No person shall tap a water main within the city. The city shall
make all water taps on the city water mains.
(1965 Code, sec. 19-10; Ordinance
adopted 6/1/76, sec. 1; 1989 Code,
sec. 18-41)
No fire plugs shall be opened except under the supervision of
the fire chief or other city employee, except in case of fire.
(1965 Code, sec. 19-17; Ordinance
adopted 6/1/76, sec. 10; 1989
Code, sec. 18-42)
No person whose water service has been discontinued by the city
for failure to pay any monthly bill or bills shall reconnect or reopen
the cut-offs, or use any city water through his or her meter, without
first paying all delinquent water bills owing to the city.
(1965 Code, sec. 19-18; Ordinance
adopted 6/1/76, sec. 11; 1989
Code, sec. 18-43)
No water service connection shall be made to any establishment
where a potential or actual contamination hazard exists unless the
water supply is protected in accordance with the state commission
on environmental quality rules and regulations for public water systems
(TCEQ rules) and this part. Prior to the issuance of a certificate
of occupancy, a complete test and maintenance report of a testable
prevention assembly shall be submitted to the city. The city shall
discontinue water service if a required backflow prevention assembly
is not installed, maintained and tested in accordance with the TCEQ
rules and this part.
(Ordinance adopted 5/1/17)
(a)
All backflow prevention assemblies shall be tested upon installation
by a recognized backflow prevention assembly tester and certified
to be operating within specifications. Backflow prevention assemblies
which are installed to provide protection against health hazards must
also be tested and certified to be operating within specifications
at least annually by a recognized backflow prevention assembly tester
at the customer’s expense. It shall be the duty of the customer
at any premises where backflow prevention devices are installed to
have certified inspections and operational tests conducted annually.
(b)
All backflow prevention assemblies shall be installed and tested
in accordance with the manufacturer’s instructions, the American
Water Works Association’s Recommended Practice for Backflow
Prevention and Cross-Connection Control (Manual M14) or the University
of Southern California Manual for Cross-Connection Control.
(c)
Assemblies shall be repaired, overhauled, or replaced at the expense
of the customer whenever said assemblies are found to be defective.
Original forms of such test, repairs and overhaul shall be kept and
submitted to the city within five (5) working days of the test, repair
or overhaul of each backflow prevention assembly.
(d)
No backflow prevention assembly or device shall be removed from use,
relocated, or other assembly or device substituted without the approval
of the city. Whenever the existing assembly or device is moved from
the present location or cannot be repaired, the backflow assembly
or device shall be replaced with a backflow prevention assembly or
device that complies with this part, the American Water Works Association’s
Recommended Practice for Backflow Prevention and Cross-Connection
Control (Manual M14), current edition, the University of Southern
California Manual of Cross-Connection Control, current edition, or
the current plumbing code of the city, whichever is more stringent.
(e)
Test gauges used for backflow prevention assembly testing shall be
tested for accuracy at least annually in accordance with the American
Water Works Association’s Recommended Practice for Backflow
Prevention and Cross-Connection Control (Manual M14), current edition,
or the University of Southern California’s Manual of Cross-Connection
Control, current edition. The original calibration form must be submitted
to the city within five (5) working days after calibration.
(f)
A recognized backflow prevention assembly tester must hold a current
endorsement or registration from the state commission on environmental
quality (TCEQ) or any successor agency, a copy of which current endorsement
or registration shall be attached to any complete test or maintenance
report of a testable prevention assembly that is installed, relocated,
required, overhauled, tested or replaced.
(g)
The customer is responsible for general maintenance and upkeep of
an approved backflow prevention assembly. Where an owner of property
leases or rents the same to any person as tenant or lessee, the owner
or tenant, or both, may be held responsible by the city for maintenance.
(h)
The city shall conduct a cross-connection survey of the customer’s
potable water system before providing service and periodically thereafter
to prevent cross-connections between the customer’s potable
water system and contamination or pollution sources. Periodic efforts
shall be made to locate possible cross-connections between the customer’s
potable water systems and the public potable water supply. Unprotected
cross-connections shall be located and eliminated by the customer
to prevent contamination within either potable water supply system.
