[1]
State law reference–Drought contingency plans, V.T.C.A., Water Code, sec. 11.1272.
The City Council hereby approves the addition of definitions,
prohibiting water waste during all drought response stages, and revisions
to drought response stages to the City’s drought contingency
and water emergency plan (the “plan”). The City commits
to implement the program changes according to the procedures set forth
in the revised plan.
(Ordinance CO13-19-04-25-E1 adopted 4/25/19; Ordinance
CO20.23.05.11.E1 adopted 5/11/2023)
(a)
It is hereby declared that, because of the water conditions prevailing
in the City, the water resources available to the City shall be put
to the maximum beneficial use and that the waste, unreasonable use,
or unreasonable method of use of water be prevented, and the conservation
of such water to be extended with a view to the reasonable and beneficial
use thereof in the interests of the people of the City and for the
public health and welfare.
(b)
Water uses regulated or prohibited under the plan are considered to be nonessential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s) to enforcement as defined in section 18.08.013 of this article.
(Ordinance CO13-19-04-25-E1 adopted 4/25/19; Ordinance
CO20.23.05.11.E1 adopted 5/11/2023)
All information, including updates, regarding the plan will
be made available to the public at all times on the City’s website.
(Ordinance CO13-19-04-25-E1 adopted 4/25/19; Ordinance
CO20.23.05.11.E1 adopted 5/11/2023)
Information regarding the plan will be available to wholesale
water customers at all times on the City’s website.
(Ordinance CO13-19-04-25-E1 adopted 4/25/19; Ordinance
CO20.23.05.11.E1 adopted 5/11/2023)
The service area of the City is located within the Lower Colorado
Regional Water Planning Area (Region K) and the Brazos Region G.,
and the City has provided a copy of this plan to both. Furthermore,
this plan shall be altered by the City to reflect any regulations
dictated by the Lower Colorado River Authority (LCRA) or any other
governmental entity authorized to promulgate water conservation regulations
applicable to the City.
(Ordinance CO13-19-04-25-E1 adopted 4/25/19; Ordinance
CO20.23.05.11.E1 adopted 5/11/2023)
The City manager is hereby authorized and directed to implement
the applicable provisions of this plan upon determination that such
implementation is necessary to protect public health, safety, and
welfare. The City shall have the authority to initiate or terminate
drought or other water supply emergency response measures as described
in this plan.
(Ordinance CO13-19-04-25-E1 adopted 4/25/19; Ordinance
CO20.23.05.11.E1 adopted 5/11/2023)
The provisions of this plan shall apply to all persons, customers,
and property utilizing water provided by the City. The terms “persons”
and “customer” as used in the plan include individuals,
corporations, partnerships, associations, and all other legal entities.
(Ordinance CO13-19-04-25-E1 adopted 4/25/19; Ordinance
CO20.23.05.11.E1 adopted 5/11/2023)
For the purpose of this plan, the following definitions shall
apply:
The amount of water required to cover an area of one acre
to a depth of one foot. One acre-foot of water is equal to 325,851
gallons.
A source of water other than the City’s public water
system which may include reuse effluent, raw, ground or well water.
The City of Cedar Park, Texas.
The City manager or any designated person acting on the City
manager’s behalf.
The amount of water stored in acre-feet in Lake Travis and
Lake Buchanan according to records kept by the Lower Colorado River
Authority (LCRA).
All other customers not classified as residential customer,
including but not limited to businesses, schools, churches, large
properties, athletic fields, municipally sponsored public gatherings,
government entities, multifamily developments and property management
associations (e.g. homeowners associations).
Those practices, techniques, and technologies that reduce
the consumption of water, reduce the loss or waste of water, improve
the efficiency in the use of water or increase the recycling and reuse
of water so that a supply is conserved and made available for future
or alternative uses.
Any person, company, organization, or legal entity receiving
water supplied by the City.
A method of irrigation which is typically installed below
ground and consists of porous piping or emitters which allow the application
of water at a slow and constant rate.
A method of landscaping which conserves water through the
use of specific principles of design, plant selection, installation,
maintenance, and irrigation methods.
