In an effort to enforce the Drought Contingency Plan and conserve drinking water, the City of Brownwood approved on first reading an ordinance which would establish penalties for violating the restrictions by implementing fines and possible water disconnection of offenders.
The new ordinance will establish a new Water Conservation and Drought Contingency plan, establishing penalties for violating the restrictions and provisions of these penalties, which includes disconnection of water service and citations for multiple violations and provides authority for certain city employees to issue citations for violations of the ordinance, according to Brownwood City Attorney Pat Chesser in a briefing sheet.
Although approved on first reading, the ordinance has to come before the council one more time for second, third/final readings before the ordinance is approved.
The City previously adopted its Drought Contingency Plan in November of 2011 by resolution. The ordinance considered for approval adopts the same drought contingency plan by ordinance so that the city may seek enforcement for violations. As before, the city will seek other remedies rather than issue citations when it is possible to work with a citizen to come into compliance.
According to City Manager Bobby Rountree, the city will first seek voluntary compliance. The offender will first be contacted by door hanger for notification of the violation. If they refuse to comply, then a citation will be issued. This ordinance citation may be issued by code enforcement or by police officers for a violation.
A citizen may take their citation to the Municipal Court and if found guilty of a violation of the Plan, a fine up to $2000 may be assessed per occurrence. The amount of the fine is at the discretion of and will be set by the municipal court judge. The fine for a first conviction of the plan has been set by the judge at $265.
In addition to a fine, if the person has been convicted of a violation of the plan and the city observes a second violation of the plan, the city manager or his designee, may discontinue water service to the premises where the violation is occurring or has occurred, without prior notification to the person. If the person convicted of a second violation of the plan agrees to come into compliance at the location, the water may be restored to the residence only upon payment of a reconnection upon payment of a reconnection charge currently set at $35.
Brownwood Mayor Stephen Haynes stated that most of the community was in compliance with the plan.
“I applaud the community in that about 95% is conscious and comply with the plan,” said Mayor Haynes.
Rountree also stated that many that are in compliance and are trying to help in the effort, often reporting their neighbors who are not.
“Those complying are telling on their neighbors who are not,” said Rountree. “It’s kind of hard to hide a nice plush lawn.”
Rountree did state that these fines and disconnections will be a last resort, as the city plans to continue working with citizens to voluntarily come into compliance with the plan.
“We want the public to be aware that citations are the absolute last resort,” said Rountree.
Currently, the City of Brownwood allows outdoor watering only two days per week. Addresses ending in an odd number can water Monday from midnight to 9:00 am and again from 7:00 pm to midnight. Addresses ending in even numbers can water Tuesday from midnight to 9:00am and again from 7:00 pm to midnight.
