HomeMy WebLinkAboutORD 2023-20 - Water ConservationOrdinance No. 2 h23 - 7-0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS ADDING CHAPTER 1.15 TO THE CITY
OF GEORGETOWN CODE OF ORDINANCES, AND
AMENDING CHAPTERS 13.15 AND 13.16 OF THE CITY OF
GEORGETOWN CODE OF ORDINANCES; REPEALING
CONFLICTING ORDINANCES AND RESOLUTIONS;
MAKING SUCH OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECTS; ESTABLISHING PENALTIES;
INCLUDING A SEVERABILITY CLAUSE; AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, Subchapter C of Local Government Code Chapter 54 allows cities to adopt
procedures to administratively enforce the following types of ordinances: (1) for the
preservation of public safety, relating to the materials or methods used to construct a
building or improvement, including the foundation, structural elements, electrical wiring
or apparatus, plumbing and fixtures, entrances, or exits; (2) relating to the fire safety of a
building or improvement, including provisions relating to materials, types of construction
or design, warning devices, sprinklers or other fire suppression devices, availability of
water supply for extinguishing fires, or location, design, or width of entrances or exits; (3)
relating to dangerously damaged or deteriorated buildings or improvements; (4) relating to
conditions caused by accumulations of refuse, vegetation, or other matter that creates
breeding and living places for insects and rodents; (5) relating to a building code or to the
condition, use, or appearance of property in a municipality; (6) relating to animal care and
control; or (7) relating to water conservation measures, including watering restrictions; and
WHEREAS, the administrative enforcement process is in addition to, but more informal
and flexible than, civil or criminal enforcement, but must have the procedural and due
process safeguards set forth in Section 54.044 of the Texas Local Government Code; and
WHEREAS, the City finds that creating an administrative enforcement process as allowed
by Subchapter C of Chapter 54 of the Texas Local Government Code will protect the
health, safety, and welfare of the citizens of the City; and
WHEREAS, given the potential for frequent and severe drought conditions in Central
Texas, and rapid and significant population growth, the City finds that it is essential to
continue to develop policies and regulations that recognize water is a limited resource and
conserve water so that water is available for critical public health and safety needs,
including but not limited to domestic use, sanitation, fire -fighting, fire suppression, and
natural disasters; and
Ordinance Number: 20Z3— W Page 1 of 3
Description: Ordinance
Date Approved: *A 1 l 2023
WHEREAS, the City finds that Chapter 13.15 of the City Code of Ordinances should be
updated to streamline and clarify the City's basic water conservation measures, and to
revise the violation penalty schedule to encourage water conservation and discourage non-
compliance and water waste; and
WHEREAS, the City finds that Chapter 3.16 of the City Code of Ordinances should be
updated to streamline and clarify the temporary restrictions on water use for certain types
of activities to help the City cope with temporary shortages in water supply when the City
is in a drought phase under its Drought Contingency Plan; and
WHEREAS, the City Council finds it necessary add new Chapter 1.15 to the City Code of
Ordinances, and to amend Chapters 13.15 and 13.16 of the Code of Ordinances as set out
herein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS THAT:
Section 1. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim.
Section 2. Chapter 1.15 is hereby added to the City's Code of Ordinances as shown in
Exhibit A attached hereto.
Section 3. Chapter 13.15 of the City's Code of Ordinances is hereby amended as shown
in Exhibit B attached hereto.
Section 4. Chapter 13.16 of the City's Code of Ordinances is hereby amended as shown
in Exhibit C attached hereto.
Section 5. All ordinances or resolutions that are in conflict with the provisions of this
ordinance are, and the same are hereby, repealed and all other ordinances or resolutions of
the City not in conflict with the provisions of this ordinance shall remain in full force and
effect.
Section 6. If any provision of this ordinance, or application thereof, to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are hereby declared
to be severable.
Section 7. The Mayor is hereby authorized to sign this ordinance and the City Secretary to
attest. This ordinance shall become effective and be in full force and effect in accordance
with the City Charter.
Ordinance Number: 2023— Z4 Page 2 of 3
Description: Ordinance
Date Approved: 6j,1 1 2023
PASSED AND APPROVED on First Reading on the Z$ of c , 2023.
PASSED AND APPROVED on Second Reading on the I C"."-of2023.
ATTEST: THE CJTYI) I 'GEORGETOWN
r- - 7jdj,,,,� &vtjk
Robyn Dens ore, City Secretary Josh
APPROVED AS TO FORM:
kye Wisson(Cily Attorney
ATTACHMENTS:
Exhibit A — New Chapter 1.15
Exhibit B — Amended Chapter 13.15
Exhibit C — Amended Chapter 13.16
Ordinance Number: Page 3 of 3
Description: Ordinance
Date Approved: 11 2023
EXHIBIT A
CHAPTER 1.15 ADMINISTRATIVE HEARINGS
Sec. 1.15.010 Definitions. In this Chapter:
A. Administrative Hearing Coordinator means the Chief Court Clerk, or other assistant or
deputy clerk of the City's Municipal Court, who manages the administrative hearing
process created by this chapter.
B. Administrative Hearing Officer has the meaning given in Section 1.15.013.
C. Administrative Order means the order issued by the Administrative Hearing Officer at
the conclusion of a hearing conducted under this Chapter that includes the disposition
of the Notice of Violation and the amount of fee, fines, penalties and costs.
D. Chief Code Compliance Officer means the person who is the head of the City's Code
Compliance Department.
E. Issuing Officer means a city employee with the authority to issue Notice of Violations
for violations described in Section 1.15.012 (Violations Subject to Administrative
Adjudication).
F. Notice of Violation means the document providing the required notice to the Violator
of the alleged violation and the right to an administrative hearing in accordance with
this Chapter.
G. Violator means the person charged with violating an ordinance described in Section
1.15.012 (Violations Subject to Administrative Adjudication).
Sec. 1.15.011 Purpose; Administrative Hearing Process.
A. Purpose. The purpose of this Chapter is to protect the health, safety, and welfare of the
citizens of the City, by providing for an administrative hearing process for violations of
ordinances described in Local Government Code Section 54.032 (Ordinances Subject
to Quasi -Judicial Enforcement).
B. Process. This chapter establishes a procedure for administrative hearings pursuant to
and consistent with Local Government Code Section 54.044 (Alternative Procedure for
Administrative Hearing).
Sec. 1.15.012 Violations Subject to Administrative Hearing Process.
A. Applicability. The administrative hearing process established in this Chapter may be
used to enforce City ordinances of the types listed in Texas Local Government Code
Section 54.032, specifically including, without limitation, the following types of City
ordinances:
Page 1 of 10
Ordinance No. ZN3 " L6
Exhibit A
Adding Chapter 1.15. Administrative Adjudication of Violations
1. for the preservation of public safety, relating to the materials or methods used to
construct a building or improvement, including the foundation, structural elements,
electrical wiring or apparatus, plumbing and fixtures, entrances, or exits;
2. relating to the fire safety of a building or improvement, including provisions relating
to materials, types of construction or design, warning devices, sprinklers or other fire
suppression devices, availability of water supply for extinguishing fires, or location,
design, or width of entrances or exits;
3. relating to dangerously damaged or deteriorated buildings or improvements;
4. relating to conditions caused by accumulations of refuse, vegetation, or other matter
that creates breeding and living places for insects and rodents;
5. relating to a building code or to the condition, use, or appearance of property in a
municipality;
6. relating to animal care and control, and
7. relating to water conservation measures.
B. Non -Exclusive. Nothing in this Chapter shall prevent the City from also pursuing any
and all other or additional remedies allowed under state law pertaining to alleged
violations of the types of ordinances described in Section 1.15.012(A) and Texas Local
Government Code Section 54.032, including civil, criminal, and equitable remedies.
Sec. 1.15.013 Administrative Hearing Officers.
A. Qualifications. All Administrative Hearing Officers must be licensed to practice law
in the State of Texas and be in good standing with the State Bar of Texas.
B. Hiring or Engagement. One or more Administrative Hearing Officers may be hired
as employees, or engaged as independent contractors, by the City Manager. The
Administrative Hearing Officers shall serve under the direction of the Presiding Judge
of the City's Municipal Court and shall administratively adjudicate violations of
ordinances described in Section 1.15.012(A) (Violations Subject to Administrative
Hearing Process). If one Administrative Hearing Officer is hired or engaged, that
person shall be the Chief Administrative Hearing Officer. If more than one
Administrative Hearing Officer is hired or engaged, the City Manager shall designate
one of them as the Chief Administrative Hearing Officer and the others as assistant or
deputy Administrative Hearing Officers. The assistant or deputy Administrative
Hearing Officers shall have the authority given under Section 1.15.013(C) and shall
also assist the Chief Administrative Hearing Officer in performing the other duties of
that position.
C. Powers and Duties:
Page 2 of 10
Ordinance No. 2.0L3 - 7 o
Exhibit A
Adding Chapter 1.15. Administrative Adjudication of Violations
1. An Administrative Hearing Officer may:
(a) administer oaths;
(b) issue orders that compel the attendance of witnesses and the production of
documents;
(c) issue an Administrative Order; and
(d) act pursuant to the authority granted in Texas Local Government Code Section
54.044 (Alternative Procedure for Administrative Hearing).
2. An order of an Administrative Hearing Officer to compel the attendance of witnesses
and the production of documents is enforceable by the Municipal Court.
