§ 47-36. Construction of surface water drains.

(a)

It shall be unlawful for any person to construct or maintain any drain into a public street from private property, where the same has been laid for the purpose of draining surface water from such private property, or for the purpose of taking care of rainwater and water from the roofs of buildings on private property, unless such drain shall be laid from the property line to the street, curb or ditch, and be constructed entirely of durable and substantial material as approved by the Director of Houston Public Works or his designee, and be laid entirely underneath the surface of the ground in the sidewalk, and be covered at all points where the same crosses under such sidewalk, and in the event such drain shall cross under a cement or concrete sidewalk, there shall be not less than two inches of concrete on top of such drain or pipe, and the surface of the sidewalk where such pipe shall cross the same shall be made to conform in height and level to the balance of such sidewalk. All existing drains heretofore laid from property line to the gutter or ditch in any public street shall be made to conform to the provisions of this section. Where tops of drain leaders do not exceed 25 feet above top of curb or ground at property line, drains may be taken through curb or into ditch. Where drain leaders do exceed 25 feet above top of curb or ground at property line, drains must be taken into a catch basin or curb inlet.

(b)

The owner of any property in the city, or his lessee, who is maintaining any drain pipe across any sidewalk in the city, or any downspout not in conformity with the provisions of this section, shall upon notice in writing from the Director of Houston Public Works or the chief of police, remove such drain or pipe and make the same conform in every respect to the requirements of this section, and failure for five days on the part of such owner, agent or lessee to make such pipe or drain conform to the provisions of this section, after receiving such notice, shall constitute an offense, and each day such owner, agent or lessee shall neglect to correct or repair such drain pipe, after receiving the notice above mentioned, shall constitute a separate offense.

(Code 1968, § 49-35.1; Ord. No. 67-2032, § 1, 10-24-67; Ord. No. 90-635, § 154, 5-23-90; Ord. No. 93-514, § 113, 5-5-93; Ord. No. 2018-11 , § 49, 1-10-2018)