Irrigation techniques that use the latest technology with
variables such as but not limited to soil moisture sensors, rain shutoff
devices, and evapotranspiration based watering system controllers.
Water used for the irrigation and maintenance of landscaped
areas, whether privately or publicly owned, including residential
and commercial lawns, gardens, golf courses, parks, and rights-of-way
and medians.
Water uses that are neither essential nor required for the
protection of public health, safety, and welfare. These uses are considered
nonessential depending on the current severity drought stage. Such
nonessential uses include:
Irrigation of landscaped areas, including parks, athletic fields,
and golf courses, except as otherwise provided by this plan;
Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle;
Use of water to wash down any sidewalks, walkways, driveways,
parking lots, tennis courts, or other hard-surfaced areas;
Use of water to wash down buildings or structures for purposes
other than immediate fire protection;
Flushing gutters or permitting water to run or accumulate in
any gutter or street;
Use of water to fill, refill, or add to any swimming pools or
Jacuzzi-type pools;
Use of water in a fountain or pond for aesthetic or scenic purposes
except if the fountain utilizes recirculated water and/or supports
aquatic life or wildlife. A person may not operate an ornamental fountain
with an aerial emission of water or aerial fall of water greater than
four (4) inches other than for aeration necessary to preserve habitat
for aquatic life or wildlife;
Failure to repair a controllable leak(s) within ten (10) business
days after having been given notice directing the repair of such leak(s);
and
Use of water for dust control, other than for purposes of public
health and safety.
Includes, but is not limited to, watering lawns, shrubs,
vegetables, athletic fields, large properties, and other types of
outdoor vegetation; washing vehicles, boats, and trailers; use of
landscape irrigation systems; refilling or adding water to swimming
pools or wading pools or ponds; the operation of aesthetic or recreational
devices such as water slides; the watering of patios, driveways, parking
areas, streets, tennis courts, sidewalks or other paved areas; and
the watering of ground foundations.
Any person, company, organization, or other legal type entity
receiving water supplied by the City at a location where the principal
use of the property is for single-family or duplex habitation.
A perforated or permeable garden-type hose or pipe that is
laid above ground that provides irrigation at a slow and constant
rate.
(Ordinance CO13-19-04-25-E1 adopted 4/25/19; Ordinance
CO20.23.05.11.E1 adopted 5/11/2023)
(a)
The City Manager shall monitor the water supply and/or production
and shall determine when conditions warrant initiation or termination
of each drought response stage of the plan.
(b)
The triggering criteria described below are based on combined storage,
customer water consumption and water treatment plant production/distribution
system capacity; however, the stated triggering criteria are not intended
as an exhaustive or finite listing, and regardless of whether any
stated triggering criteria are present, the City manager may initiate
and/or terminate each drought response stage of the plan to protect
the public health, safety, and welfare and in the best interest of
the City.
(1)
Stage 1-Voluntary water conservation conditions.
(A)
Requirements for initiation.
This stage shall be considered the baseline water conservation stage for the City and will be implemented at all times when stages 2-5 are not in effect. Customers shall be requested to adhere to a voluntary twice-per-week outdoor watering schedule and adhere to the water restrictions on nonessential water use, defined in section 18.08.008 of this plan at all times. This stage is designed to promote water efficiency throughout the City.
(B)
Target reduction goal.
During this stage, the
target reduction goal is 5%.
(C)
Requirements for termination.
Stage 1 of the plan
may be rescinded at any time by the City manager.
(2)
Stage 2-Moderate water shortage conditions.
(A)
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on nonessential water uses, defined in section 18.08.008 of this plan at all times when one or a combination of such triggering criteria occurs:
(i)
Total daily water demand equals or exceeds 90% of the total
operating system treatment capacity for three consecutive days;
(ii)
If the combined water storage of lakes Buchanan and Travis are
less than 1,400,000 acre-feet but greater than 900,000 acre-feet;
(iii)
Weather conditions are to be considered in drought classification
determination. Predicted long, cold, or dry periods are to be considered
in impact analysis;
(iv)
City manager discretion.
(B)
Target reduction goal.
During this stage, the
target reduction goal is 5%.