3. An Administrative Order issued by an Administrative Hearing Officer is
enforceable by:
(a) filing a civil suit for the collection of a penalty assessed against the person; and
(b) obtaining an injunction that:
(1) prohibits specific conduct that violates the ordinance; or
(2) requires specific conduct necessary for compliance with the ordinance.
Sec. 1.15.014 Notice of Violation.
A. To utilize the Administrative Hearing Process described in this Chapter, the Issuing
Officer will provide the Violator with notice of the alleged violation given by Notice
of Violation.
B. An Notice of Violation for a violation of an ordinance of the type listed in Section
1.15.012(A) will include:
1. the description, date(s), and location of the violation; and
2. a citation or reference to the applicable section of the City Code of Ordinances
allegedly violated; and
3. a statement that the Violator has the right to an administrative hearing under this
Chapter; and
4. a statement that this Chapter and any rules of practice and procedure promulgated
by the Administrative Hearing Coordinator and Presiding Judge pursuant to Section
1.15.015(B) will apply to the administrative hearing; and
5. the penalty range for which the Violator may be held liable; and
Page 3 of 10
Ordinance No. 2M3 -1 c�
Exhibit A
Adding Chapter 1.15. Administrative Adjudication of Violations
6. an option for the Violator to waive the Violator's right to an administrative hearing
by remitting payment of a sum certain (to be set by the Chief Code Compliance
Officer or City Manager, but not to exceed the amounts allowed by this Chapter or
other applicable law) by a date certain (which shall be clearly stated, but not less
than ten (10) business days after the date of the Notice of Violation) and instructions
for how to make the payment, together with a statement that such payment will be
considered an admission of liability for the violation charged; and
7. a statement that the Violator's failure to appear at the administrative hearing will
be considered an admission of liability for the violation charged, and will result in
the issuance of an Administrative Order assessing the maximum allowable amounts
of fines, penalties and costs against the Violator; and
8. the name of the Issuing Officer; and
9. contact information for the Administrative Hearing Coordinator including, if
applicable, information such as website links, payment portal instructions, and
document filing instructions.
C. Filing of Notice of Violation. The original or a copy of the Notice of Violation shall be
filed with a clerk of the Municipal Court and kept in by the ChiefClerk the ordinary course
of business. The filed Notice of Violation constitutes rebuttable proof of the facts it
states.
D. Warnings in Lieu of Notice of Violation. An Issuing Officer may, in the Issuing
Officer's sole discretion, issue a written warning to a Violator instead of an Notice of
Violation. No more than one warning shall be granted to a Violator; and after the first
warning, all violations are subject to issuance of an Notice of Violation, regardless of
the type of violation.
Sec. 1.15.015 Administrative Hearing Process
A. Administrative Hearing Officer to Preside. A hearing to adjudicate the allegations
made in an Notice of Violation issued under Section 1.15.014 (Notice of Violations) shall
be conducted by an Administrative Hearing Officer selected pursuant to Section 1.15.013
(Hearing Officers).
B. Texas Rules of Evidence; Court Rules. The Texas Rules of Evidence do not apply to
an administrative hearing under this chapter, except that the Administrative Hearing
Officer shall take judicial notice of the Notice of Violation, the City of Georgetown
Code of Ordinances, the City's adopted manuals and policies, and any other local, state,
or federal laws and regulations applicable to the proceeding. The Administrative Court
Coordinator and the Presiding Judge may make and enforce rules of practice and
procedure that do not conflict with this Chapter or other applicable law if necessary to
expedite administrative hearings conducted under this Chapter; and any such rules of
practice and procedure shall be published on the City's website.
Page 4 of 10
Ordinance No. ?p?_3 - 1 v
Exhibit A
Adding Chapter 1.15. Administrative Adjudication of Violations
C. Conduct of the Administrative Hearing.
1. The Administrative Hearing Officer shall hear and consider:
(a) Prima facie evidence established by the City Code of Ordinances, this Chapter
(the Notice of Violation), and other applicable law:
(b) Information and testimony presented by the Violator;
(c) Information and testimony presented by the Issuing Officer; and
(d) Information and testimony presented by other persons attending the hearing.
2. The testimony at the hearing shall be recorded and copies of all documentary
information preserved. If an audio recording is made, each voice shall be identified.
3. The Notice of Violation, together with any recorded testimony and documentary
information accepted into evidence before the close of the administrative hearing,
shall constitute the record for appeal. The acceptance oftestimony and documentary
information into evidence shall be noted by the Administrative Hearing Officer in
the record.
4. Unless the Violator files a request with the Administrative Hearing Coordinator at
least seven (7) business days before the hearing date, the Issuing Officer is not
required to attend the Administrative Hearing.
5. At the request of the Violator, the hearing may be rescheduled. A rescheduling
request must be in writing and submitted to the Administrative Hearing Coordinator
at least fourteen (14) business days before the hearing date. If the Administrative
Hearing Coordinator does not respond to a request to reschedule the hearing by
contacting the Violator and the Issuing Officer before the date that is seven (7)
business days before the hearing date, the request is deemed to be denied and the
Violator must appear on the date stated in the Notice of Violation. The Issuing
Officer must also appear if timely requested by the Violator in accordance with
Section 1.15.015(C)(5).
6. At the conclusion of the Administrative Hearing, the Administrative Hearing
Officer shall make a decision based on a preponderance of the evidence, and shall
issue an Administrative Order that either:
(a) finds the Violator liable for the violation and assesses penalties and costs in
accordance with this Chapter; or
(b) finds the Violator not liable for the violation, assesses no penalties or costs, and
dismisses the Notice of Violation.
7. The Administrative Order shall be filed with the Chief Clerk of the Municipal Court
in a separate index and file. The order may be recorded using microfilm,
microfiche, or data processing techniques.
Page 5 of 10
Ordinance No. ZO23— 1O
Exhibit A
Adding Chapter 1.15. Administrative Adjudication of Violations
D. Failure to Appear at a Hearing. If a Violator fails to attend a scheduled administrative
hearing, including an appeal hearing, the Violator is considered to admit liability for the
violation charged, and will result in the issuance of an Administrative Order assessing
the maximum allowable amounts of penalties and costs against the Violator.
See. 1.15.016 Appeals. A Violator who is found by an Administrative Hearing Officer to have
violated an ordinance may appeal the Administrative Order by filing a petition in Municipal Court
before the 31 st day after the date the Administrative Hearing Officer's order is filed. An appeal
does not stay enforcement and collection of the judgment unless the Violator, before filing the
appeal, posts a bond with an agency designated for that purpose by the City. The Municipal
Court's review shall be on the record (not de novo) and limited to a review under the substantial
evidence rule. If a Violator found liable for a violation does not timely appeal the Administrative
Hearing Officer's order, the Administrative Order shall become a final judgment.
See. 1.15.017 Penalty Ranges and Costs.
A. General.
1. Penalties. A fine or penalty for the violation of a rule, ordinance, or adopted policy
assessed by an Administrative Hearing Officer under this Chapter may not exceed
the limits below for each day the violation continues.
2. Costs. Unless the Violator is found not liable, the Administrative Hearing Officer
shall, in additions to assessing penalties against the Violator, assess costs against
the Violator equal to the greater of (i) $25 per Notice of Violation, or (ii) 10% of
the amount of the penalty stated in the Administrative Hearing Officer's order.
B. Administrative Penalties for Non -Water -Related Violations.
Except as otherwise provided in Section 1.15.017(C), the administrative penalties
that may be assessed against a Violator found liable by an Administrative Hearing
Officer shall conform to the penalty schedule set forth below and shall be no more than
$1,000.00 per day per violation. Each day a violation occurs is a separate violation
for the purposes of imposing a penalty. The total penalty will be the sum of all
individual violation penalties.
(a) not less than $500.00 per day for a first violation;
(b) not less than $750.00 per day for a second violation; and
(c) not less than $1,000.00 per day for a third or subsequent violation.
2. In addition to the administrative penalties assessed, the Administrative Hearing
Officer must require a Violator found liable to pay the costs set forth in Section
1.15.017(A)(2).
C. Water Conservation Penalties.
Page 6 of 10
Ordinance No. Zo23 - 2v
Exhibit A
Adding Chapter 1.15. Administrative Adjudication of Violations
1. Maximum penalty. For violations of Chapter 13.15 of the City Code of Ordinances
(Water Utility Services), the administrative penalties that may be assessed against a
Violator found liable by an Administrative Hearing Officer shall conform to the
penalty ranges set forth below and shall be no more than $1,000.00 per day per
violation. Each day a violation occurs is a separate violation for the purposes of
imposing a penalty. The total penalty will be the sum of all individual violation
penalties.
2. Single -Family Residential Violations. Administrative penalties shall be assessed
against a Violator whose service address is a single-family residential lot and who
is found liable by an Administrative Hearing Officer for a violation of Chapter
13.15 of the City Code of Ordinances pursuant to the following penalty schedule:
a) not less than $50.00 and not more than $75.00 for a first violation;
b) not less than $75.00 and not more than $100.00 for a second violation;
c) not less than $100.00 and not more than $250.00 for a third violation; and
d) not less than $250.00 and not more than $500.00 for a fourth or subsequent
violation.
3. Non -Single Family Residential Violations. Administrative penalties shall be
assessed against a Violator whose service address is not a single family residential
lot and who is found liable by an Administrative Hearing Officer for a violation of
Chapter 13.15 of the City Code of Ordinances pursuant to the following penalty
schedule.
a) not less than $250.00 and not more than $400.00 for a first violation;
b) not less than $400.00 and not more than $500.00 for a second violation;
c) not less than $500.00 and not more than $750.00 for a third violation; and
d) not less than $750.00 and not more than $1,000.00 for a fourth or
subsequent violation.
