The city council hereby approves and adopts for the city, its citizens and water customers the "North Texas Municipal Water District 2024 Model Water Conservation and Water Resource and Emergency Management Plan Guidance" (the "plan"), attached to Ordinance 2024-04-00999 as exhibit A and incorporated herein for all purposes. A copy of this article and the plan are available in the city secretary's office.
(Ordinance 2019-10-00896 adopted 10/17/19; Ordinance 2024-04-00999 adopted 4/18/2024)
Any customer, defined pursuant to 30 Texas Administrative Code, chapter 291, failing to comply with the provisions of the plan shall be subject to a fine of up to $2,000.00 per day per occurrence and/or discontinuance of water service by the city. Proof of a culpable mental state is not required for a conviction of an offense under this section. Each day a customer fails to comply with the plan is a separate violation. The city's authority to seek injunctive or other civil relief available under the law is not limited by this section.
(Ordinance 2019-10-00896 adopted 10/17/19; Ordinance 2024-04-00999 adopted 4/18/2024)
The city may elect to exercise the following administrative remedies for violations of the city plan in lieu of pursuing criminal penalties against all residential and nonresidential water account holders, such as business and professional parks, homeowners' associations, home builders, land developers, and any other entities.
(1) 
Administrative fees.
The following administrative fees that will be added to the customer’s regular monthly city utility bill shall apply:
First offense
Certified letter notifying of violation.
Second offense
$500.00
Third and subsequent offenses
$2,000.00
(2) 
Contesting violations.
A water customer as defined above may request a hearing before a hearing officer appointed by the city manager or their designee within 15 business days after the date on the notice. The hearing officer shall evaluate all information offered by the petitioner at the hearing. The customer shall bear the burden of proof to show why, by preponderance of the evidence, the administrative fee should not be assessed. The hearing officer shall render a decision in writing within three business days of the conclusion of the hearing. The decision by the hearing officer is final and binding.
(3) 
Paying assessed fees.
(A) 
If, after the expiration of the fifteen (15) business days from the date on the notice, the customer has not requested an administrative hearing to contest the assessment of an administrative fee or paid the administrative fee, the city shall apply and charge the assessed administrative fee to the customer’s next city utility bill.
(B) 
Unpaid assessed administrative fees related to violations of water use restrictions under the city plan shall incur late payment penalties and may result in termination of water service.
(Ordinance 2009-04-00647 adopted 4/16/09; Ordinance 2024-04-00999 adopted 4/18/2024)
If, after the expiration of the 15 business days from the date on the notice, the customer has not requested an administrative hearing to contest the assessment of an administrative fee or paid the administrative fee, the city shall apply and charge the assessed administrative fee to the customer's next city utility bill.
(Ordinance 2024-04-00999 adopted 4/18/2024)
The city manager or designee shall be responsible for the enforcement of the provisions of this article.
(Ordinance 2009-04-00647 adopted 4/16/09; Ordinance 2024-04-00999 adopted 4/18/2024)