(C)
Requirements for termination.
Stage 2 of the plan
may be rescinded by the City manager when all of the conditions listed
as triggering events have ceased to exist for at least a period of
three (3) consecutive days, or at the City manager’s discretion.
Upon termination of stage 2, stage 1 becomes operative.
(3)
Stage 3-Severe water shortage conditions.
(A)
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on nonessential water uses, defined in section 18.08.008, for stage 3 of this plan when one or a combination of such triggering criteria occurs:
(i)
Total daily water demand equals or exceeds 95% of the total
operating system treatment capacity for three consecutive days;
(ii)
The combined storage of lakes Buchanan and Travis are less than
900,000 acre-feet but greater than 600,000 acre-feet;
(iii)
Water system is contaminated whether accidentally or intentionally.
Severe condition is reached immediately upon detection; and/or
(iv)
City manager discretion.
(B)
Target reduction goal.
During this stage, the
target reduction goal is 10% to 20%.
(C)
Requirements for termination.
Stage 3 of the plan
may be rescinded by the City manager when all of the conditions listed
as triggering events have ceased to exist for a period of three (3)
consecutive days. Upon termination of stage 3, stage 2 becomes operative.
(4)
Stage 4-Emergency water shortage conditions.
(A)
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on nonessential water uses, defined in section 18.08.008, for stage 4 of this plan when the City manager declares it is in the best interest of the City.
(B)
Target reduction goal.
During this stage, the
target reduction goal is a minimum of 30%, or as determined by the
LCRA board.
(C)
Requirements for termination.
Stage 4 of the plan
may be rescinded by the City manager.
(Ordinance CO13-19-04-25-E1 adopted 4/25/19; Ordinance
CO20.23.05.11.E1 adopted 5/11/2023)
The City shall monitor the water supply and/or production as needed and, in accordance with the triggering criteria set forth in section 18.08.009 of the plan, shall determine that a moderate, severe, or extreme condition exists and shall implement the following actions upon public notification:
(1)
Stage 1-Voluntary water conservation stage.
The goal
for stage 1 of the plan is to maintain baseline water conservation
measures and raise public and customer awareness of water demand conditions.
This stage is designed to promote water efficiency throughout the
City.
(A)
Voluntary water use measures.
(i)
Water customers shall voluntarily limit outdoor water use by participating
in the two-day per week watering schedule for outdoor water use. Outdoor
water use shall only occur on a designated outdoor watering day, which
shall be two days per week. The two-day per week watering schedule
will be determined and distributed by the City.
(iii)
Commercial customer watering days: Tuesday and Friday.
(iv)
Outdoor water use is discouraged between the hours of 10:00
a.m. and 7:00 p.m. except with handheld hoses equipped with a positive
pistol grip nozzle or other device that automatically shuts off water
flow when the hose is not being used, or handheld buckets. The following
outdoor water uses are exempt from the voluntary weekly watering schedule
and can be done at any time of day:
a.
The irrigation of commercial plant nurseries and residential
food-supplying vegetable gardens.
b.
Irrigation using an auxiliary source.
c.
Irrigation using a soaker hose or drip irrigation.
d.
New landscape installation during installation and the first
twenty-one (21) days.
e.
The testing of new irrigation systems or existing irrigation
systems being tested or under repair.
(v)
All operations of the City shall adhere to nonessential water use restrictions, defined in section 18.08.008.
(vi)
Water customers are requested to practice water conservation and adhere to the restrictions on nonessential water uses, defined in section 18.08.008. The following uses constitute a waste of water and are prohibited:
a.
Washing sidewalks, walkways, driveways, parking lots, tennis
courts, patios or other hard-surfaced areas except to alleviate immediate
health or safety hazards.
b.
Allowing water to run off a property, or allowing water to pond
in the street or parking.
c.
Operating a permanently installed irrigation system with broken
heads, with heads that are out of adjustment that spray more than
10% of the spray on street or parking lots, or that are misting.
d.
Failure to repair a controllable leak(s) within ten (10) business
days after having been given notice directing the repair of such leak(s).
e.
