O-2584-1-07ORDINANCE NO. 2584-1-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, AMENDING CHAPTER 14 OF THE CODE OF
ORDINANCES BY AMENDING SECTION 14.16 (12) TO AMEND THE
ENFORCEMENT PROCEDURES TO PROVIDE FOR AN ADMINISTRATIVE
PENALTY APPLICABLE TO NON -SINGLE FAMILY WATER CUSTOMERS
THAT VIOLATE THE DROUGHT CONTINGENCY PLAN; PROVIDING A
SEVERABELM CLAUSE; PROVIDING A REPEALING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Allen, Texas (the "City"), recognizes that the amount of water available to its
water customers is limited; and,
WHEREAS, the City recognizes that due to natural limitations, drought conditions, system failures and
other acts of God which may occur, the City cannot guarantee an uninterrupted water supply for all
purposes at all times; and,
WHEREAS, the City has determined an urgent need in the best interest of the public to maintain a
Drought Contingency Plan; and,
' WHEREAS, pursuant to Chapter 54 of the Local Government Code, the City is authorized to adopt such
Ordinances necessary to preserve and conserve its water resources; and,
WHEREAS, on May 9, 2006, by Ordinance No. 2519-5-06, the City Council of the City of Allen
adopted a Drought Contingency Plan to be implemented in the event of a water shortage, and such
Ordinance was codified as Sections 14-15 and 14-16, Chapter 14 of the City of Allen Code of
Ordinances; and
WHEREAS, after enacting the Drought Contingency Plan, the City of Allen has encountered unforeseen
costs associated with the enforcement provisions of the Plan; and
WHEREAS, after enacting the Drought Contingency Plan, the City of Allen has encountered unforeseen
administrative and personnel demands associated with the enforcement provisions of the Plan; and
WHEREAS, the City Council of the City of Allen has determined that enacting administrative remedies
for water customers, other than single families, who violate the Drought Contingency Plan is appropriate;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. Chapter 14 of the City of Allen Code of Ordinances is hereby amended by amending
Section 14-16 (12) to amend the enforcement procedures of Section 3.6 of the NTMWD Model Drought
' Contingency Plan to read as follows:
"Sec. 14-16 Amendments.
(12) Section 3.6 Procedures for Enforcing Mandatory Water Use Restrictions.
(a) Criminal Penalties. Mandatory water use restrictions may be imposed in Stage 3 and Stage
4 drought stages. These mandatory water use restrictions will be enforced by warnings and
penalties as follows:
• On the first violation, customers will be given a written warning that they have violated the
mandatory water restriction.
• On the second and subsequent violations, citations may be issued to customers, with
minimum and maximum fines established by ordinance.
• After two violations have occurred, member cities and customers may install a flow restrictor
in the line to limit the amount of water that may pass through the meter in a 24-hour period.
• After three violations have occurred, member cities and customers may cut off water service
to the customer.
Any person, firm, or corporation violating any of the provisions or terms of the Drought
Contingency Plan shall be deemed guilty of a misdemeanor and, upon conviction thereof, be
subject to a fine not to exceed two thousand dollars ($2,000) for each offense. Each and every
day such violation shall continue shall be deemed to constitute a separate offense. The
Community Services Director or designee is responsible for the enforcement of the Drought
Contingency Plan.
' For enforcement purposes, after one warning of violation, if a citation is to be issued, and the
account holder cannot be reached to be served the citation, including the account holder's
apparent refusal to accept delivery of a citation sent by certified mail, then the City may
discontinue water service until such time as the registered City utility account holder presents
themselves to receive their citation. After the citation is issued, no reconnection fee will be
charged to the customer.
(b) Administrative Remedies. The City may elect to exercise the following administrative
remedies in lieu of pursuing criminal penalties against non -single family water account holders,
such as business and professional parks, homeowner's associations, apartments, home builders,
land developers, and entities other than customers residing at single family homes.
L Warniae and Notice of Violation. For the fast observed violation, a warning letter
will be forwarded via the United States Postal Service to the person or entity at the
address reflected in the City's customer and utility billing records. For each subsequent
violation, a violation notice ("Notice") will be forwarded via the United States Postal
Service to the person or entity at the address reflected in the City's customer and utility
billing records. The Notice shall set forth the administrative penalty and specifically
enumerate the offense(s) that were observed, along with the applicable administrative
fee(s) that applies. The Notice shall also set forth the procedure for contesting violations
as set forth herein.
if. Administrative Fees. The following administrative fees shall apply for offenses
occurring after issuance of the warning letter at each metered service address:
Ordinance No. 2584-1-07, Page 2
Ill. Contesting Violations. A customer may request a hearing before a hearing officer
appointed by the Community Services Director to contest the assessment of the
administrative fee by submitting a hearing request in writing to the City of Allen
Community Services Department within fifteen (15) business days after the date on the
Notice. The hearing officer shall evaluate all information offered by the petitioner at the
hearing. The customer shall bear the burden of proof to show why, by preponderance of
the evidence, the administrative fee should not be assessed. The hearing officer will
render a decision in writing within three (3) business days of the conclusion of the
hearing.