4. In addition to the administrative penalties assessed, the Administrative Hearing
Officer shall order a Violator found liable to pay the costs set forth in Section
1.15.017(A)(2).
D. Administrative Penalties for 13.16 (Drought Contingency Plan) Violations. For
violations of Chapter 13.16 of the City Code of Ordinances (Drought Contingency
Plan), the administrative penalties that may be assessed against a Violator found liable
by an Administrative Hearing Officer shall conform to the penalty ranges set forth below
and shall be no more than $2,000.00 per day per violation. Each day a violation occurs
is a separate violation for the purposes of imposing a penalty. The total penalty will be
the sum of all individual violation penalties.
Page 7 of 10
Ordinance No. 023—\ o
Exhibit A
Adding Chapter 1.15. Administrative Adjudication of Violations
1. Single -Family Residential Violations. Administrative penalties shall be assessed
against a Violator whose service address is a single-family residential lot and who
is found liable by an Administrative Hearing Officer for each violation of Chapter
13.16 of the City Code of Ordinances pursuant to the following penalty schedule.
(a) Violations Occurring During Drought Response Stage 1:
(1) not less than $50.00 and not more than $75.00 for a first violation;
(2) not less than $75.00 and not more than $250.00 for a second violation;
(3) not less than $250.00 and not more than $400.00 for a third violation; and
(4) not less than $400.00 and not more than $1,000.00 for a fourth or
subsequent violation.
(b) Violations Occurring During Drought Response Stage 2:
(1) not less than $75.00 and not more than $150.00 for a first violation;
(2) not less than $150.00 and not more than $300.00 for a second violation;
(3) not less than $300.00 and not more than $450.00 for a third violation; and
(4) not less than $450.00 and not more than $1,000.00 for a fourth or
subsequent violation.
(c) Violations Occurring During Drought Response Stage 3:
(1) not less than $150.00 and not more than $300.00 for a first violation;
(2) not less than $300.00 and not more than $450.00 for a second violation;
(3) not less than $450.00 and not more than $600.00 for a third violation; and
(4) not less than $600.00 and not more than $1,000.00 for a fourth or
subsequent violation.
(d) Violations Occurring During Emergency Drought Response Stage 4:
(1) not less than $200.00 and not more than $350.00 for a first violation;
(2) not less than $350.00 and not more than $500.00 for a second violation;
(3) not less than $500.00 and not more than $650.00 for a third violation; and
(4) not less than $650.00 and not more than $1,000.00 for a fourth or
subsequent violation.
2. Non Single Family Residential Violations. Administrative penalties shall be
assessed against a Violator whose service address is not a single-family residential
lot and who is found liable by an Administrative Hearing Officer for each violation
of Chapter 13.16 of the City Code of Ordinances pursuant to the following penalty
schedule.
(a) Violations Occurring During Drought Response Stage 1:
Page 8 of 10
Ordinance No. IbZ3-1O
Exhibit A
Adding Chapter 1.15. Administrative Adjudication of Violations
(1) not less than $250.00 and not more than $400.00 for a first violation;
(2) not less than $400.00 and not more than $500.00 for a second violation;
(3) not less than $500.00 and not more than $750.00 for a third violation; and
(4) not less than $750.00 and not more than $1,000.00 for a fourth or
subsequent violation.
(b) Violations Occurring During Drought Response Stage 2:
(1) not less than $500.00 and not more than $600.00 for a first violation;
(2) not less than $600.00 and not more than $800.00 for a second violation;
(3) not less than $800.00 and not more than $1,000.00 for a third or subsequent
violation.
(c) Violations Occurring During Drought Response Stage 3: not less than $750.00
and not more than $1,000.00 per day for a first or subsequent violation.
(d) Violations Occurring During Emergency Drought Response Stage 4: not less
than $800.00 and not more than $1,000.00 for a first or subsequent violation;
2. In addition to the administrative penalties assessed, the Administrative Hearing
Officer shall order a Violator found liable to pay the costs set forth in Section
1.15.017(A)(2).
E. Penalty Consideration Factors. In determining the amount of penalty to be assessed
within allowed ranges, the Administrative Hearing Officer should consider the
following factors:
1. the nature of the violation;
2. the gravity of the violation;
3. any actions taken by the Violator to correct the violation;
4. any previous violations committed by the Violator;
5. actual costs of repairs incurred by the City to cure the violation (supported by
documentation);
6. any other relevant information.
F. Payment Due Date.
1. General. For Administrative Orders finding a Violator liable, the Administrative
Order shall include a specific due date for payment of the assessed penalties and
costs, which due date shall not be longer than thirty (30) days from the date of the
Administrative Order.
Page 9 of 10
Ordinance No. ZoZ3 - 2 d
Exhibit A
Adding Chapter 1.15. Administrative Adjudication of Violations
2. Option for Certain Violations. A Violator who admits liability or is found liable
for a violation described Chapter 13.15 (Water Utility Services) or 13.16 (Drought
Contingency Plan) may request the Administrative Hearing Officer to include a
provision in the Administrative Order allowing the Violator to pay the applicable
penalty and costs as charge added to the Violator's next monthly utility statement.
Page 10 of 10
Ordinance No.
Exhibit A
Adding Chapter 1.15. Administrative Adjudication of Violations
EXHIBIT B
CHAPTER 13.15. WATER CONSERVATION
See. 13.15.010. Definitions.
In this Chapter, the following definitions shall apply, unless the context clearly indicates
otherwise or requires a different meaning.
"Automatic irrigation system" means an assembly of component parts installed for the
controlled distribution and conservation of water to irrigate a landscape site, reduce dust, or control
erosion. The term does not include a system used on or by an agricultural operation as defined by
Section 251.002, Agriculture Code. the pipes, tanks, backflow prevention device, valves,
controllers, spray heads, and appurtenances installed after the point of delivery and used to irrigate
landscape with potable water.
"City potable water system" means all components of the system the City uses to produce and
distribute treated water to customers. This system includes all equipment, facilities and
appurtenances between the City's raw water sources and the Customer's potable water system,
including intakes, valves, pumps, wells, pipes, lines, conduits, tanks, receptacles, equipment and
all other fixtures and appurtenances used to produce, convey, treat or store potable water for public
consumption or use.
"City's water service area" means the area within the corporate limits of the City, within the
City's water Certificate of Convenience and Necessity, and any other location where the City
provides retail potable water service.
"Customer" means any individual, partnership, association, joint stock company, trust, or
corporation that receives or uses potable water from the City potable water system, or operates,
repairs or maintains a customer's potable water system, whether or not the individual or entity is
a City water utility account holder means the person, company or entity contracting with the City
utility to receive potable water service.
"Customer's potable water system" means all water pipes, lines, conduits, tanks, receptacles,
fixtures, equipment and appurtenances located between the service connection (water meter) and
the customer's point of use on the customer's lot.
"Director" means the City of Georgetown's Director of Water Utilities.
"Foundation footprint" means the square footage of the structure that includes the house or
facility and garage area of land measured at finished ground level from the outside of all external
walls or supporting columns of a building, but does not include driveways, sidewalks, or
unenclosed porches, decks, ramps, patios, carports, or other unenclosed parking areas.
"Hydrozone" means grouping plants with similar water requirements together in an effort to
conserve water.
"Landscape site" means an area of a lot where landscaping is installed.
Page 1 of 15
Ordinance No. -Zgz
zo
Exhibit B
Amending Chapter 13.15. Water Conservation
"Landscape" or "landscaping" means the soil or sod, vegetation or plant materials, mulch,
lawn or turf grass, and/or hardscape features planted, placed, or constructed on a lot.
"Lawn or turf grass" means a layer of a particular species of grass and roots used to grow or
assemble a lawn.
"Lot" means either a lot recorded on a subdivision plat filed in the Official Public Records of
Williamson County, Texas, or an unplatted tract or parcel of land that existed in its present
configuration prior to May 10, 1977 or is otherwise exempt from platting under the UDC.
"New automatic irrigation system installation" means the connection or set up of an automatic
irrigation system that was not previously existing at a specific location and requiring a permit in
order to perform the work. This includes the addition to or expansion of an existing automatic
irrigation system to cover a new or additional landscape site on a lot, and a complete replacement
of an automatic irrigation system, but does not include the routine maintenance and repair of an
existing automatic irrigation system.
"New construction" means the building or installing of a new structure on an otherwise vacant
lot or portion of a lot.
"Non-residential lot" means a lot that is not a residential lot. The term includes, but is not
limited to, a lot used for more than two dwelling units, or for commercial, retail, industrial,
manufacturing, governmental, green space, open space, parkland, medians, buffer areas,
landscaped areas, or any use other than as for one or two dwelling units.
"Notice of Violation" means a notice to a Violator provided pursuant to Section 13.15.160.
"Plant materials" means living vegetation such as grasses, trees, shrubs, vines, ground covers,
sod, and flowering annuals, biennials and perennials.
"Potable water" means water that is satisfactory for drinking, culinary and domestic purposes
and meets the standards for potable water established by requirements of the TCEQ.
"Residential lot" means a lot used or to be used for one or two dwellings that is or will be
occupied for domestic purposes.
"Seasonal irrigation schedule" means a watering schedule that changes when the local
weather changes in order to irrigate landscaping using the least amount of water.
"Service connection" means the water meter located at the point where the City's potable
water system connects to the Customer's potable water system. A customer may have more than
one service connection.
