ORD 783 12/12/2006 THE INTERNATIONAL PRIVATE SEWAGE DISPOSAL CODE ORDINANCE NO. 7 8 3
AN ORDINANCE OF THE CITY OF CIBOLO ADOPTING THE 2006 EDITION
OF THE INTERNATIONAL PRIVATE SEWAGE DISPOSAL CODE,
REGULATING AND GOVERNING THE DESIGN, CONSTRUCTION,
QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION,
REPAIR, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, USE
OR MAINTENANCE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEMS IN
THE CITY OF CIBOLO; PROVIDING FOR PENALTIES FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE ISSUANCE OF
PERMITS AND COLLECTION OF FEES THEREFOR; REPEALING
ORDINANCE NO. 545 OF THE CITY OF CIBOLO AND THAT THIS
ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE
CITY NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE.
WHEREAS,the City of Cibolo is a Home Rule Municipality located in Guadalupe County, Texas, created
in accordance with provisions of the Texas Local Government Code and operating pursuant to its adopted
City Charter and all applicable laws and enabling legislation of the State of Texas;and
WHEREAS, the City of Cibolo is governed by a Home Rule Charter that was approved by the Citizens of
Cibolo in a duly called election held on September 11, 2004;and
WHEREAS, Chapter 54.001 of the Texas Local Government Code provides the general authority for the
City of Cibolo to enforce each rule, ordinance, or police regulation of the City of Cibolo and to punish a
violation of a rule, ordinance, or police regulation; and
WHEREAS, the City of Cibolo, Texas seeks to regulate and govern the safeguarding of life'and property
by governing the design, construction, quality of materials, erection, installation, alteration, repair,
location, relocation, replacement, addition to, use or maintenance of individual sewage disposal systems
in the City of Cibolo, and from conditions hazardous to life or property in the occupancy of buildings and
premises in the City of Cibolo.
The City Council of the City of Cibolo does ordain as follows:
Section 1. That a certain document, three (3) copies of which are on file in the office of the Building
Official of Cibolo, being marked and designated as the International Private Sewage Disposal Code,
2006 edition, Appendix Chapters not adopted, as published by the International Code Council, be and is
hereby adopted as the Private Sewage Disposal Code of the City of Cibolo, in the State of Texas
regulating and governing the design, construction, quality of materials, erection, installation, alteration,
repair, location, relocation, replacement, addition to, use or maintenance of individual sewage disposal
systems as herein provided;providing for the issuance of permits and collection of fees therefor; and each
and all of the regulations, provisions, penalties, conditions and terms of said Private Sewage Disposal
Code on file in the office of the Building Official of the City of Cibolo are hereby referred to, adopted,
and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and
changes,if any,prescribed in Section 2 and 3 of this ordinance.
Section 2. That all pressure gauges installed or used for testing shall have the working range in the
middle third of the gauges minimum and maximum pressure ends.
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Section 3. That the following sections and/or sub-sections are hereby revised to read as follows:
Section 101.1 Title. These regulations shall be known as the Private Sewage Disposal Code of
Cibolo hereinafter referred to as"this code."
Section 101.3 Public sewer connection. Where public sewers become available to the premises
served, the building sewer shall be disconnected from the private sewage disposal system and
connected to the public sewer only when required by ordinance by the City of Cibolo.
Section 101.4 Abandoned systems. All abandoned private sewage disposal systems shall be
plugged or capped in an approved manner. All abandoned treatment tanks and seepage pits shall
have the contents pumped and discarded in an approved manner.
Section 101.5 Failing system. When a private sewage disposal system fails or malfunctions, the
system shall be corrected immediately if the system is connected to an occupied structure or use
of the system shall be discontinued within that period of time required by the code official, but
such period shall not exceed 1 year.
Section 106.1 When required. Work on a private sewage disposal system shall not commence
until a permit for such work has been issued by the code official or in accordance with the
Interlocal Agreement between the City of Cibolo and Guadalupe County.
Section 106.2 Application for permit. Each application for a permit, shall be in accordance with
the Interlocal Agreement between the City of Cibolo and Guadalupe County, with the required
fee, shall be filed with the code official or in accordance with the Interlocal Agreement between
the City of Cibolo and Guadalupe County, on a form furnished for that purpose and shall contain
a general description of the proposed work and its location. The application shall contain a
description of the type of system, the system location, the occupancy of all parts of the structure
and all portions of the site or lot not covered by the structure, and such additional information as
required by the code official. The maximum number of bedrooms for residential occupancies
shall be indicated.
Section 106.4.2 Fee schedule. The fees for all private sewage disposal work shall be as indicated
in the following schedule:
Shall be collected in accordance with the City of Cibolo's Interlocal Agreement with
Guadalupe County or as set forth in the City of Cibolo's Fee Schedule.
Section 106.4.3 Fee refunds. Shall be collected in accordance with the City of Cibolo's
Interlocal Agreement with Guadalupe County or where authorized the code official shall
authorize the refunding of fees as follows:
1. The full amount of any fee paid hereunder that was erroneously paid or collected.
2. Not more than fifty (50%) percent of the permit fee paid when no work has been done
under a permit issued in accordance with this code.