Washing an automobile, truck, trailer, boat, airplane, or other
mobile equipment with a handheld hose not equipped with a pistol grip
nozzle or other device that automatically shuts off water flow when
the hose is not being used.
(B)
Demand management measures.
The City will contact wholesale
water customers to discuss water supply and/or production conditions
and will request that wholesale water customers initiate voluntary
measures to reduce water use.
(2)
Stage 2-Moderate water shortage conditions.
The goal
for stage 2 of the plan is reduce water use by 10%-20%.
(A)
Water use restrictions.
Under threat of penalty for
violation, the following water use restrictions shall apply to all
persons:
(i)
Water customers shall be required to limit outdoor water use by participating
in the two-day per week watering schedule for outdoor water use. Outdoor
water use shall only occur on a designated outdoor watering day. The
two-day per week watering schedule will be determined and distributed
by the City. Drip irrigation and soaker hoses are permitted for use
at all times and are exempt from the weekly watering schedule and
daily watering time restrictions. Soaker hoses may be used at any
time to water vegetable gardens or trees. Drip irrigation attached
to an automatic sprinkler system must have spray head zones turned
off.
(iii)
Commercial customer watering days: Tuesday and Friday.
(iv)
Outdoor water use is prohibited between the hours of 10:00 a.m.
and 7:00 p.m. except with handheld hoses equipped with a positive
pistol grip nozzle or other device that automatically shuts off water
flow when the hose is not being used, or handheld buckets. Handheld
watering can be done on any day without time restrictions. The time
restrictions do not apply to:
a.
The irrigation of commercial plant nurseries and residential
food-supplying vegetable gardens.
b.
Irrigation using an auxiliary source.
c.
Irrigation using a soaker hose or drip irrigation.
d.
New landscape installation during installation and the first
twenty-one (21) days.
e.
The testing of new irrigation systems or existing irrigation
systems being tested or under repair.
(v)
Charity carwashes are allowed on any day at any time with a handheld
hose equipped with a pistol grip nozzle or other device that automatically
shuts off water flow when the hose is not being used.
(vi)
The washing of automobiles, trucks, motorbikes, boats, trailers,
airplanes and other vehicles is allowed on any day and can be done
at any time of day. The washing shall be done with a handheld bucket
or handheld hose equipped with a pistol grip nozzle or other device
that automatically shuts off water flow when the hose is not being
used.
(vii)
Splash pads and other commercial recreational water devices
are allowed to operate during this stage.
(viii)
A person may not use commercially operated cosmetic power/pressure
washing equipment unless it is fitted with a spray nozzle using no
more than 3.5 gallons of water per minute and employing a working
trigger shutoff with a protective weep mechanism. Equipment fitted
with this technology is exempt from the watering schedule and is permitted
for use at any time of day.
(ix)
Use of water from fire hydrants shall be limited to firefighting
and activities necessary to maintain public health, safety, and welfare.
Use of water from designated fire hydrants for construction purposes
may be allowed under special conditions and requires a meter; a variance
application must be submitted with an explanation of the special conditions
(x)
Use of water for the irrigation of golf course greens, tees, and
fairways is prohibited except on designated watering days. Such irrigation
may not take place between the hours of 10:00 a.m. and 7:00 p.m. These
restrictions do not apply to the irrigation of any golf course which
uses an auxiliary source.
(B)
Demand management measures.
(i)
The City will initiate contact with wholesale water customers to
discuss water supply and/or production conditions and the possibility
of pro rata curtailment of water diversions and/or deliveries.
(ii)
The City will request wholesale water customers to initiate
mandatory measures to reduce nonessential water use (e.g., implement
stage 2 of the customer’s drought contingency plan).
(iii)
The City will initiate preparations for the implementation of pro rata water curtailment of water diversions and/or deliveries by preparing a monthly water usage allocation baseline for the wholesale customer according to the procedures specified in section 18.08.011 of the plan.
(iv)
The City will provide a report to news media with information
regarding current water supply and/or production conditions, projected
water supply and demand conditions if drought conditions persist,
and consumer information on water conservation measure and practices
as needed.
(3)
Stage 3-Severe water shortage conditions.
The goal for
stage 3 of the plan is to reduce water use by 20%.