"Soil depth" means the vertical distance into the soil from the surface to a layer that essentially
stops the downward growth of plant roots. The barrier layer may be rock, sand, gravel, heavy clay,
or a cemented layer (e.g. caliche).
"Summer dormancy capabilities" means the ability of lawn or turf grass to survive without
water for a period of 60 consecutive days between the months of May 1 through and September
30.
"TCEQ" means the Texas Commission on Environmental Quality or its successor agency.
Page 2 of 15
Ordinance No. _ZQ�?— ZU
Exhibit B
Amending Chapter 13.15. Water Conservation
"UDC Development Manual" means the companion document to the UDC, containing forms,
templates, and other information relevant to development including, but not limited to, templates
for tree surveys, tree preservation plans, landscape and tree calculations, and the preferred plant
list.
"UDC" refers means to the City's Unified Development Code.
"Violator" means a person charged with violating a provision of this Chapter.
"Water Waste" means an indiscriminate, unreasonable, or excessive use, running, or
dissipation of water. The term includes, but is not limited to, waste caused by leaks, breaks,
malfunctions, mis-programming, or improper operation of an automatic irrigation system or
component of a customer potable water system; permitting water to run off of a landscape site or
on hardscape; watering during periods when soil is saturated and the water applied to the landscape
could runoff or pool on -site; and landscape watering during any day or time of day when such use
is not permitted by this Chapter, Chapter 13.16, the UDC, or a written agreement with the City.
The term also includes operation of fountains, ponds, lakes, or other ornamental or solely aesthetic
use of potable water that is not recycled, and unmetered use of fire hydrant water by individuals
other than for fire suppression.
"Zonal irrigation" means an automatic irrigation system that can isolate and manage the
irrigation needs of sections of landscape or hydrozones with similar watering requirements,
allowing independent operation of each section or zone of the automatic irrigation system.
Sec. 13.15.020. General provisions.
A. Declaration of Policy. It is declared the policy of the City to preserve the public health, safety
and welfare of the City's water supply, in adequate quantities, as stated in the Texas Health
and Safety Code, Title 5, Section 341, to operate the City's potable water system per Texas
Local Government Code Section 552.017, and conserve water per Texas Local Water Code
Section 551,007 by:
1. Implementing the rules for drinking water standards governing drinking water quality
and reporting requirements for public water supply systems, promulgated by the State
and Federal authorities; and
2. Implementing potable water system connection and usage requirements for customers
of the system; and
3. Implementing requirements to permit the location and connection of private groundwater
wells within the City's water service area; and
4. Implementing landscaping and irrigation requirements that reflect the use of native and
drought resistant plant species with low water requirements and the methods and
schedule of irrigation used to conserve the City's potable water supply; and
5. Achieving compliance with the City's water conservation ordinances, water
conservation plans, and drought management plans.
B. Purposes. This Chapter shall be construed so as to achieve the following objectives:
Page 3 of 15
Ordinance No.
Exhibit B
Amending Chapter 13.15. Water Conservation
1. To preserve the public potable water supply of the City by promoting the efficient use
of the City's water resources to provide for sustainable development and future growth;
and
2. To preserve the underground aquifers used by the City to provide a public water supply
by identifying the use of the underground aquifers by private water users within the
City's water service area; and
3. To encourage the installation of landscaping with low-water requirements to provide for
the efficient use of our natural resources and reduce dependence on irrigation in order to
conserve the potable water supply;
4. To maximize the efficiency of landscape irrigation and avoid wasteful and unnecessary
use of the City's potable water supply.
C. Applicability. This Chapter shall apply to:
1. all customers, regardless of location, and
2. all private well owners located within the boundaries of the City's water service area.
D. Applicability of other Code provisions. In addition to the requirements of this Chapter, the
provisions in Chapter 15.28 (Landscape Irrigation), Chapter 13.16 (Drought Contingency
Plan Regulations), the UDC, UDC Development Manual, and any other relevant ordinance,
order, rule, regulation, policy, penalty or fee schedule shall also apply.
Sec. 13.15.030. Water service.
A. It is unlawful for any person to receive water service from the City by any means other than:
1. Connection to an approved private well; or
2. Connection to the City's potable water system.
Sec. 13.15.040. Water use restrictions.
A. Water Waste Prohibited. It is unlawful for any person to cause, suffer, or allow water
waste.
B. Landscape Watering Schedule. No landscape watering is permitted on Mondays. Unless
otherwise provided in Section 13.15.040(C) (Exceptions to Landscape Watering Schedule) or
Chapter 13.16 (Drought Contingency Plan Regulations) or as authorized in a variance,
watering of landscaped areas is only allowed on the days and during the times set forth in
Table 13.15.040-1 below:
TABLE 13.15.040-1
Automatic Irrigation Systems, Hose -End Sprinklers, Soaker Hoses, and Drip
Irrigation
Page 4 of 15
Ordinance No. 2b� ZU
Exhibit B
Amending Chapter 13.15. Water Conservation
Last digit of
Allowed watering day(s)
Allowed watering hours
property street
address
1, 5, 9
Tuesday and Friday
Midnight to 10:00 AM and
7:00 PM - Midnight
2, 4, 6, 8
Wednesday and Saturday
Midnight to 10:00 AM and
7:00 PM - Midnight
0, 3, 7
Thursday and Sunday
Midnight to 10:00 AM and
7:00 PM - Midnight
Monday
None
C. Exceptions to Landscape Watering Schedule. Landscape watering is allowed outside of
the days and times stated in Table 13.15.040-1, if it meets one or more of the following
criteria:
1. Watering occurs by means of a hand-held hose only;
2. Watering occurs on a different day pursuant to a valid variance;
3. Watering occurs at a commercial plant nursery; or
4. Brief watering occurs during testing of new automatic irrigation system or after repair
or adjustment of an existing irrigation system.
D. Landscape Watering Schedule Variance.
Available Variances. A variance may be granted pursuant to provisions below to allow
landscape watering on days of the week other than those specified in Table 13.15.040-.
No variance allowing landscape watering during times of day other than those specified
in in this Chapter (or in Chapter 13.16 (Drought Contingency Plan Regulations) if the
City Manager has declared a drought stage) will be granted.
2. Applications. Applications for a variance shall be filed online at
https://records.georgetown.org/Fonns/IrrigationVariance.
3. For New Landscaping. The Director may grant a variance under this Section for a
period not to exceed 14 days for newly installed landscaping and sod if:
(a) an irrigation inspector licensed by the TCEQ has determined that, due to site
specific conditions, a landscape site cannot be watered with an average of 0.5 inches
of water within the time limits prescribed by in Table 13.15.040-1, or
(b) watering in a manner or at a time inconsistent with a requirement of this Chapter
is necessary for treatment of tree diseases or for pest control prescribed by a
licensed arborist or pest control professional.
4. Variance Extension for New Landscaping. A one-time extension of an approved
variance may be granted by the Director only upon the submittal by the applicant of a
Page 5 of 15
Ordinance No. _ZDZ3- 7 U
Exhibit B
Amending Chapter 13.15. Water Conservation
written request which demonstrates a clear need for the extension to establish the new
landscaping.
5. For Final Inspection/Connection. If the landscape installation is required in order to
pass a final inspection of a newly constructed single family home, or before connection
to the City's potable water system by the end -buyer of a lot, but the landscape installation
is not complete or additional watering is required to begin to establish the landscaping
outside of the watering schedules in Table 13.15.040-1 (or the watering schedule set forth
in Chapter 13.16 (Drought Contingency Plan Regulations) if the City Manager has
declared a drought stage), the applicant must obtain a variance as allowed by this Section
and provide a copy of the valid irrigation variance to the City inspector and/or post any
required signage relating to the variance on the lot at least one full business day before
the date of request for final inspection or date of connection to the City's potable water
system (as applicable).
Sec. 13.15.050. New Automatic Irrigation System Installation.
A. Applicability. The requirements of this Section apply to installations of new automatic
irrigation systems on residential lots. Additional requirements for new automatic irrigation
systems installed on non-residential lots are addressed in Chapter 8 of the UDC.
B. Permit Required. No new automatic irrigation system shall be installed prior to issuance by
the City of an irrigation permit. Applications for a new automatic irrigation system must be
submitted by a person licensed under Texas Occupations Code Section 1903.251 and Texas
Water Code Chapter 37, unless a statutory exemption to the licensing requirements applies,
in which case the reason for the exemption must be clearly stated on the application. An
application for an irrigation permit shall only be given to irrigation systems meeting the
requirements of this Chapter. The application for an irrigation permit shall include a detailed
irrigation system plan meeting the requirements of this Chapter and having the appropriate
prescribed settings for the rain sensor or moisture shut-off device or other technology based
on the water requirements of the plants and the soil depth at the landscape site.
C. Licensed and Registered Installer Required. New automatic irrigation systems may only
be installed by a person licensed under Texas Occupations Code Section 1903.251 and Texas
Water Code Chapter 37 (unless a statutory exemption to the licensing requirements applies
and the reason for the exemption was stated on the irrigation permit application), and who is
also registered with the City.