(Ordinance adopted 5/1/17)
(a)
A customer service inspection shall be completed at the customer’s
expense prior to providing continuous water service to all new construction
or any existing service when the city has reason to believe that cross-connections
or other contaminant hazards exist, or after any material improvement,
correction, or addition to the private water distribution facilities.
(b)
Only individuals with the following credentials shall be recognized
as capable of conducting a customer service inspection:
(1)
Plumbing inspectors and water supply protection specialists who have
been licensed by the state board of plumbing examiners.
(2)
Certified waterworks operators and members of other water-related
professional groups who have completed a training course, passed an
examination administered by the commission or its designated agent,
and hold a current endorsement issued by the commission.
(c)
The customer service inspection must certify that:
(1)
No direct connection between the public drinking water supply and
a potential source of contamination exists. Potential sources of contamination
shall be isolated from the public water system by a properly installed
air gap or an appropriate backflow protection assembly.
(2)
No cross-connection between the public water supply and a private
water source exists. Where an actual properly installed air gap is
not maintained between the public water supply and a private water
supply, an approved reduced pressure-zone backflow prevention assembly
is properly installed and a service agreement exists for annual inspection
and testing by a recognized backflow prevention assembly tester.
(3)
No connection exists which allows water to be returned to the public
drinking water supply.
(4)
No pipe or pipefitting which contains more than .025% lead has been
used for the installation or repair of plumbing at any connection
that provides water for human use.
(5)
No solder or flux that contains more than 0.2% lead has been used
for the installation or repair of plumbing at any connection that
provides water for human use. A minimum of one lead test shall be
performed for each inspection.
(Ordinance adopted 5/1/17; Ordinance adopted 5/6/19)
(a)
The city administrator and the city attorney, and each of them, are
hereby authorized to enforce the provision of this part by any one
of the enforcement mechanisms set forth in this part.
(b)
The inspectors, agents or representatives of the city charged with
enforcement of this part shall be deemed to be performing a governmental
function for the benefit of the general public, and neither the city,
the city administrator nor the individual inspector, agent or representative
of the city engaged in inspection or enforcement activities under
this part, when acting in good faith and without malice, shall ever
be held liable for any loss or damage, whether real or asserted, caused
or alleged to have been caused as a result of the performance of such
government function.
(c)
As a condition of the city providing water service, directly or indirectly,
to property, whether within or outside the corporate limits of the
city, and as a condition of the connection to the public potable water
system by customers under this section, any authorized officer or
employee of the city may enter, inspect, monitor, or conduct enforcement
activities with respect to any part of the public or private potable
water system servicing such premises, shall have a right to enter
without delay to, upon, or through any premises to gain access to
a cross-connection, backflow prevention assembly or piping, and without
limitation may inspect any customer’s potable water system or
piping or records pertinent thereto, required under this part or rules
and regulations of any governmental entity with whom the city may
have an interlocal agreement for the provision of whole water services.
This right of entry shall extend to public streets, easements, and
private property within which any portion of the public or private
potable water system servicing such premises may be located.
(d)
The customer connected to the public potable water system shall make
all necessary arrangements, at its sole expense, to remove without
delay security barrierss or other obstacles to access by the city
administrator or his designee.
(e)
Obstruction or unreasonable delay in allowing access by the city
administrator or his designee to premises connected to the public
potable water system shall constitute a violation of this part.
(f)
If the city administrator has been refused access to a building,
structure, or property or any private potable water system connected
to the public potable water system and if the city administrator has
demonstrated probable cause to believe that a violation of this part,
a plumbing permit, or the order issued hereunder exists or that there
is a need to inspect as part of the city’s routine inspection
program designed to verify compliance with this part or any permit
or order issued hereunder, or to protect the overall health, safety
and welfare of the community, then upon application by this city administration,
a judge of the municipal court shall issue a search and/or seizure
warrant describing therein the specific location subject to search
and the property or items subject to seizure. Such warrant shall be
served at reasonable hours in the company of a uniformed police officer.