(A)
Water use restrictions.
Under threat of penalty for
violation, the following water use restrictions shall apply to all
persons:
(i)
All requirements of stage 2 shall remain in effect during stage 3
except:
a.
Water customers shall be required to participate in the one-day per
week watering schedule for outdoor water use within the designated
times. Outdoor water use shall only occur on the customer’s
designated outdoor watering day, which shall be one day every seven
days. The one-day per week watering schedule will be determined and
distributed by the City manager.
b.
Extended variances beyond 21 days will not be granted for newly installed
landscape plant material.
c.
Events involving the use of water such as: festivals, parties, water
slides, and other activities involving the use of water are permitted
if the water being used drains to a recirculating device, or onto
a pervious surface to prevent water waste.
(B)
Demand management measures.
The demand management measures
for stage 2 will apply.
(4)
Stage 4-Emergency water supply conditions.
The goal
for stage 4 of the plan is to significantly reduce water use during
temporary, emergency water shortage conditions. During stage 4 all
outdoor watering is prohibited.
(A)
Supply management measures.
The City will cease the
flushing of water mains except when necessary for reasons of health
or safety. All City departments will discontinue irrigating public
landscaped areas except when such areas are irrigated with auxiliary
water.
(B)
Water use restrictions.
Under threat of penalty for
violation, the following water use restrictions shall apply to all
persons:
(i)
All requirements of stage 3 shall remain in effect during stage 4
except:
a.
Commercial plant nurseries and owners of residential food-supplying
vegetable gardens may use only handheld hoses equipped with a positive
pistol grip nozzle or other device that automatically shuts off water
flow when the hose is not being used or handheld buckets.
b.
Water may only be served at restaurants upon request.
c.
Events involving the use of water such as: festivals, parties, water
slides, and other activities involving the use of water are prohibited.
d.
All irrigation of landscaped areas is prohibited, including the use
of drip and soaker hoses. Outdoor water use with handheld hose is
prohibited.
e.
Commercial car washing facilities may operate for health and safety
purposes only.
f.
Use of water from fire hydrants shall be limited to firefighting
and activities necessary to maintain public health, safety, and welfare
only.
g.
All cosmetic power/pressure washing is prohibited.
h.
The washing of automobiles, trucks, trailers, boats, airplanes, and
other types of mobile equipment is prohibited.
i.
Water use at events such as: festivals, parties, water slides, and
other activities is prohibited.
j.
A person may not operate a splash pad or other similar aesthetic
or recreational use of water.
k.
A person may not use or allow the use of water to test or repair
a permanently installed irrigation system or drip irrigation system.
l.
The use of ornamental fountains is prohibited unless the water is
necessary to support aquatic life.
m.
Filling of all new and existing swimming pools, hot tubs, wading
pools, is prohibited. Replenishing to maintenance level is permitted.
Draining is permitted only onto pervious surfaces or onto a surface
where water will be transmitted directly to a pervious surface, and
only if:
1.
Draining excess water from pool due to rain in order to lower
water to maintenance level;
2.
Repairing, maintaining or replacing pool components that have
become hazardous; or
3.
Repair of a pool leak.
A.
Single-family and commercial pools. The automatic filling, refilling,
or adding of potable water to single-family and commercial residential
swimming or wading pools and hot tubs due to a leak is prohibited.
Single-family residential swimming or wading pools and hot tubs may
be refilled manually on the designated watering day before 8:00 a.m.
and after 8:00 p.m., or may be refilled using an auxiliary source
with no restriction.
B.
Public pools. Refilling of public swimming pools as needed due
to a leak is permitted on the designated watering day before 8:00
a.m. and after 8:00 p.m., or may be refilled using an auxiliary source
with no restriction.
(C)
Demand management measures.
The demand management measures
for stage 3 will apply.
(i)
The City manager will contact wholesale water customers to discuss
water supply and/or demand conditions and will request that wholesale
water customers initiate additional mandatory measures to reduce nonessential
water use (e.g., implement stage 3 or 4 of the customer’s drought
contingency plan).
