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Home My WebLink AboutPO 7384: AMENDING CHAPTER 94, ARTICLE I, BY ADDING SECTION 94.9 REGULATING THE OBSTRUCTION OF ALLEYS, RIGHTS OF WAY AND UTILITY EASEMENTS City of www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: November 25, 2025 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Calvin Matthews, P.E., Water Utilities Director RE: P.O. No. 7384—Amending Chapter 94,Article I,by Adding Section 94.9 Regulating the Obstruction of Alleys, Rights-of-Way and Utility Easements Introduction: The intent of this Agenda Item is to seek the City Council's approval to adopt the proposed ordinance strengthening regulations that prohibit the obstruction of alleys, rights-of-way and utility easements. Background: The City regularly requires access to alleys, rights-of-way, and utility easements for service operations and maintenance. Obstructions in these areas interfere with routine utility and service work. The proposed ordinance is intended to strengthen existing code provisions, providing adequate enforcement tools to address encroachments or obstructions and improve public safety by ensuring reliable service operations and utility maintenance Budget Impact: There is no budgetary impact for the adoption of this proposed ordinance. Recommendation: It is recommended that City Council adopt Proposed Ordinance No. 7384 as described/outlined above. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.O. No. 7384 11/25/25 ht ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 94, ARTICLE I OF THE CITY OF PORT ARTHUR CODE OF ORDINANCES BY ADDING SECTION 94.9 AS IT PERTAINS TO OBSTRUCTING ALLEYS,RIGHTS -OF-WAY AND UTILITY EASEMENTS WHEREAS, the City seeks to ensure that all alleys, rights-of-way and utility easements remain unobstructed and fully accessible for public use, emergency response, utility services, and necessary municipal functions, and finds it necessary to establish and enforce regulations prohibiting the placement or maintenance of any object that encroaches upon or impedes the free passage and lawful use of these public corridors; and WHEREAS, Section 94.9 authorizes the City to issue written notice, remove unlawful obstructions, assess associated costs and pursue misdemeanor enforcement when necessary; and WHEREAS,it is in the best interest of the City to adopt and enforce regulations that ensure compliance and promote the safe and proper use of public access corridors. NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That Chapter 94, Article I of the City of Port Arthur Code of Ordinances is hereby amended by adding Section 94.9, titled Obstructing Alleys, Rights-of-Way and Utility Easements, as provided in Exhibit"A", attached hereto and incorporated herein for all purposes; and Section 3. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. Section 4. Savings Clause. This Ordinance shall be cumulative of all other ordinances of the City and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this Ordinance. Provided, however, that the repeal of such ordinances or part of such ordinances, and the amendments and changes made by this Ordinance, shall not affect any right,property,or claim which was or is vested in the City, or any act done, or right accruing or accrued,or established,or any suit, action or proceeding had or commenced before the time when this Ordinance shall take effect;nor shall said repeals,amendments or changes affect any offense committed,or any penalty or forfeiture incurred, or any suit or prosecution pending at the time when this Ordinance shall take effect under any of the ordinances or sections thereof or repealed, amended or changed; and to that extent and for that purpose the provisions of each ordinances or parts of such ordinances shall be deemed to remain and continue in full force and effect. Section 5. Severability Clause. That should any part, sentence, or phrase of this Ordinance is determined to be unlawful, void, or unenforceable, the validity of the remaining portions of this Ordinance shall not be adversely affected. No portion of this Ordinance shall fail or become inoperative by reason of the invalidity of any other part. All provisions of this Ordinance are declared to be severable Section 6. Effective Date. This Ordinance shall be published at least once within ten days after its final passage in the official newspaper of the City of Port Arthur and shall become effective immediately upon passage. READ, ADOPTED AND APPROVED on this day of A.D., 2025, at a Regular Meeting of the City Council of the City of Port Arthur, Texas,by the following vote: AYES: Mayor: Councilmembers: NOES: CITY OF PORT ARTHUR: Charlotte M. Moses, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney APPROVED FOR ADMINISTRATION: • Ronald B ', % PM, City M. ..ger Exhibit "A" Exhibit "A" EXHIBIT A CHAPTER 94. STREETS,SIDEWALKS,AND OTHER PUBLIC PLACES. ARTICLE I. IN GENERAL SECTION 94.9 OBSTRUCTING ALLEYS, RIGHTS-OF-WAY AND UTILITY EASEMENTS This section shall be known and cited as obstruction of alleys, rights-of-way and utility easements. