§ 32-1. Water connections
(a) No consumer shall supply water to other persons or to other families or suffer them to take it except for use on the premises, without the permission of the water department.
(b) No residential or commercial customer of the city's water system shall sell, supply, or allow the use of water for off-premises industrial, commercial, or mining uses, without the written permission of the city's water department. "Off-premises use" shall mean the use of the water at a location other than where the customer's meter is located. "Industrial use" shall be defined as provided by Title 30, Chapter 297, Subchapter 297.1 of the Texas Administrative Code as may be amended, and shall mean the use of water in processes designed to convert materials of a lower order of volume into forms having greater usability and commercial value, including the development of power by means other than hydroelectric, but does not include agricultural use. "Commercial use" shall mean use in a business such as an office building and/or retail store. "Mining use" shall be defined as provided by Title 30, Chapter 297, Subchapter 297.1 of the Texas Administrative Code and shall mean the use of water for mining processes including hydraulic use, drilling, washing sand and gravel, and oil field pressuring.
(c) Two houses shall not be permitted to be supplied with one service pipe where there is a water main in front of the premises or on either side thereof, but shall have separate service pipes. Two or more houses fronting on a street where there is no water main may be supplied with one service connected with the main, such service being of sufficient size to ensure ample supply, but in such cases each of the houses shall have a separate service pipe, stopcock and meter.
(d) No patron of the water works system of the city shall permit any person to tap any water lines leading to his premises without the consent of the city council.
(e) After water is introduced into a building or upon any premises, the same shall not be extended by any plumber or any other person to any other premises for additional fixtures.
(f) Penalty; authority to discontinue water service for violations of subsection (b).
(1) Any person, firm or corporation who violates any provision contained in the provisions of subsection (b) is guilty of a Class C misdemeanor, and upon conviction, shall be fined in an amount not to exceed $500.00 for each offense. The city's authority to seek injunctive or other civil relief available under the law is not limited by this section.
(2) Any person, firm or corporation who violates any provision of subsection (b) shall be subject to discontinuance of water service by the city.
(3) If the person, firm or corporation is convicted of a violation of subsection (b) and/or, violates subsection (b), public works director, or his/her designee, shall, upon due written notice to the person, firm or corporation, be authorized to discontinue water service to the premises where such violations occur. An alleged violator may appeal discontinuance of service by filing a letter of appeal to the city manager or his designee and participating in a hearing with the city manager or designee within ten days after receipt of notice of discontinuance of service. If the alleged violator timely appeals discontinuance of water service and meets with the city manager or designee, water service will not be discontinued until the city manager or designee reaches a final, written decision on the discontinuance of service. In the event the alleged violator fails to appeal and/or participate in a hearing with the city manager or designee within the ten-day time period above, the decision of the public works director to discontinue water service shall be final and non-appealable.
(4) Notwithstanding the foregoing, if the violation of subsection (b) is directly observed by a city employee, the public works director, or his/her designee, shall, without prior written notice to the person, firm or corporation, be authorized to immediately discontinue water service to the premises where such violations occur. Written notice of the discontinuance of service shall be provided to the alleged violator as soon as possible on or after the discontinuance. All alleged violator may appeal discontinuance of service in the same manner as provided in subsection (f)(3) above, but service will not be restored until a final written decision is reached by the city manager or designee, and if the city manager finds that there is sufficient evidence of a violation of subsection (b), the violator pays all amounts to restore service and provide suitable assurance of future compliance with subsection (b) as provided in subsection (5) below. In the event the alleged violator fails to appeal and/or participate in a hearing with the city manager or designee within the ten-day time period above, the decision of the public works director to discontinue water service shall be final and non-appealable.
(5) Services discontinued because of a violation of subsection (b) shall be restored only upon payment of a reconnection charge in the amount of $100.00, and any other costs incurred by the city in discontinuing service. In addition to paying a reconnection charge and other costs as provided above to reconnect service, the alleged violator must provide suitable assurance to the city manager or his/her designee, in a signed, written form approved by the city manager, that the same action shall not be repeated while subsection (b) is in effect.
(6) Any person, firm or corporation, including a person classified as a customer of the city, in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the person's property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show that he/she did not commit the violation.
(Prior Ord., §§ 1—4; Ord. No. 13-5-1, §§ 1, 2, 5-14-2013)