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(a) All owners of real property situated within the city upon which improvements are situated, where the outside line of any part of the property abuts upon an alley or street or through which a public sewer extends or is within a distance or radius of 100 feet of a public sanitary sewer, shall provide a water closet with water service on such premises and connect same with the public sewer, which connection shall be and made by and at the expense of the owner of the improvements.
(b) Where a sanitary sewer is not available, but where water under pressure is available, such water closet shall be connected to an on-site sewage disposal system installed in accordance with all local and state regulations, including requirements found in this article.
(c) The requirements of this section shall apply to every lot or part of lot upon which a dwelling house or business house now exists or upon which same may be hereafter erected; a separate water closet, with its proper connections, being mandatory for each dwelling or business house.
(1964 Code, § 19-411) (Ord. 11146, § 1, passed 8-11-1992)
(a) (1) Lawns and landscaping may be watered on any day, at any time, by handheld hose, drip irrigation, a soaker hose or tree bubbler. (The intent of this measure is to allow for the protection of structural foundations, trees and other high value landscape materials).
(2) Except for hand watering, drip irrigation and the use of soaker hoses, a person may only irrigate, water or cause or permit the irrigation or watering of any lawn or landscape, inclusive of structural foundations, trees and other high value landscape materials, located on premises owned, leased, or managed by that person:
a. On a day designated as an outdoor water use day for the property’s address as shown below; and
b. Between the hours of 12 midnight to 10:00 a.m. and 6:00 p.m. to 11:59 p.m. on such day.
1. Residential addresses ending in an even number (0, 2, 4, 6 or 8) may water on Wednesdays and Saturdays.
2. Residential addresses ending in an odd number (1, 3, 5, 7 or 9) may water on Thursdays and Sundays.
3. All nonresidential locations (apartment complexes, businesses, industries, parks, street and/or roadway medians and the like) may water on Tuesdays and Fridays.
(b) Except for hand watering, drip irrigation and the use of soaker hoses, a person commits an offense if that person irrigates, waters or causes or permits the irrigation or watering of any lawn or landscape located on premises owned, leased or managed by that person between the hours of 10:00 a.m. and 6:00 p.m.
(c) Except for hand watering, drip irrigation and the use of soaker hoses, a person commits an offense if that person irrigates, waters or causes or permits the irrigation or watering of any lawn or landscape located on premises owned, leased, or managed by that person on a day that is not designated as an outdoor water use for that property address as shown in subsection (a) above.
(d) A person commits an offense if a person knowingly or recklessly irrigates, waters, or causes or permits the irrigation or watering of a lawn or landscape located on premises owned, leased or managed by the person in a manner that causes:
(1) A substantial amount of water to fall upon impervious areas instead of a lawn or landscape, such that a constant stream of water overflows from the lawn or landscape onto a street or other drainage area; or
(2) An irrigation system or other lawn or landscape watering device to operate during any form of precipitation.
(e) A person commits an offense if, on premises owned, leased or managed by that person, a person operates a lawn or landscape irrigation system or device that:
(1) Has any broken or missing sprinkler head; or
(2) Has not been properly maintained in a manner that prevents the waste of water.
(f) Affirmative defenses.
(1) It shall be an affirmative defense to prosecution of an offense in subsection (a) above that at the time such person irrigates, waters or causes or permits the irrigation or watering of any lawn or landscape, such activity was for the purpose of:
a. Dust control of a sports field; or
b. The maintenance, repair or testing of an irrigation system.
(2) The activity described in subsection (f)(1)a. and (f)(1)b. above may only occur within a period of two days no more than once every 30 days. Any such activity requiring a longer period or greater frequency shall require a variance as provided by subsection (g) below.
(g) Variances.
(1) The water department director or official designee may grant variances to the twice per week watering and irrigation restrictions and schedule, if one or more of the following conditions are met:
a. Failure to grant such a variance would cause an emergency condition adversely affecting health, sanitation or fire safety for the public or the person requesting the variance;
b. Compliance with the watering and irrigation restrictions and/or schedule cannot be accomplished due to technical or other limitations; or
c. Alternative methods that achieve the same level of reduction in water use can be implemented.
(2) The water department director or official designee may grant variances to allow for establishment of hydromulch, grass sod or grass seed for new lawns.
(3) Variances shall be granted or denied at the discretion of the water department director or official designee. All petitions for variances shall be in writing and shall include the following:
a. Name and address of the petitioner(s);
b Purpose of the water use;
c. Specific provisions from which relief is requested;
d. Detailed statement of the adverse effect of the provision from which relief is requested;
e. Description of the relief requested;
f. Period of time for which the variance is sought;
g. Alternative measures that will be taken to reduce water use; and
h. Other pertinent information requested.