D. Minimum System Requirements. In addition to the requirements of Title 15 of the City of
Georgetown Code of Ordinances, all new automatic irrigation systems shall be zonal
irrigation systems and meet the following requirements:
1. Automatic irrigation systems must comply with all applicable regulations and standards
required by Chapter 344, Title 30 of the Texas Administrative Code;
2. Pop-up spray and rotor heads shall direct flow away from any impervious surface and
be placed at least four inches from an impervious surface;
Page 6of15
Ordinance No. 2023" Zb
Exhibit B
Amending Chapter 13.15. Water Conservation
3. All automatic irrigation systems shall include an operational rain or moisture shut-off
device or other technology designed to automatically inhibit or interrupt operations of
the automatic irrigation system during periods of moisture or rainfall;
4. Automatic irrigation systems shall be programmed to meet the City's watering schedule
then in effect for both required day and time of irrigation;
5. Automatic irrigation systems installed on residential lots may not irrigate an area larger
than two and one-half times the foundation footprint or 10,000 square feet, whichever is
the smaller, with spray or rotor irrigation heads;
6. The use of drip irrigation, bubblers and micro -sprayers may be used to expand the
irrigation coverage area, without being included in the area calculation for spray or rotor
irrigation heads; and
7. The new automatic irrigation system must be served by a 3/4" water meter. For residential
lots, the water meter can serve meter both indoor use and outdoor use. For non-residential
lots, there shall be separate meters for indoor and outdoor use so that outdoor use can be
measured separately.
E. Duty to Provide Information to Owner. All installers of new automatic irrigation systems
must provide the following information to the lot owner, and to the occupant of the lot the
occupant is different from the lot owner:
1. Instructions for how to use the automatic irrigation system and set the controller. If an
irrigation variance is programmed into controller, the instructions must include the
variance end date and how to re -program controller to City's water schedule when the
variance expires;
2. A copy of the irrigation system design plan showing the zones; if the lot owner or
occupant is not present when the installation is complete, the irrigation design plan shall
be affixed to the irrigation controller box or an adjacent wall;
Instructions on where and how to find the City's watering schedule; and
4. Information regarding lawn and turf maintenance, including amount of water needed to sustain
the landscaping after it is established, summer dormancy, and lawn mower blade heights
appropriate for the type of lawn or turf installed.Sec. 13.15.060. Residential lot landscaping
requirements.
A. Applicability. The requirements of this Section shall apply to residential lots for which a City
building permit is required, or, if no building permit is required, a service connection (water
meter) is required.
B. Landscape Plan Application and Landscape Plan Approval Required.
An application for a residential landscape plan shall be submitted prior to or with an
application for a building permit, or if no building permit is required, at the time of
customer's request to receive potable water service from the City.
Page 7 of 15
Ordinance No. 2 dam' 2 V
Exhibit B
Amending Chapter 13.15. Water Conservation
2. The application shall include a landscape plan detailing the following information:
a. Location and type of proposed new plant materials; and
b. Any undisturbed areas; and
C. Soil depth in landscape sites; and
d. Type of topsoil added if additional soil required; and
e. Whether a new automatic irrigation system will be installed. The
installation of an automatic irrigation system is not mandatory, but if
installed, it must meet the requirements of Section 13.15.050; and
f. Documentation of compliance with the standards in Section 13.15.060(C);
and
g. Any additional information requested by the City to complete its review.
3. If the applicant is seeking one of the exemptions in Section 13.15.060(D), the
application must demonstrate compliance with the exemption requirements in that
Section.
4. Review of the landscape plan application shall follow the following procedures:
a. The application shall be reviewed for completeness and the applicant shall
be notified of any missing or required information.
b. Staff shall review the completed application, considering any applicable
criteria for approval and notify the applicant of any necessary corrections.
C. Additional procedures may be established for administrative review to
ensure compliance with the City's Code of Ordinances and State law or
regulations.
d. After completion of the review, the landscape plan shall be approved if it
meets the following criteria:
(1) A complete application and any required fees have been submitted; and
(2) The application and content of the application are consistent with
provisions of this Chapter and any other applicable City regulations or
ordinances.
C. Minimum Residential Lot Landscaping Standards.
1. Landscape sites shall have a soil depth of at least six inches (6") prior to the installation
of any landscaping.
2. If it is necessary to add soil to achieve six inches (6") of soil depth, the additional soil
shall either be native soil from the site or non-native, or fertile, loose, easily broken into
pieces and, blended sand/loam/compost topsoil containing at least 20 percent organic
material.
Page 8 of 15
Ordinance No. 2UZ3— w
Exhibit B
Amending Chapter 13.15. Water Conservation
3. The soil depth requirement does not apply to areas unaffected by construction,
uncultivated or remaining in their natural state.
4. All new plant materials, not including lawn or turf grasses, shall be selected from the
City of Georgetown Preferred Plant List and shall be bedded by hydrozone.
5. Trees shall have at least one bubbler installed per newly installed tree if a new irrigation
system is also installed.
6. Installation of new lawn or turf grasses shall meet the following criteria:
a. The lawn or turf grass shall not cover an area larger than two and one-half times the
foundation footprint or 10,000 square feet, whichever is the smaller square footage.
b. Any lawn or turf grass installed shall be fully sodded or seeded in a warm weather
grass variety that has summer dormancy capabilities.
c. The installation of Saint Augustine turf grasses is allowed only in an area receiving
less than six (6) hours of full sun per day.
D. Exemption from Landscape Plan Requirements. The provisions of Section
13.15.060(C) shall not apply, or apply only in part, when:
A residential lot that will remain in its unaltered, natural state or is landscaped 100
percent in plants native to its specific location within the Edwards Plateau or the
Blackland Prairies, as applicable, and no automatic irrigation system installed, is exempt
from soil depth and turf area restrictions and is eligible to have a W water meter
installed.
2. For residential lots that are one (1) acre or larger in size, and only for the portion of such
lot that is outside of the area calculated under Section 13.15.060(C)(6), the provisions of
Section 13.15.060(C) shall not apply if:
a. No other portion of the lot is irrigated with an automatic irrigation system; and
b. The remaining landscaping on the lot, not including lawn and turf grasses, is native
to the specific site location within the Edwards Plateau or the Blackland Prairies.
Sec. 13.15.070. Inspection and approval of installation.
Except as otherwise provided in Section 13.15.080, all required landscaping and irrigation
must normally be completed before issuance of a building permit, or, if no building permit is
required, before the lot is connected to the City's potable water system, or if the lot is already
connected to City's system by a homebuilder who intends to sell the home to an end -buyer on
completion, or before the water account is transferred from the name of the builder/developer to
the end -buyer of the lot. Variances from this requirement may be sought pursuant to Section
13.15.040(D).
Page 9 of 15
Ordinance No. v23'
Exhibit B
Amending Chapter 13.15. Water Conservation
Sec. 13.15.100. Maintenance responsibility.
A. Duty to Maintain and Repair. Failure to properly operate, maintain, and repair an
automatic irrigation system is a violation. The customer is responsible for general maintenance
and upkeep of their plumbing and automatic irrigation system starting at the service connection. If
an owner of a lot leases or rents the dwelling unit or any portion of the lot to a tenant and water
utilities are in the tenant's name, as to the City, the lot owner and the water utility account holder
are both responsible for maintenance.
B. Automatic Irrigation System Audits. Home Owner Associations (HOA's) and non-
residential lot owners must cause their automatic irrigation systems to be inspected by a person
licensed under Texas Occupations Code Sec. 1903.251 and Texas Water Code Chapter 37 (unless
a statutory exemption to the licensing requirements applies, in which case the reason for the
exemption must be clearly stated) every two (2) years to verify compliance with this Chapter. The
City shall be authorized discontinue water service to the premises if the HOA and non-residential
lot owner does not submit proof of the inspection, and completion of any required repairs, to the
City on the City's request.
Sec. 13.15.110. Private wells.
A. The use of a private well for potable water shall be in accordance with the requirements of
this Chapter, any groundwater district having jurisdiction, and the TCEQ.
B. Owners of private wells within the water service area of the City of Georgetown shall submit
a copy of the water well driller's report to the City within 30 days after completion of the
well.
C. If a private well is in use on a property where a connection to the City's potable water system
is in service, such well shall not be connected to the same plumbing system as that which is
supplied by the City's potable water system, and the plumbing system must have a backflow
prevention assembly to protect the public supply from contamination in the event of
inadvertent connection of the private well to the same plumbing system served by the public
water supply. Such backflow prevention assembly installation, maintenance, and testing shall
be in accordance with Chapter 13.36 (Cross Connection Control).
D. The owner of the private hydrants or private wells shall maintain records of maintenance that
are available for inspection or viewing upon request by the City.
E. Owners of private wells that are decommissioned in accordance with the requirements of the
TCEQ or a groundwater district shall report such decommissioning to the City. Upon
submittal of a plugging report to the City, the use of a backflow prevention assembly due to
the existence of a private well is no longer required and the backflow prevention assembly
may be removed in accordance with Chapter 13.36 (Cross Connection Control).
Page 10 of 15
Ordinance No.Z-v
Exhibit B
Amending Chapter 13.15. Water Conservation
Sec. 13.15.120. Private fire hydrant maintenance.
A. All private hydrant barrels will be painted red with the bonnet painted the appropriate color
based on the hydrant flow coding standards in Section 13.15.120(C) to indicate the expected
flow during normal operations. It will be the private hydrant owner's responsibility to test
and maintain their private fire hydrant(s).
B. All private fire hydrants should be tested annually. If the expected flow changes, the hydrant
must be repainted in the appropriate color based on the hydrant flow coding standards in
Section 13.15.120(C) to indicate the updated expected flow during normal operations.
C. Hydrant Flow Coding Standards (Bonnet Color).
FLOW
COLOR
Greater than 1500 GPM
BLUE
1000 to 1500 GPM
GREEN
500 to 999 GPM
ORANGE
Less than 500 GPM
RED
NOT WORKING
BLACK OR BAGGED
Sec. 13.15.130. Inspections.
