative Remedies ====
The remedies provided by this chapter are cumulative and shall not prevent the City from pursuing any other remedy authorized by state law, ordinance, or equity.

''(Ord. [[Hawk Cove:Ord 100-5A|100-5A]]; Ord. [[Hawk Cove:Ord 2015-007|2015-007]])''

[[ CATEGORY: HAWK COVE ]] __NOTOC__

Hawk Cove:Title 5 - Revision history

Jgoodson: 1 revision imported

code>Jerry A. Goodson: /* CHAPTER 5.80 – STREETS, DRAINAGE, AND CULVERTS */

← Older revision	Revision as of 21:12, 13 October 2026
(No difference)