Ord 2024-017/Amending Chapter 86 Article 2, Div 2 Water Conservation Pertaining to water restrictions during drought conditions.

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SAN MARCOS CITY CODE CHAPTER 86, ARTICLE 2 DIVISION 2. WATER CONSERVATION (f) A petitioner may appeal a denial of a variance petition to the City Manager. The City Manager will have two weeks from receipt to review and act on an appeal. If no action is taken within two weeks, the appeal shall be considered denied. Section 86.065. New landscape variance. The Director may grant a variance from the requirements of this article to allow additional watering days for the establishment of new landscaping. New landscape variances may not be issued at any time when Stage 3 or higher is in effect. The Director shall develop and promulgate criteria for the granting of a variance under this section and any forms consistent with such criteria for customers to request a variance. Section 86.066. Violations. (a) It shall be unlawful for any person to intentionally, knowingly, recklessly, or with criminal negligence allow or cause any violation of any provision or restriction of this division. (b) The Director is authorized and instructed to commence any action, in law or in equity, including the fling of criminal charges, deemed necessary for the purpose of enforcing this division. The Director may seek civil penalties and any other legal or equitable relief available under common law, Chapter 54 of the Texas Local Government Code or any other applicable city, state or federal code or statute necessary to enforce this division. To the extent allowed by law, the municipal court shall have concurrent jurisdiction over any civil enforcement for violations of this division. (c) It is not a defense to prosecution under any provision of this division that the violation charged is no longer occurring or no longer exists. A judge of the municipal court may not dismiss a complaint or enter a finding of not guilty on the grounds that the violation is no longer occurring or no longer exists. (d) Violations of this division by a customer of the city water system may result in installation of a flow control device on the customer's water line, or termination of the customer's water service. Section 86.067. Enforcement personnel. In addition to all peace officers, code enforcement officers, and other persons authorized to enforce city ordinances, the Director is authorized to enforce this division by issuing citations to violators, filing complaints in the municipal court, and filing civil enforcement actions. Proposed amendments 2024 Page 14