A customer may appeal the decision from the hearing officer in writing to the
Community Services Director by submitting a request for appeal in writing to the
Community Services Department within three (3) business days after receipt of the
hearing officer's decision. The Community Services Director, or designee, shall hear the
appeal and render a decision within three (3) business days of the conclusion of the
hearing. The decision by the Director of the Community Services Department is final
and binding.
iv. Paving Assessed Fees. If, after the expiration of fiftcen (15) business days from the
' date on the Notice, the customer has not requested an administrative hearing to contest
the assessment of an administrative fee or paid the administrative fee, the City shall apply
and charge the assessed administrative fee to the customer's next City Utility Bill.
1
Unpaid assessed administrative fees related to violations of water use restrictions under
the Drought Contingency Plan shall incur late payment penalties and may result in
termination of water service."
SECTION 2. Any customer, defined pursuant to 30 Tex. Admin. Code Chapter 291, failing to comply
with the provisions of the Plan or who violates any provision of this Ordinance shall be subject to a fine
not to exceed Two Thousand Dollars ($2,000) and/or discontinuance of water service by the City. Proof
of a culpable mental state is not required for a conviction of an offense under this ordinance. Each day a
customer fails to comply with the Plan or continues to be in violation of this Ordinance shall constitute a
separate violation. The City's authority to seek injunctive or other civil relief available under the law is
not limited by this Ordinance.
SECTION 3. An offense committed before the effective date of this Ordinance is governed by prior law
and the provisions of the City of Allen Code of Ordinances, as amended, in effect when the offense was
committed and the former law is continued in effect for this purpose.
Ordinance No. 2584-1-07, Page 3
First Offense
$200
Second Offense
$400
'
Third Offense
$600
Fourth and subsequent offenses
$2,000
Ill. Contesting Violations. A customer may request a hearing before a hearing officer
appointed by the Community Services Director to contest the assessment of the
administrative fee by submitting a hearing request in writing to the City of Allen
Community Services Department within fifteen (15) business days after the date on the
Notice. The hearing officer shall evaluate all information offered by the petitioner at the
hearing. The customer shall bear the burden of proof to show why, by preponderance of
the evidence, the administrative fee should not be assessed. The hearing officer will
render a decision in writing within three (3) business days of the conclusion of the
hearing.
A customer may appeal the decision from the hearing officer in writing to the
Community Services Director by submitting a request for appeal in writing to the
Community Services Department within three (3) business days after receipt of the
hearing officer's decision. The Community Services Director, or designee, shall hear the
appeal and render a decision within three (3) business days of the conclusion of the
hearing. The decision by the Director of the Community Services Department is final
and binding.
iv. Paving Assessed Fees. If, after the expiration of fiftcen (15) business days from the
' date on the Notice, the customer has not requested an administrative hearing to contest
the assessment of an administrative fee or paid the administrative fee, the City shall apply
and charge the assessed administrative fee to the customer's next City Utility Bill.
1
Unpaid assessed administrative fees related to violations of water use restrictions under
the Drought Contingency Plan shall incur late payment penalties and may result in
termination of water service."
SECTION 2. Any customer, defined pursuant to 30 Tex. Admin. Code Chapter 291, failing to comply
with the provisions of the Plan or who violates any provision of this Ordinance shall be subject to a fine
not to exceed Two Thousand Dollars ($2,000) and/or discontinuance of water service by the City. Proof
of a culpable mental state is not required for a conviction of an offense under this ordinance. Each day a
customer fails to comply with the Plan or continues to be in violation of this Ordinance shall constitute a
separate violation. The City's authority to seek injunctive or other civil relief available under the law is
not limited by this Ordinance.
SECTION 3. An offense committed before the effective date of this Ordinance is governed by prior law
and the provisions of the City of Allen Code of Ordinances, as amended, in effect when the offense was
committed and the former law is continued in effect for this purpose.
Ordinance No. 2584-1-07, Page 3
I
1
SECTION 4. If any section, paragraph, clause or provision of this Ordinance shall for any reason be
held invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or
provision shall not affect any of the remaining provisions of this Ordinance.
SECTION 5. All Ordinances of the City of Allen, Collin County, Texas, in conflict with the provisions
of this Ordinance be, and the same are hereby, repealed; provided, however, that all other provisions of
said Ordinances not in conflict with the provisions of this Ordinance shall remain in full force and effect.
SECTION 6. The City Manager or his designee is hereby directed to file a copy of the Plan and this
Ordinance with the Texas Commission on Environmental Quality in accordance with Title 30, Chapter
288 of the Texas Administrative Code.
SECTION 7. This Ordinance shall take effect immediately from and after its passage and the
publication of the caption and it is accordingly so ordained.
DULY PASSED AND APPROVED BY TBE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, ON THIS THE 23RD DAY OF JANUARY, 2007.
APPROVED AS TO FORM:
Pete�h, Attorney
APPROVED:
greplkn Terrell, Mayor
ATTEST:
Ordinance No. 25841-07, Page 4