§ 95.07  BULKHEADS ABUTTING ARTIFICIAL WATERWAYS; CONSTRUCTION AND MAINTENANCE; EXCEPTIONS.
   (A)   It shall be unlawful for the owner or occupant of any real property abutting on a navigable artificial waterway in the city, not having a bulkhead, to fail to construct thereon a bulkhead adequate to prevent soil from eroding into such waterway after receiving written notice to do so from the Building Official.
   (B)   It shall be unlawful for the owner or occupant of any real property abutting on a navigable artificial waterway in the city, having a bulkhead, to fail to maintain such bulkhead in a manner that:
      (1)   Prevents soil from such real property eroding into such waterway;
      (2)   Does not block the flow from a storm sewer or cause a storm sewer to be blocked, either partially or completely by a buildup of silt or debris; and
      (3)   Denies access to water which may accumulate behind such bulkhead.
   (C)   Division (B) shall apply to bulkheads existing on the date the ordinance adopting this section is adopted and to any bulkheads thereafter constructed.
   (D)   In any prosecution for a violation of division (B)(3), it shall be an affirmative defense if filling behind a bulkhead abutting the real property in question has been forbidden by any state or federal agency.
   (E)   It is an exception to the application of this section if the navigable artificial waterway in question is (1) the Gulf Intracoastal Waterway or (2) intersects the Brazos River or the Brazos River Diversion Channel or (3) surrounded by vacant land in a single ownership until any of such land is developed.
(Ord. 2004-2036, passed 1-20-04)