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Alley. A public or private right-of-way that is used only for secondary access to individual properties that would otherwise have their primary access from an adjacent public street. Right-of-way. A strip of land taken or dedicated for the use as a public way or such use as set forth in the instrument establishing the right-of-way. Utility Easement.A legal right that allows utility companies and service providers to access, install, maintain, and repair utility lines or equipment on private property. (a) Encroaching on or Obstructing Alleys, Rights-Of-Way and Utility Easements. (1) It shall be unlawful for any person to place, maintain, or cause to be placed or maintained any object in such a manner as to encroach upon or obstruct any portion of an alley, right-of-way or utility easement to the degree that the object impedes the free passage on and use of the entire width of the alley or right of way or impedes a utility company or service providers to access, install, maintain or repair utility lines or equipment on private property. (A) For purposes of this section, it shall be presumed that the owner,occupant, or operator of a property located adjacent to the obstruction has placed or is maintaining the obstruction. (2) This section does not apply to: (A) Vehicles lawfully traveling on, or parked or stopped in or upon,the alley; (B) Signs, barricades, or other traffic-control devices lawfully in place; (C) Objects lawfully in place for the purpose of providing utilities or governmental services, such as utility lines, fire hoses, or waste collection containers; or (D) Any other object otherwise permitted or required by law to encroach upon or obstruct the alley, right or way, or utility easement. 1 IPage SUBJECT TO REVIEW AND APPROVAL AT 12/16/25 CITY COUNCIL MEETING (b) Notice of Violations. (1) Whenever a code enforcement officer determines that any violation of this section has occurred, he shall send a written notice to the violator. (2) In addition to the written notice,the code enforcement officer may also post notice on the obstruction itself. (3) The notice must state that the violation must be corrected and removed not later than the tenth (10th) day after the date of the notice. (c) Remedies, Expenses,and Citation. (1) If the violation is not corrected or remedied within ten (10) days following the date of the notice required by this section,the code enforcement officer is authorized to correct or remove the violation. If the obstruction can be removed without being destroyed, the city will store the removed object for thirty (30) days, after which it shall be disposed of pursuant to state law.The cost of correction, removal,storage, and/or disposal, including all staff hours used to accomplish same, shall be assessed against the violator. Payment of such expenses shall not relieve any person from prosecution for a violation of this ordinance. (A) The city shall be permitted to collect expenses by any means permitted under state law. (2) The code enforcement officer may issue a citation or summons to a person in charge of property within the city limits who violates this ordinance. A person receiving a citation or summons who is convicted of violating any provision of this ordinance shall be guilty of a Class C misdemeanor. Each day the violation continues shall be considered a separate offense. Such remedy under this section is in addition to the abatement restitution. (3) This section shall not be construed to limit the authority granted by any other law for a police officer or other authorized person to remove an object that is obstructing an alley, right-of-way or utility easement. (4) The court may order abatement and removal of the source of an obstruction or encroachment on conviction of an offense under this ordinance. (d) Repeat Violations. The code enforcement officer shall inform the violator, in the written notice to abate,that if the violator commits another violation of the same kind on or before the first anniversary (12 months) of the date of the notice, the code enforcement officer without further notice may correct the violation as provided in this section. 2IPage SUBJECT TO REVIEW AND APPROVAL AT 12/16/25 CITY COUNCIL MEETING