COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: William H. Williams ~ OFFICE: Commissioner, Pct. 2 MEETING DATE: Apri123, 2001 \r '~ TIME PREFERRED: SUBJECT: (Please be specific) FOR DISCUSSION ONLY. Can the County include in either its Subdvision Rules and Regulations (Sec. 5.03) and/or its OSSF Regulations, (Sec. 10), a provision requving OSSF application and installation on a property within a platted subdivision prior to utilities being turned on to said property? EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Commissioner, Pct. 2., Bill Williams and County Attorney Travis Lucas ESTIMATED LENGTH OF PRESENTATION: 10 mins. IF PERSONNEL MATTER NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court. MEMORANDUM April 1Q 2001 To: David Motley, County Attorney From: William H. Williams, Commissioner Pct. 2 Subject: New residence occupancy prior to septic facilities installation and licensing. Presented herewith is a recurring situation for which I need advise and assistance: Indian Hills, is a platted subdivision located off Hwy 16 and Madrorma Road. The most recent complaint (copy of a-mail attached) cites another manufactured home placed on a lot, and people moving into same without benefit of sewage disposal. The first complaint of this nature had a large family living in their new manufactured home with porta-potty placed outside, and temporary piping extended from the house superstructure to displace untreated grey water onto their lot. In the initial complaint, the local water company completed water service to the property before application for OSSF has been filed. The porta-potty remained in use for several weeks until septic tank installation was completed and the system inspected. I have another azea within precinct 2 that is even more notorious than the one cited above. That would be Hill River Estates located in the eastern part of the precinct, where the turnover of occupants on lots sold on contracts of sale aze constant. In most of these instances, septic is either not installed, not licensed, nor application for same filed. My questions are these: 1. Can Commissioners Court adopt regulations requiring its Designated (OSSF) Representative to issue a Certificate of Occupancy only after final inspection of a septic facility, but prior to an owner moving into a dwelling? 2. If the answer to the fast question is negative, can Commissioners Court adopt regulations preverrting the turn-on of utilities, most importantly water, when water is dehvered through a public water system, and/or electricity when manufactured home is placed in a location other than a platted subdivision, pending installation and final inspection of a septic facility? 3. If the answer to the second question is negative, what authority does the Court have to deal with these recurring situations? Your consideration and response to these questions will be greatly appreciated. WHW c County Judge and Commissioners KERR COUNTY ATTORNEY DAVID M. MOTLEY COUNTY COURTHOUSE, SUITE BA-103 700 MAIN STREET KERRVILLE, TEXAS 78028 KERR COUNTY ATTORNEY OPINION 12 April 2001 To: Bill Williams, Kerr County Commissioner, Pct. 2 From: David Motley, Kerr County Attorney Travis Lucas, Assistant Kerr County Attorney RE: New Residence Occupancy Prior to OSSF Installation and Licensing You ask several questions regarding county authority to regulate solid waste as it relates to land use. The answers to your questions present the problem most counties are currently facing; lack of regulatory authority. Ql: Can the county adopt regulations requiring the OSSF Designated Representative to issue a "certificate of occupancy" only after final inspection of an OSSF but prior to an owner moving into a dwelling? This office assumes that a "certificate of occupancy" means an instrument that authorizes a property owner to occupy his property. Counties aze not authorized to impede this fundamental property right. Therefore, this method cannot be used. Q2: Can the county adopt regulations preventing the use of utilities (most importantly water when water is delivered through a public water system) pending installation and final inspection of an OSSF when a manufactured home is placed on a location other than a platted