§ 47-257. Penalties  


Latest version.
  • (a)

    With the exception of customers with water service contracts, in accordance with section 54.001 of the Texas Local Government Code, any person who violates any provision of this article shall be guilty of an offense and upon conviction thereof, shall be punished by a fine of not less than $100.00 nor more than $2,000.00 for each violation. Each act of city water use in violation of this article shall constitute and be punishable as a separate offense. Each day that any violation continues shall constitute and be punishable as a separate offense. Unless another penalty is specifically provided by this Code or by state law, the penalty for violation of any provision of this article shall be as follows:

    (1)

    For violations of section 47-252 (stage two water shortage), the department may issue a written warning to a customer for a first-time violation. Any subsequent violations are subject to a fine of $100.00 to $2,000.00.

    (2)

    For violations of section 47-253 (stage three water shortage), the department may issue a written warning to a customer for a first-time violation. Any subsequent violations are subject to a fine of $500.00 to $2,000.00. Additionally, the director may monitor the water account of any customer who has been convicted of a violation of section 47-253. Daily monitoring may continue through the end of the existing water shortage period. The director may turn off city water if a customer has violated the authorized water use during a stage three water shortage on three separate instances within a 30-day period. Water service may be reinstated to a customer after a termination only upon a) payment of all applicable fines and any outstanding water service charges; and b) agreeing to the maximum rate in existence, regardless of the customer's billing rate class, for all future water service provided during the 12 months immediately following the termination and filing such agreement in writing with the department.

    (3)

    Violations of section 47-254 (stage four water shortage) are subject to fines of $1,000.00 to $2,000.00. Additionally, all customers exceeding the allowed water usage during a stage four water shortage by ten percent or more shall pay a 20 percent surcharge for the current and two subsequent billing periods. The director may also turn off city water if a customer has exceeded the authorized water use during a stage four water shortage on three separate instances within a 30-day period. Water service may be reinstated to a customer after termination only upon a) payment of all applicable fines and any outstanding water service charges; and b) agreeing to the maximum rate in existence, regardless of the customer's billing rate class, for all future water service provided during the 12 months immediately following the termination and filing such agreement in writing with the department.

    (b)

    In the event that a customer with a water service contract engages in the unauthorized use of city water, the city shall have the right to pursue any and all rights and remedies allowed under existing contracts with customers, and any and all remedies allowed under Texas law.

(Ord. No. 2012-997, § 2(Exh. A), 11-14-2012)