(a)
Any
person who connects an irrigation system to the water supply within
the city or the city’s extraterritorial jurisdiction, must hold
a valid license, as defined by title 30, Texas Administrative Code,
chapter 30 and required by chapter 1903 of the Texas Occupations Code, or as defined
by chapter 365, title 22 of the Texas Administrative Code and required
by chapter 1301 of the Texas Occupations Code.
(b)
Exemptions:
a property owner is not required to be licensed in accordance with Texas Occupations Code, title 12, section 1903.002(c)(1)
if he or she is performing irrigation work in a building or on a premises
owned and occupied by the person as the person’s home and homestead
property. A home or property owner who installs an irrigation system
must meet the standards contained in title 30, Texas Administrative
Code, chapter 344 regarding spacing, water pressure, spraying water
over impervious materials, rain or moisture shut-off devices or other
technology, backflow prevention and isolation valves. The city may,
at any point adopt more stringent requirements for a home or property
owner who installs an irrigation system.
(Ordinance CO39-10-08-26-C1 adopted 8/26/10)
(a)
Any
person installing an irrigation system within the territorial limits
or extraterritorial jurisdiction of the city shall first submit system
installation plans and obtain a permit from the building inspection
department of the city. Any plan approved for a permit must be in
compliance with the requirements of this chapter.
(b)
Exemptions.
(1)
An irrigation system that is an on-site sewage disposal system, as
defined by section 366.002, Health and Safety Code; or
(2)
An irrigation system used on or by an agricultural operation as defined
by section 251.002, Agriculture Code.
(Ordinance CO39-10-08-26-C1 adopted 8/26/10)
Within the city and its extraterritorial jurisdiction, all irrigation
systems shall be designed, installed, maintained and operated in accordance
with Texas Commission on Environmental Quality rules adopted under
title 30, Texas Administrative Code, chapter 344, rules for landscape
irrigation, said rules, as amended, being adopted by reference and
incorporated for all purposes herein.
(Ordinance CO39-10-08-26-C1 adopted 8/26/10)
A licensed plumbing inspector shall enforce this article, and
shall be responsible for:
(1)
Verifying
that the appropriate permits have been obtained for an irrigation
system and that the irrigation system and that the irrigator and installer
or irrigation technician, if applicable, are licensed;
(2)
Inspecting
the irrigation system;
(3)
Determining
that the irrigation system complies with the requirements of this
chapter;
(4)
Determining
that the appropriate backflow prevention device was installed, tested
and test results provided to the city;
(5)
Investigating
complaints related to irrigation system installation, maintenance,
alteration, repairs, or service of an irrigation system and advertisement
of irrigation services; and
(6)
Maintaining
records according to this chapter.
(Ordinance CO39-10-08-26-C1 adopted 8/26/10)
Any item not covered by this article and required by law shall
be governed by the Texas Occupations Code, the Texas
Water Code, title 30 of the Texas Administrative Code, and
any other applicable state statute or Texas Commission on Environmental
Quality rule.
(Ordinance CO39-10-08-26-C1 adopted 8/26/10)
Permit fees shall be assessed in accordance with appendix A, article 2.000, development service related fees.
(Ordinance CO39-10-08-26-C1 adopted 8/26/10)
(a)
The
city shall have the power to administer and enforce the provisions
of this chapter as may be required by governing law. Any person, firm,
corporation or agent who shall violate a provision of this code, or
fails to comply therewith, or with any of the requirements thereof,
is subject to suit for injunctive relief as well as prosecution for
criminal violations. Any violation of this article is declared to
be a nuisance.
(b)
Any
person violating any provision of this chapter shall, upon conviction,
be fined a sum not exceeding $2,000.00. Each day that a provision
of this chapter is violated shall constitute a separate offense. An
offense under this chapter is a class C misdemeanor, punishable by
a fine of up to $2,000.00.
(c)
Nothing
in this chapter shall be construed as a waiver of the city’s
right to bring a civil action to enforce the provisions of this chapter
and to seek remedies as allowed by law, including, but not limited
to the following:
(Ordinance CO39-10-08-26-C1 adopted 8/26/10)
