§ 12.5-345 HEARINGS.

   (a)   If a hearing is deemed necessary by the director, then the director shall set a hearing to determine if an adjustment should be made to the drainage utility fee assessed to the customer/owner.

   (b)   Written notice of the hearing shall be served on the petitioner at least 15 days prior to the hearing. Notice shall be served in person or by certified mail, return receipt requested.

   (c)   Notice shall specify the date, time and place of the hearing.

   (d)   Notice shall be deemed received five days after it is placed in a mail receptacle of the United States postal service.

   (e)   For purposes of this section, the director shall be empowered to administer oaths and to promulgate procedural rules for the conduct of the hearing.

   (f)   Decisions shall be based on a preponderance of the evidence and the petitioner shall have the burden of proof to demonstrate that the drainage utility fee is not applicable, that the petitioner’s property is exempt from the charge, that the drainage utility fee was calculated incorrectly or that the determination of the value of the drainage utility fee was not calculated according to the applicable drainage utility fee schedule or the guidelines established in this Division 4.

   (g)   The director shall act as the hearing officer.

   (h)   After the conclusion of the hearing, the director shall make written findings and shall issue a written decision without undue delay.

   (i)   The decision of the director shall be final.

(Ord. 16782, § 1, passed 1-24-2006)

§ 12.5-346 EXEMPTIONS.

   The following entities or persons shall be exempt from this Division 4:

   (a)   Any property to which a mandatory exemption under Tex. Local Government Code Chapter 552.053 applies, including without limitation:

      (1)   Property with proper construction and maintenance of a wholly sufficient and privately owned stormwater system that does not discharge under any storm frequency events or conditions to waterways controlled or maintained by the city;

      (2)   Property held and maintained in its natural state, until such time that the property is developed and all of the public infrastructure constructed has been accepted by the city for maintenance; and

      (3)   A subdivided parcel or lot, until a structure has been built on the lot and a certificate of occupancy has issued, or the municipality has taken another official action to release the property for occupancy.

   (b)   Any property to which a mandatory exemption under Tex. Local Government Code Chapter 580.003 applies, including without limitation:

      (1)   A state agency; and

      (2)   A public institution of higher education.

(Ord. 16782, § 1, passed 1-24-2006)

§ 12.5-347 NO WAIVER OF IMMUNITY.

   This Division 4 does not warrant, guarantee or provide any assurance that a benefitted property will be free from flooding or erosion, and does not create additional duties on the part of the city. This Division 4 does not waive the city’s immunity under any law.

(Ord. 16782, § 1, passed 1-24-2006)

§ 12.5-348 ACCESS TO STORMWATER DRAINAGE INFRASTRUCTURE; HOURS OF OPERATION.

   (a)   Absent the express permission of the director of the department of transportation and public works, it shall be unlawful for any person to enter or remain in any portion of city owned drainage infrastructure unless such drainage infrastructure has been designated by the director of the department of transportation and public works as open to the public. The director of the department of transportation and public works shall have the authority to designate city-owned drainage infrastructure as open to the public and to determine the hours during which any such drainage infrastructure shall be open to the public. Unless otherwise posted by the director of the department of transportation and public works, any city-owned drainage infrastructure which has been designated as open to the public shall be open to the public from dawn until dusk.

   (b)   Absent the express permission of the director of the department of transportation and public works, it shall be unlawful for any person to wade, swim, boat, or fish in any city owned drainage infrastructure at any time.

   (c)   Any person violating the provisions of this section shall be guilty of a misdemeanor punishable by a fine not to exceed $500.

(Ord. 23722-08-2019, § 1, passed 8-13-2019, eff. 8-22-2019)

ARTICLE IV: GROUNDWATER AND SURFACE WATER QUALITY

Editor’s note:

   Ord. 16259, §§ 1, 2, adopted Jan. 11, 2005, amended Art. IV, in its entirety, to read as herein set out. Prior to inclusion of said ordinance, Art. IV pertained to similar subject matter. See also the Code Comparative Table for a detailed analysis of inclusion.