In the event of any emergency affecting public health and safety,
such inspection shall be made without the necessity of a warrant.
(g)
Whenever the city administrator or his designee determines that any
person has violated or is violating this part, a plumbing permit,
installation requirements of a backflow prevention assembly under
this part, or any other cross-connection requirement, the city administrator
or his designee may, but shall not be required to, serve upon said
person a written notice of violation (NOV) describing the violation
and the action required to correct the same. Such NOV shall inform
the recipient that within five (5) calendar days of receipt thereof
the person receiving the same shall provide the city administrator
an explanation of the violation and a plan for the satisfactory correction
and prevention thereof, to include specific actions for correction
of the violation; provided, however, that:
(1)
Submission of the proposed corrective action shall in no form or
manner relieve the user of criminal or civil liability for violations
of this part whether before or after receipt of the NOV;
(2)
Nothing in this subsection shall be construed to limit the authority
of the city administrator to pursue other enforcement actions or remedies,
including, without limitation, such emergency actions the city administrator
determines to be necessary, with first issuing a NOV.
(h)
A person who violates any provision of this part is violating a city
ordinance that governs health and sanitation and shall be guilty of
a class C misdemeanor for each day or portion thereof during which
the violation is continued. Each such offense is punishable by a fine
not to exceed $1,000.00 per day.
(i)
A culpable mental state is required to prove a criminal offense under
this part.
(j)
The city attorney is hereby authorized to enforce this part by civil
court actions in accordance with the procedures therefor provided
by state or federal law, including, without limitation, actions for
injunction, damages, declaratory relief or other remedies that the
city attorney shall deem appropriate to pursue.
(k)
Notwithstanding the provisions of this part, if:
(1)
A person has received actual notice of the provisions of this part;
and
(2)
After the person received notice of the provisions of this part,
such person committed or continued acts in violation of this part
or failed to take action necessary for compliance with this part,
the city attorney may institute suit against the owner, occupant or
manager of premises that are in violation of this part, to recover
a civil penalty not to exceed $1,000.00 per day for each such violation.
Each day or fraction thereof that such non compliance continues shall
constitute a separate violation for which civil penalties shall accrue
under this part. Water service may be discontinued if violations are
not corrected within five (5) days of notification by the city administrator
or his designee. Services discontinued under such circumstances shall
be restored only upon the payment of a reconnection charge, hereby
established at $100.00 and any other cost incurred by the city in
discontinuing service. A suit for civil penalties hereunder shall
not prevent nor be a prerequisite for taking any other action against
a person in violation of this part. Such suit may also include therein
a request for such other and further relief as the city attorney shall
deem advisable, including, without limitation, an action for injunction
or claim for damages to recover expenses, loss or damage to city property
occasioned by reason of such violation.
(l)
All remedies authorized under this part are cumulative of all others
unless otherwise expressly provided. Accordingly, the filing of a
criminal action shall not preclude the pursuit of a civil or administrative
action for violation of this part, nor shall the filing of a civil
action preclude the pursuit of any other action or remedy, administrative
or criminal.
(n)
Where an owner of property leases or rents the same to any person
as tenant or lessee, the owner or tenant or both may be held responsible
by the city administrator or his designee for noncompliance with the
provisions of this part.
(o)
Any person violating the provisions of this part shall be liable
to the city for all expenses, loss or damage incurred by the city
by reason of such violation.
(p)
The city administrator may require submittal of complete test and
maintenance reports to the utilities department of any testable backflow
prevention device installed prior to the final release of water or
wastewater inspections (connections). Failure to secure final release
of water or wastewater connections shall result in placement of a
hold on the issuance of the certificate of occupancy for the utilities
department.
(q)
The city administrator shall be authorized under this part to inspect
any premises, real property or building connected to the public potable
water system. Inspections shall include, without limitation, a survey
of such premises, real property or building for determination of cross-connections
or assemblies by a certified backflow prevention assembly technician
or inspection and/or certification of any backflow prevention assembly.
(Ordinance adopted 5/1/17)
