It shall be unlawful for any person, firm, or corporation to install an irrigation system within the city without first obtaining an irrigator’s permit from the city and being registered per section
3.03.002.
(Ordinance 830, sec. 2, adopted 6/13/06; 2004 Code, sec. 3.601)
Irrigation systems shall be installed in accordance with the
currently adopted edition of the International Plumbing Code and shall
comply with the latest state commission on environmental quality rules
and regulations.
(Ordinance 830, sec. 2, adopted 6/13/06; 2004 Code, sec. 3.602; Ordinance adopting 2021 Code)
Backflow prevention assemblies shall be installed as required per article
13.10, Backflow Prevention, of chapter
13, Utilities.
(Ordinance 830, sec. 2, adopted 6/13/06; 2004 Code, sec. 3.603)
(a) Any
commercial or industrial customer class irrigation system installed
within the city on or after the effective date of this section (Ordinance
adopted June 13, 2006) must be equipped with rain and freeze sensors.
(b) Any
commercial or industrial customer class irrigation system installed
before the effective date of this section (Ordinance adopted June
13, 2006) may not be operated after June 1, 2007, without being equipped
with rain and freeze sensors.
(c) The
potable water supply to any lawn irrigation system shall be protected
against backflow in accordance with the city’s backflow and
cross-connection control program. All rain and freeze sensors for
commercial class lawn irrigation systems shall undergo annual inspection
and testing.
(d) Any
residential customer class irrigation system installed within the
city on or after June 1, 2007, must be equipped with rain and freeze
sensors.
(e) It shall be unlawful for any person to knowingly or recklessly install, operate, or cause or permit the installation of or the operation of an irrigation system in violation of subsections
(a) through
(d) above on premises owned, leased, or managed by that person.
(Ordinance 831, sec. 1, adopted 6/13/06; 2004 Code, sec. 3.604)
(a) The director of public works may grant variances from the provisions of section
3.11.004 to persons demonstrating extreme hardship and need as determined by the director of public works and only under the following conditions:
(1) The applicant must sign a compliance agreement on forms provided
by the director of public works, agreeing to irrigate or water a lawn
or landscape only in the amount and manner permitted by the variance;
(2) Granting of a variance must not cause an immediate significant reduction
in the city’s water supply;
(3) The extreme hardship or need requiring the variance must relate to
the health, safety, or welfare of the person requesting it; and
(4) The health, safety or welfare of other persons must not be adversely
affected by granting the variance.
(b) The
director of public works may revoke a variance granted when the director
determines that:
(1) The conditions of subsection
(a) above are not being met or are no longer applicable;
(2) The terms of the compliance agreement are being violated; or
(3) The health, safety or welfare of other persons requires revocation.
(c) No
variance shall be permitted for an action or purpose that violates
those rules promulgated by the state commission on environmental quality,
contained in chapter 344, subchapter A, section 344.1, subchapter
C, sections 344.30–344.38, subchapter D, sections 344.40–344.43
and subchapters E and F, sections 344.50–344.65 [of title 30]
Texas Administrative Code (effective January 1, 2009), and as adopted
by reference by the city as the currently adopted edition of the International
Plumbing Code, and the currently adopted edition of the International
Residential Code, and in this section, above.
(Ordinance 909, sec. 3, adopted 4/14/09; 2004 Code, sec. 3.605; Ordinance adopting 2021 Code)
The governmental use of water for essential services such as
police, fire and emergency services which are necessary to preserve
or protect the health, safety and welfare of the citizens of the city
are exempt from any and all restrictions or mandates set forth in
this article.
(Ordinance 909, sec. 3, adopted 4/14/09; 2004 Code, sec. 3.606)
The director of public works may assess an administrative fee,
in addition to any criminal penalty assessed for a violation of this
article, as described below. Each day that a violation occurs shall
constitute a separate violation.
(1) In-ground irrigation systems violations.
(A) The director of public works may install a locking device on a double
check valve to the irrigation system found to be operating in violation
of this article and shall assess an administrative fee as approved
by the city council;
(B) Notice shall be left on the premises to advise the owner/operator
that the double check valve to the irrigation system has been turned
off; and
(C) Notice shall also be sent by United States Postal Service to the
person recorded as the city’s water customer notifying that
person that the irrigation system has been turned off and locked.
The notice shall also state the amount of the assessed administrative
fee and shall advise the person of the procedures for payment of the
fee and the procedure to request a hearing to contest the assessment
of the administrative remedy.
(2) Violations for systems without double-check valves or in-ground irrigation
systems.
(A) The director of public works shall leave notice on the premises to
advise the owner/operator that the person was in violation of watering
restrictions and may assess an administrative fee as approved by city
council.
(B) Notice shall also be sent by United States Postal Service to the
person recorded as the city’s water customer notifying that
person of the assessment of an administrative fee and advising the
person of the procedures for payment of the fee and the procedure
to request a hearing to contest the assessment of the administrative
remedy.
(3) Tampering with locking device.
It shall be unlawful
for any person to tamper with, cause damage to or remove a locking
device placed on a check valve by the director of public works.
(Ordinance 909, sec. 3, adopted 4/14/09; 2004 Code, sec. 3.607)
(a) A
person assessed an administrative fee who wishes to re-establish service
to the irrigation system is required to make payment of the assessed
fee.
(b) A
person may request a hearing to protest the assessment of an administrative
fee. To request a hearing, the water customer must make the request
in person to the water department within fifteen (15) business days
from the date on the written notice of violation. If a locking device
was installed it shall remain in place until the conclusion of the
hearing and payment of any required fee.
(c) The
director of public works shall act as the hearing officer. The director
of public works shall evaluate all information offered by the petitioner
at the hearing. The petitioner making the request for a hearing shall
bear the burden of proof to show by a preponderance of the evidence
why the administrative fee should not be assessed. The hearing officer
will provide a decision at the time of the hearing or within three
(3) business days following the conclusion of the hearing.
(d) Payment
of any fees assessed at the hearing must be made within seven (7)
business days of the decision. Any fees not paid within this time
limit shall be added to the customer’s next water bill.
(e) A
person may elect to pay the administrative fee without requesting
a hearing. Any fees not paid within fifteen (15) business days from
the date of the written notice shall be added to the person’s
next water bill.
(Ordinance 909, sec. 3, adopted 4/14/09; 2004 Code, sec. 3.608)
The locking device will be removed by the director of public
works or his designee within three (3) business days after payment
is received from customer.
(Ordinance 909, sec. 3, adopted 4/14/09; 2004 Code, sec. 3.609)