(ii)
The City manager will initiate pro rata water curtailment of water diversions and/or deliveries for each wholesale customer according to the procedures specified in section 18.08.011 of the plan.
(iii)
The City manager will provide a report to news media with information
regarding current water supply and/or demand conditions, projected
water supply and demand conditions if drought conditions persist,
and consumer information on water conservation measures and practices.
(D)
In the event that severe water shortage conditions persist (stage
4) for an extended period of time, the City manager may order water
rationing and/or terminate service to selected users of the system
in accordance with the following sequence:
(i)
Commercial yard meters.
(ii)
Commercial users.
(iii)
Residential users.
(iv)
Hospitals, public health and safety facilities.
(v)
Additional measures.
Through a contractual agreement
with the Lower Colorado River Authority (LCRA), the LCRA may interrupt
or curtail the water supplied to the City in accordance with the LCRA’s
drought management plan.
(Ordinance CO13-19-04-25-E1 adopted 4/25/19; Ordinance
CO20.23.05.11.E1 adopted 5/11/2023)
Every wholesale water contract entered into or renewed by the
City after the effective date of this plan, including contract extensions,
shall provide that in case of a shortage of water resulting from drought,
the water to be distributed shall be divided in accordance with Texas Water Code section 11.309 and the provisions of this
plan.
(Ordinance CO13-19-04-25-E1 adopted 4/25/19; Ordinance
CO20.23.05.11.E1 adopted 5/11/2023)
(a)
The City manager may, in writing, grant temporary variance for existing
water uses otherwise prohibited under this plan if it is determined
that failure to grant such variance would cause an emergency condition
adversely affecting the health, sanitation, primary business, or fire
protection for the public or the person requesting such variance and
if one or more of the following conditions are met:
(b)
Persons requesting an exemption from the provisions of this article
shall file a petition for variance with the City manager after the
plan or a particular drought response stage has been invoked. All
petitions for variances shall be reviewed by the City manager and
shall include the following:
(1)
Name and address of the petitioner(s);
(2)
Purpose of water use;
(3)
Specific provision(s) of the plan from which the petitioner is requesting
relief;
(4)
Detailed statement as to how the specific provision of the plan adversely
affects the petitioner or what damage or harm will occur to the petitioner
or others if petitioner complies with this plan;
(5)
Description of the relief requested;
(6)
Period of time for which the variance is sought;
(7)
Alternative water use restrictions or other measures the petitioner
is taking or proposes to take to meet the intent of this plan and
the compliance date; and
(8)
Other pertinent information.
(c)
Variances granted by the City manager shall be subject to the following
conditions, unless waived or modified by the City manager:
(1)
Variances granted shall include a start and end date for compliance;
(2)
Variance requests must be submitted no more than two (2) months prior
to the requested start date, and no less than 48 hours prior to the
requested start date; and
(3)
Variances granted shall expire on the date set at the time when the
application was granted.
(d)
No variance shall be retroactive or otherwise justify any violation
of this plan occurring prior to the issuance of the variance.
(e)
Additionally, variances may be granted when a customer is using efficient
irrigation technology for outdoor irrigation purposes. In order to
receive this variance, the requestor must have a master valve or flow
sensor, the irrigation controller must have a cycle and soak capability,
and will be subject to annual random irrigation checks by the City
manager.
(Ordinance CO13-19-04-25-E1 adopted 4/25/19; Ordinance
CO20.23.05.11.E1 adopted 5/11/2023)
(a)
No person or entity shall use or benefit from the use of water from
the City for any purpose in a manner contrary to any provision of
this plan, or in an amount in excess of that permitted by the drought
response stage in effect at the time pursuant to action taken by the
City, in accordance with provisions of this plan.
(b)
Any person or entity in apparent control of the property where a
violation occurs or originates shall be presumed to be the violator,
and proof that the violation occurred on the person or entity’s
property shall constitute a rebuttable presumption that the person
or entity in apparent control of the property committed the violation,
but any such person or entity shall have the right to show that he/she/it
did not commit the violation. Parents shall be presumed to be responsible
for violations of their minor children and proof that a violation,
committed by a child, occurred on property within the parents’
control shall constitute a rebuttable presumption that the parent
committed the violation, but any such parent may be excused if he/she
proves that he/she had previously directed the child not to use the
water as it was used in violation of this plan and that the parent
could not have reasonably known of the violation. Each day that one
or more of the provisions in this plan is violated shall constitute
a separate violation/offense.