(h) A person who irrigates, waters or causes or permits the irrigation or watering by use of an alternative water source such as a well, reclaimed or reused water, or water from the Trinity River is exempt from prosecution if that person has:
(1) Registered such alternative water source with the city;
(2) Provided sufficient proof to the water department director that the alternative water source is from a well, reclaimed or reused water or from the Trinity River and has allowed inspection by the water department director if deemed necessary; and
(3) Complied with the city’s backflow and cross-connection control program and city code §§ 12.5-525 through 12.5-599.
(Ord. 17901, § 1, passed 12-4-2007; Ord. 21194-04-2014, § 2, passed 4-8-2014, eff. 4-16-2014)
(a) Any commercial or industrial customer class irrigation system installed within the city on or after June 1, 2006 must be equipped with properly working rain and freeze sensors.
(b) Any commercial or industrial customer class irrigation system installed before June 1, 2006 may not be operated after June 1, 2007 without being equipped with properly working rain and freeze sensors.
(c) The potable water supply to lawn irrigation system shall be protected against backflow in accordance with the city’s backflow and cross-connection control program, city code §§ 12.5-525 through 12.5-599. All rain and freeze sensors for commercial customer class lawn irrigation systems shall under go annual inspection and testing concurrent with schedules associated with the requirements of § 12.5-532.
(d) Any residential customer class irrigation system installed within the city on or after June 1, 2007 must be equipped with properly working rain and freeze sensors.
(e) It shall be unlawful for any person to knowingly or recklessly install, operate or cause or permit the installation of or the operation of, an irrigation system in violation of subsections (a) through (d) above on premises owned, leased or managed by that person.
(Ord. 17901, § 1, passed 12-4-2007)
The governmental use of water for essential services such as police, fire and emergency services which are necessary to preserve or protect the health, safety and welfare of the citizens of Fort Worth are exempt from any and all restrictions or mandates set forth in this article.
(Ord. 17901, § 1, passed 12-4-2007)
The director or the director’s designee may assess an administrative fee, in addition to any criminal penalty assessed for a violation of this article as described below. Each day that a violation occurs shall constitute a separate violation.
(a) In-ground irrigation systems violations.
(1) The director may install a locking device on a double check valve to the irrigation system found to be operating in violation of this article and shall assess an administrative fee as approved by city council.
(2) Notice shall be left on the premises to advise the owner/operator that the double check valve to the irrigation system has been turned off.
(3) Notice shall also be sent by United States postal service to the person recorded as the city’s water customer notifying that person that the irrigation system has been turned off and locked. The notice shall also state the amount of the assessed administrative fee and shall advise the person of the procedures for payment of the fees and the procedure to request a hearing to contest the assessment of the administrative remedy.
(b) Violations for systems without double-check valves or in-ground irrigations systems.
(1) The director shall leave notice on the premises to advise the owner/operator that the person was in violation of watering restrictions and may assess an administrative fee as approved by city council.
(2) Notice shall also be sent by United States postal service to the person recorded as the city’s water customer notifying that person of the assessment of administrative fees and advising the person of the procedures for payment of the fees and the procedure to request a hearing to contest the assessment of the administrative remedy.
(c) Locking device. It shall be unlawful for any person to tamper with, cause damage to or remove a locking device placed on a check value by the director or the director’s representative.
(Ord. 17901, § 1, passed 12-4-2007)
(a) A person assessed an administrative fee who wishes to re-establish service to the irrigation system is required to make payment of the assessed fee.
(b) A person may request a hearing to protest the assessment of an administrative fee. To request a hearing, the water customer must make the request in person to the water department within 15 business days from the date on the written notice of violation. If a locking device was installed it shall remain in place until the conclusion of the hearing and payment of any required fee.
(c) The director or his or her designee shall act as the hearing officer. The director shall evaluate all information offered by the petitioner at the hearing. The petitioner making the request for a hearing shall bear the burden of proof to show by a preponderance of the evidence, why the administrative fee should not be assessed. The hearing officer will provide a decision at the time of the hearing or within three business days following the conclusion of the hearing.
(d) Payment of any fees assessed at the hearing must be made within seven business days of the decision from the hearing. Any fees not paid within this time limit shall be added to the customer’s next water bill.
(e) A person may elect to pay the administrative fee without requesting a hearing. Any fees not paid within 15 business days from the date of the written notice shall be added to the person’s next water bill.
(Ord. 17901, § 1, passed 12-4-2007)
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