(A) All
vehicles used in the performance of irrigation installation, maintenance,
alteration, repair, or service must display the irrigator’s
license number in the form of “LI __________” in a contrasting
color of block letters at least two inches high, on both sides of
the vehicle.
(B) All
forms of written and electronic advertisements for irrigation services
must display the irrigator’s license number in the form of “LI__________.”
Any form of advertisement, including business cards, and estimates
which display an entity’s or individual’s name other than
that of the licensed irrigator must also display the name of the licensed
irrigator and the licensed irrigator’s license number. Trailers
that advertise irrigation services must display the irrigator’s
license number.
(C) The
name, mailing address, and telephone number of the commission must
be prominently displayed on a legible sign and displayed in plain
view for the purpose of addressing complaints at the permanent structure
where irrigation business is primarily conducted and irrigation records
are kept.
(Ordinance 819-06-02-28, passed 2-28-06; Ordinance 985-08-12-16, passed 12-16-08)
(A) All
contracts to install an irrigation system must be in writing and signed
by each party and must specify the irrigator’s name, license
number, business address, current business telephone number(s), the
date that each party signed the agreement, the total agreed price,
and must contain the statement: “Irrigation in Texas is regulated
by the Texas Commission on Environmental Quality (TCEQ), MC-178, P.O.
Box 13087, Austin, Texas, 78711-3087. TCEQ’s website is:
www.tceq.state.tx.us.”
All contracts must include the irrigator’s seal, signature,
and date.
(B) All
written estimates, proposals, bids, and invoices relating to the installation
or repair of an irrigation system(s) must include the irrigator’s
name, license number, business address, current business telephone
number(s), and the statement: “Irrigation in Texas is regulated
by the Texas Commission on Environmental Quality (TCEQ), MC-178, P.O.
Box 13087, Austin, Texas, 78711-3087. TCEQ’s website is:
www.tceq.state.tx.us.”
(C) An individual who agrees by contract to provide irrigation services as defined in Title 30, Texas Administrative Code, Section 344.30 (relating to License Required) shall hold an irrigator license issued under Title 30, Texas Administrative Code, Chapter
30 (relating to Occupational Licenses and Registrations) unless the contract is a pass-through contract as defined in Title 30, Texas Administrative Code, Section 344.1(36) (relating to Definitions). If a pass-through contract includes irrigation services, then the irrigation portion of the contract can only be performed by a licensed irrigator. If an irrigator installs a system pursuant to a pass-through contract, the irrigator shall be responsible for providing the irrigation system’s owner or owner’s representative a copy of the warranty and all other documents required under this chapter. A pass-through contract must identify by name and license number the irrigator that will perform the work and must provide a mechanism for contacting the irrigator for irrigation system warranty work.
(Ordinance 819-06-02-28, passed 2-28-06; Ordinance 985-08-12-16, passed 12-16-08)
(A) On
all installations of new Irrigation Systems, an irrigator shall present
the irrigation system’s owner or owner’s representative
with a written warranty covering materials and labor furnished in
the new installation of the irrigation system. The irrigator shall
be responsible for adhering to terms of the warranty. If the irrigator’s
warranty is less than the manufacturer’s warranty for the system
components, then the irrigator shall provide the irrigation system’s
owner or owner’s representative with applicable information
regarding the manufacturer’s warranty period. The warranty must
include the irrigator’s seal, signature, and date. If the warranty
is part of the irrigator’s contract, a separate warranty document
is not required.
(B) An
irrigator’s written warranty on new irrigation systems must
specify the irrigator’s name, business address, and business
telephone number(s), must contain the signature of the system’s
owner or owner’s representative confirming receipt of the warranty
and must include the statement: “Irrigation in Texas is regulated
by the Texas Commission on Environmental Quality (TCEQ), MC-178, P.O.
Box 130897, Austin, Texas 78711-3087. TCEQ’s website is:
www.tceq.state.tx.us.”
(C) On
all maintenance, alterations, repairs, or service to existing irrigation
systems, an irrigator shall present the irrigation system’s
owner or owner’s representative a written document that identifies
the materials furnished in the maintenance, alteration, repair, or
service. If a warranty is provided, the irrigator shall provide by
the terms. The warranty document must include the irrigator’s
name and business contact information.
(Ordinance 819-06-02-28, passed 2-28-06; Ordinance 985-08-12-16, passed 12-16-08)
(A) Any person who violates a provision of this chapter or does not comply with the requirements of this chapter shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed $2,000.00 for violation of a city ordinance, as set forth in §
10.99. Each day of such violation shall constitute a separate offense. Such penalty shall be cumulative and not exclusive of any other rights or remedies the city may have.
(B) Nothing
herein contained shall prevent the city or its duly authorized designees
from taking other lawful action as is necessary to prevent or remedy
any violation or this chapter.
(Ordinance 819-06-02-28, passed 2-28-06; Ordinance 985-08-12-16, passed 12-16-08)