§§ 35-101—35-130 RESERVED.

ARTICLE V: PRIVATE SEWAGE DISPOSAL

§ 35-131 APPROVAL PREREQUISITE TO ISSUANCE OF A BUILDING PERMIT.

   No building permit shall be issued for the erection of any building upon real property within the city unless the applicant for the building permit gives the particular agency or department to which application is being made sufficient proof of the type of approved excreta disposal system to be used for the structure.

(1964 Code, § 19-407) (Ord. 11146, § 1, passed 8-11-1992)

§ 35-132 PERMITS FOR ON-SITE SEWAGE DISPOSAL SYSTEMS OTHER THAN SANITARY SEWERS; DELEGATION OF AUTHORITY TO ANOTHER GOVERNMENTAL ENTITY.

   (a)   No on-site sewage disposal system, as defined in Tex. Health and Safety Code Chapter 366, shall be constructed, covered or used until a permit shall have been issued by the director of the city department of public health or other governmental entity authorized to do so by the city council. The director or the authorized entity shall inspect all on-site sewage disposal systems for compliance with all local and state regulations. No on-site sewage disposal system shall be covered or used until it has been inspected and approved by the director of the city department of public health or such other governmental entity authorized by the city council. All inspection and permitting authority prescribed herein shall include the enforcement of all local and state regulations governing on-site sewage disposal systems.

   (b)   The city, upon approval and authorization by the city council, may enter into an agreement with another local governmental entity authorizing said other governmental entity to perform all or a portion of the inspection and permitting functions described in this section in place of the director of the city department of public health. If the city council does authorize another governmental entity to assume the said functions, such entity shall retain those functions exclusively until the city council expressly terminates such authority and responsibility. Provided, however, that the city shall retain exclusive responsibility for inspection and permitting of on-site sewage disposal systems in the Lake Worth watershed area.

(1964 Code, § 19-408) (Ord. 11146, § 1, passed 8-11-1992)

§ 35-133 WITHHOLDING PERMIT UPON DETERMINATION OF ADVERSE HEALTH EFFECT.

   A permit for an on-site sewage disposal system may be withheld if the director or authorized entity determines that operation or location of the particular on-site sewage disposal system would adversely affect the public health.

(1964 Code, § 19-409) (Ord. 11146, § 1, passed 8-11-1992)