A. The City may inspect any structure or lot connected or proposed to be connected to the City's
potable water system. Such inspections shall include, without limitation and where
applicable, a Customer Service Inspection (per TCEQ requirements), Backflow Prevention
Assembly Test and Maintenance Report (per TCEQ requirements), plumbing code
inspection, cross connection survey, and/or automatic irrigation system controller settings
review.
B. Prior to making a connection to the City's potable water system, the following documents
and information must be on file with the City:
i. For all connections to the City's potable water system, regardless of location:
A Customer Service Inspection Certificate; and
2. A Backflow Prevention Assembly Test and Maintenance Report (if
applicable); and
3, Documentation that any Automatic Irrigation System controller settings
comply with the City's landscape watering schedule.
ii. For connections within the City of Georgetown City limits and extraterritorial
jurisdiction:
1. A Customer Service Inspection Certificate; and
Page 11 of 15
Ordinance No. 2023- ZO
Exhibit B
Amending Chapter 13.15. Water Conservation
2. A Backflow Prevention Assembly Test and Maintenance Report (if
applicable); and
3. A successful final City Plumbing Inspection; and
4. Documentation that any Automatic Irrigation System controller settings
comply with the City's landscape watering schedule.
iii. For connections outside the City of Georgetown City limits and outside its
extraterritorial jurisdiction:
I. A Customer Service Processing Fee per Section 13.04.220; and
2. A Backflow Prevention Assembly Test and Maintenance Report (if
applicable); and
3. Plumbing inspection by the entity having jurisdiction over plumbing code
compliance; and
4. Documentation that any Automatic Irrigation System controller settings
comply with the City's landscape watering schedule.
Sec. 13.15.140 Offense
A. A person commits an offense if the person:
1. directs, performs, authorizes, requests, allows, assists, facilitates, or permits an act
prohibited by this Chapter;
2. fails to perform an act required by this Chapter;
3. makes or transmits to the Director a false registration, log, inspection, report or other
document required by this Chapter; or
4. tampers with a conductivity controller, intake or discharge meter, readout device, read data
transmittal equipment, or attached plumbing or electrical connections in a manner that
causes inaccurate or false readings or reports of the water use or system operation to meet
any inspection, evaluation or assessment required by this Chapter.
B. Each day or part of the day during which the violation is committed or continued is a
separate offense.
Sec. 13.15.150 Enforcement
A. This Chapter may be enforced in:
1. the administrative enforcement process established in Section 13.15.160;
2. an administrative hearing process established in Chapter 1.15 (Administrative Hearings);
3. a civil action described in Subsection (B) of Chapter 54 of the Texas Local Government
Code; or
Page 12 of 15
Ordinance No.
Exhibit B
Amending Chapter 13.15. Water Conservation
4. a criminal prosecution in Municipal Court.
B. In an administrative hearing process conducted pursuant to Chapter 1.15 (Administrative
Hearings):
1. a person in whose name a water service account is held is presumed to be responsible for
a violation of this Chapter that occurs at the water service account location; and
2. An offense under this Chapter is subject to the penalty provisions prescribed by Chapter
1.15.
C. In a Municipal Court prosecution:
1. an offense under this Chapter is subject to the penalty prescribed by Section 1.08
(Violation- Penalty); and
2. a culpable mental state is not required for fines of $500 or less and need not be proved.
D. Nothing in this Chapter shall preclude the City's pursuit of any and all enforcement
remedies to address a violation of this Chapter.
Sec. 13.15.160 Administrative Enforcement Process — Without An Administrative Hearing
A. Administrative Penalty Amounts.
This Section shall apply when a Violator desires to resolve a Notice of Violation by
admitting liability and waiving (or having been deemed to have waived) an
administrative hearing on the Notice of Violation under Chapter 1.15 (Administrative
Hearings). The City Manager shall establish an administrative penalty schedule
establishing the amount of the penalty assessed to a violator for a violation of Chapter
13.15 when the violator admits liability and/or does not timely request an
administrative hearing.
2. A penalty established under Subsection 13.15.160(A)(1) by the City Manager must
comply with the penalty ranges established in Chapter 1.15 (Administrative Hearings)
for violations of Chapter 13.15.
3. Prior to assessing an administrative penalty against a violator under this Chapter, the
City will provide notice to the violator in accordance with Section 13.15.160(B).
4. The City Manager may include in the administrative penalty schedule established under
Subsection 13.15.160(A)(1) a provision allowing issuance of a warning or courtesy
Page 13 of 15
Ordinance No. U
Exhibit B
Amending Chapter 13.15. Water Conservation
notice, in lieu of a notice of violation, not more than once in a 12 month period for
violations of the provisions in this Chapter.
B. Contents of Notice of Violation. A Notice of Violation issued under this Section
shall contain the following information:
1. information regarding the general description, date(s), and service address of the
alleged violation; and
2. for a Notice of Violation resulting from noncompliant automatic irrigation system
controller settings (e.g., wrong day or wrong time landscape watering), or from failure
to repair a leaking or malfunctioning automatic irrigation system, a statement that, if a
Notice of Violation has not been issued to the Violator within the preceding 12 months,
the Notice of Violation may be resolved by submitting documentation to the City on or
before the date that is 10 days after the date of the Notice of Violation (together with
instructions for submittal) demonstrating that the controller has been reset to limit
watering to the days and hours allowed under Chapter 13.15 (Water Conservation) or
Chapter 13.16 (Drought Contingency Regulations) (as applicable) and/or
documentation that the automatic irrigation system has been repaired (as applicable),
together with a statement that if the Violator notifies the City within the 10-day period
that that the repair cannot be performed within the 10-day period, an additional 20 days
shall be allowed to make the repair, and a statement that if documentation of completion
of all repairs has not been submitted to the City on or before the date that is 30 days
after the Notice of Violation, the maximum allowable amounts of fines, penalties and
costs under Chapter 1.15 (Administrative Hearings) will be added to the Violator's
water utility bill; and
4. for a Notice of Violation that does not result from incorrect settings on an automatic
irrigation system controller or from a failure to repair or maintain an automatic
irrigation system, the penalty amount that the Violator can pay to resolve the Notice of
Violation without an administrative hearing, under Chapter 1.15 (Administrative
Hearings), and an option to either make such payment on or before the date that is 10
days after the date of the Notice of Violation or agree to have the penalty amount added
to Violator's utility bill and paid with said bill, together with a statement that such
payment will be considered an admission of liability for the violation charged; and
5. a statement that the Violator has the right to contest the Notice of Violation in an
administrative hearing under Chapter 1.15 (Administrative Hearings) if such hearing is
requested on or before the date that is 10 days after the date of the Notice of Violation,
together with information regarding how to request an administrative hearing; and
6. the penalty ranges for which the Violator may be held liable after an administrative
hearing under Chapter 1.15 (Administrative Hearings); and
Page 14 of 15
Ordinance No. 2D 3 —ZU
Exhibit B
Amending Chapter 13.15. Water Conservation
7. a statement that the Violator's failure to appear at an administrative hearing under
Chapter 1.15 (Administrative Hearings) will be considered an admission of liability for
the violation charged, and will result in the issuance of an Administrative Order
assessing the maximum allowable amounts of fines, penalties and costs against the
Violator.
C. Issuance of Notice of Violation. Any Notices of Violation issued under this
Chapter will be sent to the person(s) named on the water service account for the service
address where the violation occurred. The Notice of Violation will be sent via U.S. Mail,
email, or text.
Page 15 of 15
Ordinance No. ZDZ3' Zr`
Exhibit B
Amending Chapter 13.15. Water Conservation
EXHIBIT C
CHAPTER 13.16. DROUGHT CONTINGENCY PLAN REGULATIONS
Sec.13.16.010. Purpose.
The purpose of this Chapter is to implement and enforce the City's Drought Contingency Plan, to
conserve and protect the available water supply for domestic water use, sanitation, and fire protection, and
to minimize the impact of water shortages during emergency conditions.
Sec. 13.16.020. Authorization to Issue Orders.
The City Manager is hereby authorized to order that the water use regulations for Drought
Response Stage 1, Drought Response Stage 2, Drought Response Stage 3, or Emergency Drought Response
Stage 4 shall take effect upon the City Manager's determination that the order is necessary to protect the
public health, safety, and welfare. The City Manager may base a drought stage or emergency stage
declaration or termination on any relevant condition, occurrence, factor, or an assessment of all relevant
circumstances that, in the judgment of the City Manager, support such action for any lawful purpose. The
City Manager's order is effective immediately following official public notice and remains in effect until
the City Manager orders the termination of the drought or emergency stage. Unless a different drought or
emergency stage is declared by order of the City Manager, the water use regulations in Section 13.15.040
and Tables 13.15.040-1 of the City's Code of Ordinances shall automatically resume by default immediately
upon any ordered termination of any drought stage or emergency stage.
Sec.13.16.030. Application; Definitions.
A. The provisions of this Chapter shall apply to all persons who use, direct, or manage the use of
potable water supplied by the City of Georgetown. This Chapter does not apply to a person when
the person only uses, directs, or manages the use of reclaimed water or water not supplied by the
City of Georgetown.
B. The terms defined in Section 13.15.010 shall have the same meanings when those terms are used in
this Chapter.
Sec.13.16.040. Drought Response Stage 1 Regulations.
A. Except as otherwise provided in Section 13.16.090 (Exemptions), the provisions of this Section
apply during any Drought Stage 1 period ordered by the City Manager in accordance with
Section 13.16.020.
