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• (1) The repair is made for the purpose of abatement of an immediate, <br />dangerous and serious health hazard; <br />(2) The repair meets minimum state design criteria; <br />(3) The repair does not constitute an alteration or modification of the on-site <br />sewage facility; <br />(4) Written notification of the repair, including a detailed description of the <br />method and materials used in the repair, is made to the department within <br />72 hours of the date of the repair; and <br />(5) The repair is inspected by the department for compliance with the state's <br />design criteria. <br />Sec. 86.158. Rule conflicts. <br />Where this division or other provisions of this Code are more stringent than the <br />On-site Sewage Facility Rules the local regulations take precedence over the <br />corresponding provisions of the Rules. <br />Sec. 86.159. Penalties. <br />• The city will enforce these rules as provided in V.T.C.A. Health and Safet <br />Code Sections 366.091, Criminal Penalties 366.092 Injunction or Civil Suit 366.0921, <br />Civil Penalty, and by any other remedies provided by state law. <br />SECTION 2. If any word, phrase, clause, sentence, or paragraph of this <br />ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, <br />the other provisions of this ordinance will continue in force if they can be given effect <br />without the invalid portion. <br />SECTION 3. All ordinances and resolutions or parts of ordinances or <br />resolutions in conflict with this ordinance are repealed. <br />SECTION 4. This ordinance will take effect after publication of its caption <br />in a newspaper of general circulation in the City but no sooner than January 1, 2009. <br />PASSED AND APPROVED on first reading on July 1, 2008. <br />PASSED AND APPROVED on second reading on July 15, 2008. <br />PASSED, APPROVED AND ADOPTED on August 5, 2008; to be effective January 1, <br />• 2009. <br />19