§ 52.21 ENFORCEMENT.
   (A)   This subchapter shall be enforced by the Director of Public Works or his or her designee.
   (B)   The city shall inspect and initially test, or cause to be tested, all backflow prevention assemblies installed pursuant to the requirements of this section. For new facilities, permanent water service shall not be provided until all backflow prevention assemblies have been tested and are operational. Except in cases where the testing of backflow prevention assemblies must be delayed until the installation of internal production or auxiliary equipment, the city shall not approve a certificate of occupancy until all backflow prevention assemblies have been tested and are operational. The city shall not be liable for damage caused to any backflow prevention assembly as a result of the inspection or testing.
   (C)   Violations.
      (1)   A person commits an offense if there is failure to maintain backflow prevention assemblies in compliance with this subchapter.
      (2)   A person commits an offense if there is failure to comply with a repair order issued by the city.
      (3)   A person commits an offense if backflow from premises owned, operated or managed by the person enters the public water supply system.
      (4)   A person commits an offense if there is a failure to pay any fees required by this subchapter.
      (5)   A person commits an offense by violating any section of this subchapter.
      (6)   A person commits an offense if discontinued or disconnected water service to premises under this section is reinstated except as directed by the city.
      (7)   A person in charge of any facility commits an offense by allowing an unregistered tester to perform testing work at his or her establishment.
      (8)   A person commits an offense by testing backflow prevention assembly within the city without being registered with the city.
      (9)   A person commits an offense by testing backflow prevention assembly within the city without being certified by TCEQ.
   (D)   A certified testers’ registration may be reviewed and revoked by the city if it is determined that the tester:
      (1)   Has falsely, incompletely or inaccurately reported assembly reports;
      (2)   Has used inaccurate gauges;
      (3)   Has used improper testing procedures; or
      (4)   Has created a threat to public health or environment.
(Ord. 0805-4, passed 8-8-2005) Penalty, see § 52.99