subdivision? Counties do not have the authority to regulate utility usage under such a scenario. Q3: Does the county have any authority to regulate instances where: a. a manufactured home is placed on a lot, people occupy it and use a "porta- potty" instead of an OSSF? b. a manufactured home is placed on a lot, people occupy it and use piping from their home to displace untreated grey water onto their ]ot? MAIN NUMBER (830) 792-2220 HOT CHECKS (830) 792-2221 FAX (830) 792-2228 The county does not have the authority to regulate a situation described in the first scenario. However, an issue azises as to how the waste from the "ports-potty" is disposed. Do the occupants dispose of it properly having it hauled away by truck or do they release the waste onto the property? If the waste is released onto the property, the county could prosecute these people for nuisance. Also, the UGRA, as the county's designated representative, could enforce this violation under the OSSF rules. The county has the authority to regulate situations as described in the second scenazio. The county could prosecute these people for nuisance. The UGRA could enforce this violation under the OSSF rules. Please callus for any further questions. Sincerely, D otley err County Attorney ~--~- /1 R Travis Lucas, Assistant Kerr County Attorney Apr D9 O1 09:2Da J.T. Brown 1330 792-6763 p.l Yi lrY e 7 3 = UPPER GUADALUPE RIVRR A[ITHOR[TY 125 [.eFrmarr Dr., Ste. 100; Karvitte, Tcxas 78028 8?0;896-5445; FAX. 83U257-Z62 t; a-mail: umraadmnralera..org FACSIMILE TItANSMTITAL IJaie•: 4_e)_QI No. Pages (frtcludirrgCovery: Ta _Cummissioner Sill Wi'lialti< __,_ ___T_ CompamlTir.e: _ Ern rvu. From: S. T. Brown Far Na: Phone n'o.: Ekr.: r1m~ nb.: A30/896-5445 CanJldn,tiolry Notke~ The docuroenta uccoaepanyirtg fhiaJacsixils vansmus+on confmrtacnf5dential inJormmion whicb is leyallY PrrvileRed urtd imm~akS on(Yj rdic me offhe rnR. dhnfbatiort w lei nR ofanY ccfan (n naanca on she caehnrr oft6/afacumfls is seriuiY Prtrbihifed. Message: RE: Indian Hills Site Visit Ails; see attached 1rYet>m to Stuart regarding your inspection. He is west of Hunt for an installation inspection at 2:30 PM, and should be back at UGRA by 3:30 FM for your visit. Meanwhile, Tish is looking in a frame around the Koehler resident for an application. UGRA will support the county's ctTort to establish a policy that requitos either an OSSF unit in at least application stage before water hook-ups aze permitted. 1'he Court should consider the need to grant temporary variances when special situations force the owners to occupy the structure prior to the installation ofthe O5SF system. I think this might occur when the loss of a previous residence might cause a hardship on the relocates. If the Court desire to develop such a policy, UGRA would welcolste the opportunity' to work with the Court. twill assign Scott Loveland who is a licensed Texas 5anitariart, familiar with both TNRCC rules and Texas Health and Safety Code, dues not have any potential conflict of interest in the development of such a policy, buL does have an interest in the protection of ground and surface waters within UGRA's statutory district. UGR9 4S 903 a lRil:99,~ DocumeNS flpr 89 01 Q9:2Ea J.T. IIrown 830 792-E?G3 p.2 C~flp~ ItE: Indian Hills Site Visit, OSSF Compliance Stewart, Commisioner Bill Wilharns wil l be et UG1iA ˘t 3'30 PDi to meet with you ~ a field impaction at the fnaian Hilts address. it appears the[ there is a mobile home being placed on the tot. The issue is whether or not there has been an apptitatinn hied with UGRA fnr an OSSP trait. The address is wtknown at tius time. !t is next door to the Koohter residenco where an application is on Hle foe an 05SF trait. Please check the fi les to determine as to whether an application has been made on tither side of the Kot3tla residence for nn OSSF permit aatore yotu meeting wilF. Commissioner Williams. i have adviscxi Canatissio˘er Wiil""tams that yet are rat an inspec'ion in titvtt at 2:3C` PM and your earliest availability is at 3:30 PM. Please ˘dvise me as to your findings resulting oat of the field irspection t}tis aftetnoo[t. 'I"hanks, Y April, :0!•i Page l o! t Jrx docaaenr4 CC: R. C. N'iedenCeld, Designated Rrpresmtalive Tish Elewktt