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)