B. A person may not irrigate outdoors using an automatic irrigation system, hose -end sprinklers,
soaker hoses and drip irrigation except on the days and during the times designated below:
Automatic Irrigation Systems, Hose -End Sprinklers, Soaker Hoses and Drip Irrigation
Last digit of property
street address
Allowed watering day(s)
Allowed watering hours
1, 5, 9
Tuesday and Friday
Midnight to 9:00 AM AND
7:00 PM - Midnight
2, 4, 6, S
Wednesday and Saturday
Midnight to 9:00 AM AND
Page 1 of 9
Ordinance No.
Exhibit C
Amending Chapter 3.16. Drought Contingency Plan Regulations
7:00 PM - Midnight
0, 3, 7
Thursday and Sunday
Midnight to 9:00 AM AND
7:00 PM - Midnight
Monday
None
Sec. 13.16.050. Drought Response Stage 2 Regulations.
A. Except as otherwise provided in Section 13.16.090 (Exemptions), the provisions of this Section
apply during any Drought Stage 2 period ordered by the City Manager in accordance with
Section 13.16.020.
B. A person may not irrigate outdoors using an automatic irrigation system, hose -end sprinklers,
soaker hose and drip irrigation except on the days and during the times designated below:
Automatic Irrigation Systems, Hose -End Sprinklers, Soaker Hoses and Drip Irrigation
Last digit of property
Allowed watering day
Allowed watering hours
street address
1
Tuesday
Midnight to 7:00 AM AND
7:00 PM - Midnight
2 or 6
Wednesday
Midnight to 7:00 AM AND
7:00 PM - Midnight
0
Thursday
Midnight to 7:00 AM AND
7:00 PM - Midnight
5 or 9
Friday
Midnight to 7:00 AM AND
7:00 PM - Midnight
4 or 8
Saturday
Midnight to 7:00 AM AND
7:00 PM - Midnight
3 or 7
Sunday
Midnight to 7:00 AM AND
7:00 PM - Midnight
Monday
None
C. A person may not use water to wash any motor vehicle, motorbike, boat, trailer, or airplane, or
other vehicle or piece of equipment, unless using a hose with a positive shutoff valve or a single,
refillable vessel with water. A person commits a separate offence for each vehicle or piece of
equipment washed in violation of this subsection. It is an affirmative defense to a violation of this
subsection that the water use occurred at a vehicle wash facility for the water use charged in the
complaint.
D. A person may not use water to wash, rinse, or treat any outdoor surface, including but not limited
to sidewalks, walkways, driveways, parking lots, tennis and other sport courts, patios, decks, or
other paved or hard -surfaced areas. A person commits a separate offence for each outdoor surface
washed in violation of this subsection.
E. A person may not use water to flush gutters or permit potable water to run or accumulate in any
gutter, street, or drainage culvert.
Page 2 of 9
Ordinance No.
Exhibit C
Amending Chapter 3.16. Drought Contingency Plan Regulations
F. A person may not use water to add to an indoor or outdoor swimming pool, splash pad, or hot -
tub., unless necessary to maintain the water purification system in service or to maintain structural
integrity of the pool.
G. A person may not use water in an ornamental fountain or pond, except where aeration is necessary
to support aquatic life.
H. A person may not operate a patio mister at a commercial facility except between the hours of 4:00
p.m. and midnight.
Sec.13.16.060. Drought Response Stage 3 Regulations.
A. Except as otherwise provided in Section 13.16.090 (Exemptions), the provisions of this Section apply
during any Drought Stage 3 period ordered by the City Manager in accordance with Section
13.16.020.
B. A person may not irrigate outdoors.
C. A person may not install or plant lawn or turf grass or install sod.
D. A person may not use water to wash any motor vehicle, motorbike, boat, trailer, or airplane, or
other vehicle or piece of equipment, unless using a hose with a positive shutoff valve or a single,
refillable vessel with water. A person commits a separate offence for each vehicle or piece of
equipment washed in violation of this subsection. It is an affirmative defense to a violation of this
subsection that the water use occurred at a vehicle wash facility for the water use charged in the
complaint.
E. A person may not use water to wash, rinse, or treat any outdoor surface, including but not limited
to sidewalks, walkways, driveways, parking lots, tennis and other sport courts, patios, decks, or
other paved or hard -surfaced areas. A person commits a separate offence for each outdoor surface
washed in violation of this subsection.
F. A person may not use water to flush gutters or permit potable water to run or accumulate in any
gutter, street, or drainage culvert.
G. A person may not use water to add to an indoor or outdoor swimming pool, unless necessary to
maintain the water purification system in service or to maintain structural integrity of the pool.
H. A person may not use water in an ornamental fountain or pond, except where aeration is necessary
to support aquatic life.
1. A person may not operate a patio mister at a commercial facility except between the hours of 4:00
p.m. and 8:00 p.m.
J. A person may not operate a charity car wash. It is not a defense to a violation of this subsection
that the charity car wash occurred on a designated watering day for that location.
K. A person may not fill an outdoor hot tub or spa.
L. A person may not operate a splash pad or similar aesthetic or recreational use of water.
Page 3 of 9
Ordinance No. Z-1 U
Exhibit C
Amending Chapter 3.16. Drought Contingency Plan Regulations
Sec. 13.16.070. Emergency Stage 4 Regulations.
A. Except as otherwise provided in Section 13.60.090 (Exemptions), the provisions of this Section apply
during any Emergency Stage 4 period ordered by the City Manager in accordance with Section
13.16.020.
B. A person may not irrigate vegetation outdoors.
C. A person may not use or allow the use of water to test or repair a permanently or temporarily
installed automatic irrigation system or drip irrigation system.
D. A person may not install or plant lawn or turf grass or install sod.
E. A person may not use water to wash any motor vehicle, motorbike, boat, trailer, or airplane, or
other vehicle or piece of equipment. A person commits a separate offense. It is not an affirmative
defense to a violation of this subsection that the water use occurred at a vehicle wash facility for
the water use charged in the complaint.
F. A person may not use or allow the use of water to wash, rinse, or treat any outdoor surface,
including but not limited to sidewalks, walkways, driveways, parking lots, tennis and other sport
courts, patios, decks, or other paved or hard -surfaced areas. A person commits a separate offence
for each outdoor surface washed in violation of this subsection.
G. A person may not use or allow the use of water to flush gutters or permit potable water to run or
accumulate in any gutter, street, or drainage culvert.
H. A person may not use or allow the use of water to add to an indoor or outdoor swimming pool,
fill, or to clean, rinse, supplement, operate or maintain a tub, spa, fountain, pond, pool, or other
container, feature, or improvement used, designed, maintained, or intended for aesthetic, athletic,
or recreational purpose. This does not apply to the filling of non -aerating birdbaths or animal
watering containers.
I. A person may not use or allow the use of water in an ornamental fountain or pond, except where
aeration is necessary to support aquatic life.
J. A person may not operate a patio mister.
K. A person may not operate a charity car wash. It is not a defense to a violation of this subsection
that the charity car wash occurred on a designated watering day for that location.
L. A person may not fill an outdoor hot tub or spa.
M. A person may not operate a splash pad or similar aesthetic or recreational use of water.
N. A person may not use or allow the use of water in or related to a chemical lawn treatment unless
specifically authorized by a variance issued under Section 13.16.100.
O. A person may not use or allow the use of water for watering the ground around a building
foundation to prevent or address foundation cracking unless specifically authorized by a variance
issued under Section 13.16.100.
Page 4 of 9
Ordinance No. 7 U
Exhibit C
Amending Chapter 3.16. Drought Contingency Plan Regulations
Sec.13.16.080. City Manager's Authority to Order Additional Restrictions.
A. The City Manager may order mandatory water restrictions in addition to those prescribed in
Sections 13.16.040 through 13.16.070 to protect public health, safety, welfare, infrastructure or
available resources in the event of an unusual water system operational event, catastrophic
occurrence, severe weather event, or other emergency, disaster situation, or occurrence
necessitating additional restrictions.
B. The City Manager may require municipal wholesale customers to curtail water use on a pro rata
basis, in accordance with Section 11.039 (Distribution of Water During Shortage) of the Texas Water
Code and as determined by any rules or plans adopted pursuant to this chapter or state law.
C. If the City Manager orders additional mandatory water restrictions, those additional mandatory
water use restrictions shall be effective immediately upon official public notice.
Sec.13.16.090. Exemptions.
A. The following exemptions apply during Drought Stage 1, Drought Stage 2, Drought Stage 3, and
Emergency Stage 4, allowing water use as follows during those periods:
1. The use of water necessary to protect the health, safety, or welfare of the public;
2. The use of reclaimed water that is not mixed with or supplemented with potable water
received from the City;
3. Necessary use of water for lawful repair of a water distribution facility, flushing of utility
lines, or flushing of residential or commercial plumbing lines;
4. Necessary use of water, other than for landscape irrigation, for a governmental entity
performing a governmental function, including a capital improvement project;
Use of water, other than for landscape irrigation, necessary to meet express requirements of
federal, state, or local permits related to land development that include but are not limited to
roadway base preparation, dust control, maintenance of trees subject to preservation
restrictions or requirements, concrete or asphalt work, or modification or construction of
improvements;
6. Necessary washing or sanitizing to prevent public health or disease transmission risk
associated with liquid, solid, or particulate residue n or on vehicles, containers, or equipment
lawfully used to maintain, process, or transport food, perishables, garage, liquid or solid
waste, organic materials, or recyclables; and
7. Water use immediately necessary for or relate to firefighting, fire prevention, or fire
suppression activity or operations conduction because of actual risk to the public or
environmental health, safety, or welfare, life, or property associated with the presence of an
uncontrolled fire approaching any person or property.
