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Ord 2006-038
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Ord 2006-038
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Last modified
6/2/2008 1:30:12 PM
Creation date
8/27/2007 8:47:14 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Code of Ordinances
Number
2006-38
Date
9/5/2006
Volume Book
169
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<br />(1) Name and address of petitioner(s); <br /> <br />I <br /> <br />(2) Purpose and location of water use, <br /> <br />(3) Specific provisions of this division for which the petitioner is requesting a <br />variance; <br /> <br />(4) Detailed explanation of how the specific provisions will adversely affect the <br />petitioner(s), <br /> <br />(5) Period of time for which the variance is sought; <br /> <br />(6) Alternative measures the petitioner proposes to implement in order to meet <br />the intent of this division; and <br /> <br />(7) Any other pertinent information as required by the director. <br /> <br />(d) The director will have two weeks from receipt of the petition for variance to review <br />and act upon the request. If no action is taken within two weeks, the request shall be <br />considered denied. <br /> <br />(e) Approved variances shall include a description of the variance and a specific time <br />frame A copy of the approved variance shall be retained by the petitioner. <br /> <br />(f) A petitioner may appeal a denial of a variance petition to the City Manager. The City I <br />Manager will have two weeks from receipt to review and act on an appeal. If no action is <br />taken within two weeks, the appeal shall be considered denied. <br /> <br />Section 86.065. Violations. <br /> <br />(a) It shall be unlawful for any person to intentionally, knowingly, recklessly, or with <br />criminal negligence allow or cause any waste of water, to allow or cause landscape <br />watering at any time other than during a prescribed time for landscape watering, or to <br />allow or cause any violation of any provision or restriction of this division. <br /> <br />(b) The director is authorized and instructed to commence any action, in law or in equity, <br />including the filing of criminal charges, deemed necessary for the purpose of enforcing <br />this division. The director may seek civil penalties and any other legal or equitable relief <br />available under common law, Chapter 54 of the Texas Local Government Code or any <br />other applicable city, state or federal code or statute. <br /> <br />(c) It is not a defense to prosecution under any provision of this division that the violation <br />charged is no longer occurring or no longer exists A judge of the municipal court may <br />not dismiss a complaint or enter a finding of not guilty on the grounds that the violation is <br />no longer occurring or no longer exists <br /> <br />Section 86.066. Enforcement personnel. <br /> <br />I <br /> <br />In addition to all peace officers, code enforcement officers, and other persons authorized <br />to enforce city ordinances, the director is authorized to enforce this division by issuing <br /> <br />12 <br />
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