(c)
Administrative violation. Except as otherwise stated herein, each
violation of this plan may be enforced as an administrative violation,
pursuant to the following:
|
Residential Customer
| |||
|---|---|---|---|
|
1st Violation
|
2nd Violation
|
3rd Violation
|
4th Violation
|
|
Warning letter
|
$50.00 fee
|
$100.00 fee
|
$200.00 fee
|
|
Commercial Customer
| |||
|---|---|---|---|
|
1st Violation
|
2nd Violation
|
3rd Violation
|
4th Violation
|
|
Warning letter
|
$200.00 fee
|
$400.00 fee
|
$1,000.00 fee
|
(1)
First violation.
If the City manager or their designee
reasonably believes that a person or entity has violated this plan,
he/she may forward to the person or entity alleged to be in violation
of this plan a notice of first violation. The notice of first violation
shall be in writing, contain the name and address of the alleged violator
(if known), provide a location and brief description of the alleged
violation, provide a warning for this first violation and inform him/her
of the administrative fees and consequences for subsequent violations,
and be forwarded to the alleged violator’s utility billing address
via first class mail.
(2)
Second (and/or subsequent) violation(s).
If the City
manager or their designee reasonably believes that a person or single-family
residential entity has violated this plan again within the 12-month
calendar year immediately following the date of a preceding violation,
he/she shall forward to the person or entity alleged to be in violation
of this plan a notice of second (or subsequent) violation. If the
City Manager or their designee reasonably believes that a non-single-family
residential entity has violated this plan again within the 24-month
calendar years immediately following the date of a preceding violation,
he/she shall forward to the person or entity alleged to be in violation
of this plan a notice of second (or subsequent) violation. The notice
of second (or subsequent) violation shall be in writing, contain the
name and address of the alleged violator (if known), provide a location
and brief description of the alleged violation, inform him/her of
the administrative fee that will be added to the alleged violator’s
next monthly utility bill and the administrative fees and consequences
for subsequent violations, and be forwarded to the alleged violator’s
utility billing address via first class mail.
(3)
Each day that one or more of the provisions in this plan is violated
shall constitute a separate violation. Any person, including one classified
as a water customer of the City, in apparent control of the property
where a violation occurs or originates, shall be presumed to be the
violator. Any such person, however, shall have the right to show that
he/she did not commit the violation.
(d)
Appeal of administrative violation; effect on payment, hearing procedure.
(1)
Any alleged violator shall be entitled to appeal an administrative
violation under this article as set forth in this subsection. The
request or pendency of an appeal under this subsection shall not suspend
or delay an alleged violator’s obligation to pay current outstanding
utility fees and/or administrative fines assessed under this article.
Upon successful appeal of an alleged administrative violation, the
City shall refund all administrative fines paid by or on behalf of
an alleged violator pursuant to this article.
(2)
At the alleged violator’s discretion, any appeal or final review
hearing hereunder this subsection may be conducted via scheduled telephone
conference involving the alleged offender, hearing officer(s), City
manager or their designee, and any testifying witnesses. Prior to
the commencement of any telephone conference under this subsection,
each testifying witness’ name, address, telephone number, and
relationship to the alleged violator shall be submitted to the City
manager or their designee prior to commencement of such telephone
conference, along with any documentary or physical evidence to be
presented in such telephone conference. No unidentified witness or
unsubmitted evidence shall be considered at the hearing.
(3)
If the alleged violator shall fail to attend a scheduled appeal or
final review hearing for any reason, it shall be the alleged violator’s
responsibility to contact the City manager or their designee to reschedule
within three (3) working days of the unattended hearing; failure to
do so, or failure to attend the rescheduled hearing for any reason
shall constitute a default, render final the pending administrative
violation and any assessed administrative fines, and waive the alleged
violator’s right to appeal.