3. Not more than fifty (50%) percent of the plan review fee paid when an application for a
peuuit for which a plan review fee has been paid is withdrawn or canceled before any plan
review effort has been expended.
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The code official shall not authorize the refunding of any fee paid except upon written
application filed by the original permittee no later than 180 days after the date of fee payment.
Section 108.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect,
construct, alter, repair, remove, demolish or utilize any private sewage disposal system, or
discharge sewage in a manner not approved by the code official, or cause same to be done, in
conflict with or in violation of any of the provisions of this code.
Section 108.4 Violation penalties. Any person who shall violate a provision of this code or shall
fail to comply with any, of the requirements thereof or who shall erect, install, alter or repair
private sewage disposal, or discharge sewage in a manner not approved by state laws and
regulations, local laws and regulations, or the code official, work in violation of the approved
construction documents or directive of the code official, or of a permit or certificate issued under
the provisions of this code, shall be guilty, of a Class C Misdemeanor,punishable by a fine of not
more than $2,000.00 dollars. Each day that a violation continues after due notice has been served
shall be deemed a separate offense.
Section 108.5 Stop work orders. Upon notice from the code official, work on any private
sewage disposal system that is being done contrary to the provisions of this code or in a
dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be
given to the owner of the property, or to the owner's agent, or to the person doing the work. The
notice shall state the conditions under which work is authorized to resume. Where an emergency
exists, the code official shall not be required to give a written notice prior to stopping the work.
Any person who shall continue any work on the system after having been served with a stop work
order, except such work as that person is directed to perform to remove a violation or unsafe
condition, shall be liable to a fine of not less than$100.00 dollars or more than$2,000.00 dollars.
Section 109.2 Membership of board. The City Council may act as the board of appeals, or the
board of appeals shall consist of five members appointed by the chief appointing authority as
follows: one for 5 years, one for 4 years, one for 3 years, one for 2 years and one for 1 year.
There after, each new member shall serve for 5 years or until a successor has been appointed.
Section 405.2.5 Observations. The first observation shall be as required by the Texas
Commission on Environmental Quality or in accordance with the Interlocal Agreement between
the City of Cibolo and Guadalupe County, or if allowed by the code official made on or before 3
days. Observations shall be made thereafter every 7 days or less until 30 days or until the site is
determined to be unacceptable, whichever occurs first. Where water is observed above the
critical depth at any time, an observation shall be made 1 week later. Where water is present
above the critical depth at both observations, monitoring shall cease and the site shall be
considered unacceptable. Where water is not present above the critical depth at the second
observation, monitoring shall continue until 14 days. Where any two observations 7 days apart
show the presence of water above the critical depth, the site shall be considered unacceptable and
the code official shall be notified in writing. When rainfall of 0.5 inch(12.7 mm) or more occurs
in a 24-hour period during monitoring, observations shall be made at more frequent intervals,
where necessary.
Section 405.2.6 Reporting data. Where monitoring shows saturated conditions, the following
data shall be submitted in writing: test locations; ground elevations at the wells; soil profile
descriptions; soil series, if available from soil maps; dates observed; depths to observed water;
and local precipitation data as required by the Texas Commission on Environmental Quality or
in accordance with the Interlocal Agreement between the City of Cibolo and Guadalupe County.
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Where monitoring discloses that the site is acceptable, the following data shall be submitted in
writing: location and depth of test holes, ground elevations at the wells and soil profile
descriptions; soil series, if available from soil maps; dates observed; results of observations;
information on artificial drainage; and local precipitation data - as required by the Texas
Commission on Environmental Quality or in accordance with the Interlocal Agreement between
the City of Cibolo and Guadalupe County. A request to install a soil absorption system shall be
made in accordance with Section 106.
Section 4. That Ordinance No. 545 of City of Cibolo entitled the International Private Sewage Disposal
Code is hereby repealed.
Section 5. That this ordinance shall be cumulative of all provisions,of the City of Cibolo, Texas, except
where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in
which event the more restrictive provision shall apply.
Section 6. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason,
held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this ordinance, and each section,
subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional.
Section 7. That nothing in this ordinance or in the Private Sewage Disposal Code hereby adopted shall be
construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing,under any act or ordinance hereby repealed
as cited in Section 4 of this ordinance;nor shall any just or legal right or remedy of any character be lost,
impaired or affected by this ordinance.
Section 8. That the City Secretary is hereby ordered and directed to cause this ordinance to be published.
Section 9. That this ordinance and the rules, regulations, provisions, requirements, orders and matters
established and adopted hereby shall take effect and be in full force and effective immediately upon the
passage and approval of the City Council of the City of Cibolo,Texas.
AND IT IS SO ORDAINED.
PASSED AND APPROVED by a vote of 5 for to°against this /- day of aPce6. P,;2006.
APPRO
/ Jo utton,Mayor
AIThST:
Peggy Cimics, City Secretary
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