Sec. 10-318. Advertisement Requirements; Contracts; Warranties

a. Advertisement.

1.    All vehicles used in the performance of irrigation installation, maintenance, alteration, repair, or service must display the irrigator's license number in the form of "LI________" in a contrasting color of block letters at least two inches high, on both sides of the vehicle.

                         2.    All forms of written and electronic advertisements for irrigation services must display the irrigator's license number in the form of "LI___________." Any form of advertisement, including business cards, and estimates which displays an entity's or individual's name other than that of the licensed irrigator must also display the name of the licensed irrigator and the licensed irrigator's license number. Trailers that advertise irrigation services must display the irrigator's license number.

                        3.    The name, mailing address, and telephone number of the Commission must be prominently displayed on a legible sign and displayed in plain view for the purpose of addressing complaints at the permanent structure where irrigation business is primarily conducted and irrigation records are kept.

b.    Contracts.

      1.    All contracts to install an irrigation system must be in writing and signed by each party and must specify the irrigator's name, license number, business address, current business telephone numbers, the date that each party signed the agreement, the total agreed price, and must contain the statement, "Irrigation in Texas is regulated by the Texas Commission on Environmental Quality (TCEQ), MC-178, P.O. Box 13087, Austin, Texas 78711-3087. TCEQ's website is: www. tceq.state.tx.us." All contracts must include the irrigator's seal, signature, and date.

                     2.    All written estimates, proposals, bids, and invoices relating to the installation or repair of an irrigation system(s) must include the irrigator's name, license number, business address, current business telephone number(s), and the statement: "Irrigation in Texas is regulated by the Texas Commission On Environmental Quality (TCEQ) (MC-178), P.O. Box 13087, Austin, Texas 78711-3087. TCEQ's web site is: www.tceq.state.tx.us."

                    3.    An individual who agrees by contract to provide irrigation services as defined in Title 30, Texas Administrative Code, Section 344.30 (relating to License Required) shall hold an irrigator license issued under Title 30, Texas Administrative Code, Chapter 30 (relating to Occupational Licenses and Registrations) unless the contract is a pass-through contract as defined in Title 30, Texas Administrative Code, Section 344.1(36) (relating to Definitions). If a pass-through contract includes irrigation services, then the irrigation portion of the contract can only be performed by a licensed irrigator. If an irrigator installs a system pursuant to a pass-through contract, the irrigator shall still be responsible for providing the irrigation system's owner or owner's representative a copy of the warranty and all other documents required under this chapter. A pass-through contract must identify by name and license number the irrigator that will perform the work and must provide a mechanism for contacting the irrigator for irrigation system warranty work.

                   4.    The contract must include the dates that the warranty is valid.

c. Warranties for Systems

1.    On all installations of new irrigation systems, an irrigator shall present the irrigation system's owner or owner's representative with a written warranty covering materials and labor furnished in the new installation of the irrigation system. The irrigator shall be responsible for adhering to terms of the warranty. If the irrigator's warranty is less than the manufacturer's warranty for the system components, then the irrigator shall provide the irrigation system's owner or the owner's representative with applicable information regarding the manufacturer's warranty period. The warranty must include the irrigator's seal, signature, and date. If the warranty is part of an irrigator's contract, a separate warranty document is not required.

2.    An irrigator's written warranty on new irrigation systems must specify the irrigator's name, business address, and business telephone number(s), must contain the signature of the irrigation system's owner or owner's representative confirming receipt of the warranty and must include the statement: "Irrigation in Texas is regulated by the Texas Commission on Environmental Quality (TCEQ), MC-178, P.O. Box 130897, Austin, Texas 78711-3087. TCEQ's website is: www.tceq.state.tx.us."