B. The following exemptions apply during Drought Stage 1, Drought Stage 2, and Drought Stage 3
(but not during Emergency Stage 4), allowing water use as follows during those periods:
1. Outdoor irrigation:
Page 5 of 9
Ordinance No. 2DZ3 - ZU
Exhibit C
Amending Chapter 3.16. Drought Contingency Plan Regulations
1. using a hand-held hose or refillable watering vessel;
2. of trees using an automatic bubbler system or soaker hose placed within the drip -line of
the tree canopy;
3. of vegetable gardens using a soaker hose;
4. of athletic fields used for organized sports practice, competition, or exhibition events
when the irrigation is necessary to protect the health and safety of the players, staff, or
officials present for the athletic event;
5. immediately following a commercial lawn treatment application by an applicator who
possesses required licensure as applicable for use of such substances including fertilizer,
pesticides, and herbicides, provided receipts documenting such application and the
applicator's credentials are presented to the City on request; and
6. of plant material at a commercial nursery.
C. Water use necessary for the repair or installation of a permanently or temporarily installed
automatic landscape irrigation system or drip irrigation system when the person performing the
repair or installation is present in the area of the irrigation.
D. The following exemptions apply during Drought Stage 1 (but not during Drought Stage 2,
Drought Stage 3, or Emergency Stage 4) allowing water use as follows:
1. Water use necessary to comply with federal, state or local land development permits
requiring installation of new landscaping, between the hours of midnight to 9:00 a.m.
Sec.13.16.100. Variances
A. The provisions in Section Sec. 13.15.040.D. (Variances) shall apply to requests for variances from
Section 13.16.040 (Drought Stage 1 Regulations), and Section 13.16.050(Drought Stage 2 Regulations),
B. The following provisions shall apply to requests for variances from Section 13.16.050 (Drought
Stage 2 Regulations) and Section 13.16.140 (Emergency Stage 4 Regulations):
1. Applications. Applications for a variance shall be filed online at
https://records.georgetown.org/Forms/IrrigationVariance, and must be accompanied by the
payment of the required application fee per variance request.
C. Available Variances. The Director may grant a variance to Section 13.16.050 (Drought Stage 2
Regulations) or Section 13.16.070 (Emergency Stage 4 Regulations) only when:
1.watering is required to prevent foundation cracking, in which case the variance will specify a
designated day for foundation watering prohibit watering except before 6:00 a.m. and after
midnight;
2.watering is necessary for the prescribed treatment of tree diseases or pest control; or
3.irrigation of athletic fields is necessary to protect the health and safety of the players and game
officials.
Sec. 13.16.110. Offense
A. A person commits an offense if the person:
Page 6 of 9
Ordinance No. ZOZ.3
Exhibit C
Amending Chapter 3.16. Drought Contingency Plan Regulations
I . directs, performs, authorizes, requests, allows, assists, facilitates, or permits an act prohibited
by this Chapter;
2. fails to perform an act required by this Chapter;
3. makes or transmits to the Director a false registration, log, inspection, report or other
document required by this Chapter; or
4. tampers with a conductivity controller, intake or discharge meter, readout device, read data
transmittal equipment, or attached plumbing or electrical connections in a manner that
causes inaccurate or false readings or reports of the water use or system operation to meet
any inspection, evaluation or assessment required by this Chapter.
B. Each day or part of the day during which the violation is committed or continued is a separate
offense.
Sec. 13.16.170.120. Affirmative Defenses
A. It is an affirmative defense to a violation of this Chapter that the use of water that gave rise to the
violation was consistent with the agreed upon terms and conditions of a water service contract
between the City and a wholesale water customer, provided that the use did not constitute water
waste.
B. It is an affirmative defense to a violation of this Chapter that the use of water that gave rise to the
violation utilized only reclaimed water or water that was not provided by the City of Georgetown,
did not endanger public health, safety, or property, and did not constitute water waste.
C. It is an affirmative defense to a violation of this Chapter that the use of water that gave rise to the
violation occurred solely because of a documented emergency that prevented strict compliance,
provided that the use did not disrupt the availability of adequate water for other public emergency
responses, or for firefighting or fire suppression purposes.
Sec.13.16.130. Enforcement
A. This chapter may be enforced in:
1. the administrative enforcement process established in Section 13.16.140;
2. an administrative hearing process established in Chapter 1.15 (Administrative Hearings);
3. a civil action described in Subsection (B) of Chapter 54 of the Texas Local Government Code;
or
4. a criminal prosecution in Municipal Court.
B. In an administrative hearing process conducted pursuant to Chapter 1.15 (Administrative
Hearings):
1. a person in whose name a water service account is held is presumed to be responsible for a
violation of this chapter that occurs at the water service account location; and
2. An offense under this chapter is subject to the penalty provisions prescribed by Chapter 1.15
(Administrative Hearings).
C. In a Municipal Court prosecution:
Page 7 of 9
Ordinance No. 20Z3-?-0
Exhibit C
Amending Chapter 3.16. Drought Contingency Plan Regulations
1. an offense under this chapter subject to the penalty prescribed by Section 1.08 (Violation -
Penalty); and
2. a culpable mental state is not required for fines of $500 or less and need not be proved.
D. Nothing in this chapter shall preclude the City's pursuit of any and all enforcement remedies to
address a violation of this chapter.
Sec. 13.16.140 Administrative Enforcement Process — Without An Administrative Hearing
A. Administrative Penalty Amounts.
This Section shall apply when a Violator desires to resolve a Notice of Violation by
admitting liability and waiving (or having been deemed to have waived) an
administrative hearing on the Notice of Violation under Chapter 1.15 (Administrative
Hearings). The City Manager shall establish an administrative penalty schedule
establishing the amount of the penalty assessed to a violator for a violation of Chapter
13.16 when the violator admits liability and/or does not timely request an
administrative hearing.
2. A penalty established under Subsection 13.16.140(A)(1) by the City Manager must
comply with the penalty ranges established in Chapter 1.15 (Administrative Hearings)
for violations of Chapter 13.16.
3. Prior to assessing an administrative penalty against a violator under this Chapter, the
City will provide notice to the violator in accordance with Section 13.16.140(B).
4. The City Manager may include in the administrative penalty schedule established under
Subsection 13.16.140(A)(1) a provision allowing issuance of a warning or courtesy
notice, in lieu of a notice of violation, not more than once in a 12 month period for
violations of the provisions in this Chapter.
B. Contents of Notice of Violation. A Notice of Violation issued under this Section
shall contain the following information:
information regarding the general description, date(s), and service address of the
alleged violation; and
2. for a Notice of Violation resulting from noncompliant automatic irrigation system
controller settings (e.g., wrong day or wrong time landscape watering), or from failure
to repair a leaking or malfunctioning automatic irrigation system, a statement that, if a
Notice of Violation has not been issued to the Violator within the preceding 12 months,
the Notice of Violation may be resolved by submitting documentation to the City on or
before the date that is 10 days after the date of the Notice of Violation (together with
Page 8 of 9
Ordinance No.1-02a-2C�
Exhibit C
Amending Chapter 3.16. Drought Contingency Plan Regulations
instructions for submittal) demonstrating that the controller has been reset to limit
watering to the days and hours allowed under Chapter 13.15 (Water Conservation) or
Chapter 13.16 (Drought Contingency Regulations) (as applicable) and/or
documentation that the automatic irrigation system has been repaired (as applicable),
together with a statement that if the Violator notifies the City within the 10-day period
that that the repair cannot be performed within the 10-day period, an additional 20 days
shall be allowed to make the repair, and a statement that if documentation of completion
of all repairs has not been submitted to the City on or before the date that is 30 days
after the Notice of Violation, the maximum allowable amounts of fines, penalties and
costs under Chapter 1.15 (Administrative Hearings) will be added to the Violator's
water utility bill; and
4. for a Notice of Violation that does not result from incorrect settings on an automatic
irrigation system controller or from a failure to repair or maintain an automatic
irrigation system, the penalty amount that the Violator can pay to resolve the Notice of
Violation without an administrative hearing, under Chapter 1.15 (Administrative
Hearings), and an option to either make such payment on or before the date that is 10
days after the date of the Notice of Violation or agree to have the penalty amount added
to Violator's utility bill and paid with said bill, together with a statement that such
payment will be considered an admission of liability for the violation charged; and
5. a statement that the Violator has the right to contest the Notice of Violation in an
administrative hearing under Chapter 1.15 (Administrative Hearings) if such hearing is
requested on or before the date that is 10 days after the date of the Notice of Violation,
together with information regarding how to request an administrative hearing; and
6. the penalty ranges for which the Violator may be held liable after an administrative
hearing under Chapter 1.15 (Administrative Hearings); and
7. a statement that the Violator's failure to appear at an administrative hearing under
Chapter 1.15 (Administrative Hearings) will be considered an admission of liability for
the violation charged, and will result in the issuance of an Administrative Order
assessing the maximum allowable amounts of fines, penalties and costs against the
Violator.
C. Issuance of Notice of Violation. Any Notices of Violation issued under this
Chapter will be sent to the person(s) named on the water service account for the service
address where the violation occurred. The Notice of Violation will be sent via U.S. Mail,
email, or text.
Page 9 of 9
Ordinance No. OZ - Z-C>
Exhibit C
Amending Chapter 3.16. Drought Contingency Plan Regulations