(4)
Within fifteen (15) business days of the date of a notice of violation,
an alleged violator may appeal the administrative violation and fee
by submitting a written request to the City manager or their designee.
Within ten (10) business days of the City manager’s receipt
of such request, the City manager or their designee shall appoint
one or more hearing officers and an appeal hearing (“appeal
hearing”) shall be held. At the appeal hearing, the alleged
violator shall present relevant evidence and bear the burden of proof
to show by the majority of the evidence why he/she should not be held
in violation of the plan or the administrative fee should not be assessed.
The hearing officer(s) shall consider all relevant evidence presented
and render a decision in writing within five (5) business days of
the conclusion of the appeal hearing (“appeal hearing decision”).
A copy of the appeal hearing decision shall be forwarded to the alleged
violator’s utility billing address via first class mail and
e-mail.
(5)
The alleged violator may appeal the appeal hearing decision by submitting
a written request to the City manager or their designee within five
(5) business days of forwarding the appeal hearing decision. Within
five (5) business days of receipt of the alleged violator’s
timely appeal of the appeal hearing decision, the City manager or
their designee shall conduct a final review hearing (“final
review hearing”). At the final review hearing, the alleged violator
shall present relevant evidence and bear the burden of proof to show
by the majority of the evidence why he/she should not be held in violation
of the plan or the administrative fee should not be assessed. The
City manager or their designee shall consider all relevant evidence
presented and render a decision in writing within five (5) business
days of the conclusion of the final review hearing (“final review
hearing decision”). A copy of the final review hearing decision
shall be forwarded to the alleged violator’s utility billing
address via first class mail and e-mail. The final review hearing
decision by the City manager or their designee is final and binding.
(e)
Notices.
All notices regarding alleged administrative
violations under this article, including without limitation notices
of violation, appeal hearing decisions, and final review hearing decisions,
shall be in writing and forwarded to the alleged violator via first
class mail and/or certified mail, return receipt requested, to the
alleged violator’s current billing address. All notices forwarded
in such manner shall be deemed received by the alleged violator within
three (3) days of the mailing’s postmark. At an appeal hearing
and/or final review hearing under this article, an alleged violator
may present evidence that a required notice was not received.
(f)
Class C misdemeanor.
Alternatively, and at the discretion of the City manager or their designee, third and subsequent violations of single-family residential properties within the 12-month period from the date of the alleged violator’s immediately preceding violation may be treated as class C misdemeanor offenses. Third and subsequent violations of non-single-family residential properties within the 24-month period from the date of the alleged violator’s immediately preceding violation may be treated as class C misdemeanor offenses. Any person or entity alleged to have violated this plan may be cited to appear in municipal court for such offense, and, upon conviction, shall be punished by a fine in accordance with the general penalty provision found in section 1.01.009 of this code.
(g)
Termination of service.
Upon a single-family residential second or subsequent violation within the 12-month period immediately following the date of the preceding violation and upon due notice to the person or entity as set forth herein, the city shall be authorized to discontinue water service to the premises where such violations occur. Upon a non-single-family residential second or subsequent violation within the 24-month period immediately following the date of the preceding violation and upon due notice to the person or entity as set forth herein, the city shall be authorized to discontinue water service to the premises where such violations occur. The city shall be so authorized regardless of whether such violation is being simultaneously enforced administratively, under subsection (c), or criminally, under subsection (f). Services discontinued under such circumstances shall be restored only upon payment of a reconnection charge and all other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the city that the same action shall not be repeated while the plan is in effect. Compliance with this plan may also be sought through injunctive relief in a court of proper jurisdiction. This subsection shall not be construed to reduce, diminish, or in any manner restrict the city's right to terminate utility service for nonpayment of fees and fines.
(Ordinance CO13-19-04-25-E1 adopted 4/25/19; Ordinance
CO20.23.05.11.E1 adopted 5/11/2023)
Alternative water sources for the City of Cedar Park are the
Brushy Creek Regional Utility Authority water treatment plant and
an interconnection with the City of Round Rock.
(Ordinance CO41.22.06.09.E1 adopted 6/9/2022; Ordinance CO20.23.05.11.E1 adopted 5/11/2023)