3.    On all maintenance, alterations, repairs, or service to existing irrigation systems, an irrigator shall present the irrigation system's owner or owner's representative a written document that identifies the materials furnished in the maintenance, alteration, repair, or service. If a warranty is provided, the irrigator shall abide by the terms. The warranty document must include the irrigator's name and business contact information. (Ord. No. 0-2009-19; 3/11/09)

Sec. 10-319. Irrigations Inspectors; Enforcement; Penalties

a. Duties and Responsibilities of City Irrigation Inspectors.  A licensed irrigation inspector shall enforce Sections 10-309 – 10-319, and shall be responsible for:

                         1.    verifying that the appropriate permits have been obtained for an irrigation system and that the irrigator and installer or irrigation technician, if applicable, are licensed;

                         2.    inspecting the irrigation system;

                         3.    determining that the irrigation system complies with the requirements of this Division;

                         4.    determining that the appropriate backflow prevention device was installed, tested, and test results provided to the City;

                         5.    investigating complaints related to irrigation system installation, maintenance, alteration, repairs, or service of an irrigation system and advertisement of irrigation services; and

      6.   maintaining records according to this Division.

b. Items not covered by this ordinance.  Any irrigation item not covered by this Division and required by law shall be governed by the Texas Occupations Code, the Texas Water Code, Title 30 of the Texas Administrative Code, and any other applicable state statute or Texas Commission on Environmental Quality rule, or their successors.

c. Enforcement. The City shall have the power to administer and enforce the provisions of Sections 10-309 – 10-319 as may be required by governing law. Any person, firm, corporation or agent who shall violate a provision of Sections 10-309 – 10-319 or fails to comply therewith, or with any of the requirements thereof, is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of the ordinance codified in Sections 10-309 – 10-319 is illegal, is hereby declared to be a nuisance, and is subject to a penalty of up to $2,000.00 as authorized by State law and Section 1-4. (c)Cccc(9 Nothing in this chapter shall be construed as a waiver of the City’s right to bring a civil action to enforce the provisions of Sections 10-309 – 10-319 and to seek remedies as allowed by law, including, but not limited, to the following:

      1.    Injunctive relief to prevent specific conduct that violates the ordinance or to require specific conduct that is necessary for compliance with the ordinance; and

      2.    Other available relief. (Ord. No. 0-2009-19; 3/11/09)

DIVISION B. Bufferyards

Sec. 10-320. Purpose

The purpose of this division is intended to:

   a.   prevent or minimize any effects of a use on a property from affecting any adjacent property or zoning district with a greater or lesser intensity of use, and

   b.   provide for the construction of fences, walls, and other similar elements within the city in all zoning districts provided that the fencing complies with the requirements of this code as to location, height, and composition.

Sec. 10-321. General Requirements

   a.   The bufferyard is included in the overall calculation of the percentage of required landscaping on a lot.

   b.   All open space within a buffer yard must be planted with grass, or vegetative ground cover.

   c.   A buffer yard may provide additional plantings in excess of the minimum requirements.

   d.   A buffer yard may be interrupted in order to provide access (pedestrian or vehicular) to adjacent parcels.

Required Bufferyard Type by Adjacent Zoning District

 

District	RE, R-1A, R-1B, R-1C, R-1D, PUR	AR, R-2, R-MF, PXR, PMF	C-1, PMXD-1 RPO, INT	C-2, DBAC, PCD, PMXD-2	M-1, M-2
RE, R-1A, R-1B, R-1C, R-1D, PUR **		Type A	Type B	Type B	Type C
AR,R-2, NR, R-MF, PMF**	Type A		Type A	Type B	Type C
C-1, PMXD-1**, RPO, INT	Type B	Type A		Type B	Type C
C-2, DBAC*, PCD**, PMXD-2**	Type B	Type B	Type B		Type C
M-1, M-2	Type C	Type C	Type C	Type C

Note: The more intense use is required to provide the buffer.
*Bufferyards are only required in DBAC when adjacent to residential districts. Requirement may be waived upon the submittal of a letter of support from adjacent, affected property owner.
**Bufferyard types for planned developments may be established per site plan in consideration of approved base zoning.
(Ord. No. 0-2009-19; 3/11/09) (Ord. No. 0-2010-119; 11/10/10) (Ord. No. 0-2011-45; 6/8/11) (Ord. No. 0-2019-87; 10/8/19); (Ord. No. 0-2021-23; 3/24/21)