Anyone received a SAWS fine for watering on the wrong day? (Howe: HOA, bill)

[Newk]

What is worse? Watering on the wrong day, or watering a few hours before or after your watering time but on your watering day?

[Paka]

Had to share with ya....my neighbor went and contested her ticket (after she forgot the first date and actually had to post BAIL $$$ to reset her court date)....and WON!!!!

I am CONVINCED that they are BANKING on folks just paying vs contesting these tickets!!!!!!!!

Her paperwork states "insufficient evidence"....dismissed!

[Paka]

Just spoke to my friends hubby....and evidently, NO ONE FROM SAWS shows up at court for these tickets!!! So, IF you get one, and are willing (and able) to take the time to go down to the court house to fight this...it gets dismissed.

Otherwise, they sit and "collect" on those that don't have the time, energy or inclination to take the time out of their day to go and dispute, and life is good....for SAWS.

I RECOMMEND if you KNOW that you are NOT in violation, that you take the time to go to court...and get it thrown out.

[Newk]

Originally Posted by Paka

Just spoke to my friends hubby....and evidently, NO ONE FROM SAWS shows up at court for these tickets!!! So, IF you get one, and are willing (and able) to take the time to go down to the court house to fight this...it gets dismissed.

Otherwise, they sit and "collect" on those that don't have the time, energy or inclination to take the time out of their day to go and dispute, and life is good....for SAWS.

I RECOMMEND if you KNOW that you are NOT in violation, that you take the time to go to court...and get it thrown out.

Do you have to lawyer up? ....and what are the court costs?

[Paka]

Originally Posted by Newk

Do you have to lawyer up? ....and what are the court costs?

Noppers...no lawyer, no court cost...she would have been GOLDEN had she remembered her FIRST court date...but TOTALLY forgot it (hard work being retired ya know!)...anyway, that very same day (but about 3 hours AFTER she was set to appear), she remembers, changes clothes and runs on down there...ONLY to be told that a WARRANT was going to be issued for her arrest as a no show and they allowed her to pay $$$$ and reschedule.

She showed up, it was dismissed for lack of evidence, and her bail $$$ was refunded.

So, I think the moral here is remember your first date, show up, done deal!

[ardamir]

You do realize that SAWS does not get any of the money from these ticket right?

[ttheta]

Got a citation from SAWS three months ago and just got the court order this week. SAWS said we watered on a wrong day. We knew we didn’t since our automatic system has been set properly from the beginning of the season. However we MUST appear in court - when the accuser provided NO evidence whatsoever!!

Why SAWS has more power than I do? Obviously I cannot issue a notice to anyone saying – hi dude you have been summoned to appear in court because I have put your name on my condemned list (for ???!).

Mistakes do happen - house can be mis-identified; water flowing through my curb may not due to watering of my lawn, etc. etc. If folks of SAWS are reading this forum please consider my humble opinion:
Aren't the accused supposed to get warning first?
Why don't SAWS provide a photo of watering with time stamp and the residence in the background? It is not hard to do.
Aren't we innocent until proven guilty? And isn't the burden of proof rests on SAWS' shoulder?
A citation should be handed to the accused or posted at site of violation, not just mailed

I hate to waste time to go to the court. Left with no choice I am determined to fight it off. In principle, I will say nothing but ask the judge to share with me what the evidence he was presented with that showed I have done anything wrong. It would be an insult to me even trying to prove that I am not guilty – as I am presumed innocent.

I believe for each case dismissed SAWS should pay the court fee and issue compensation to the wrongly accused - travel, parking, half-day of missed work, and emotional disturbance. I am not to belittle what SAWS is trying to do on managing the water usage. However without counter measures, there is no incentive for SAWS police to do a better job at catching the real offenders and at minimizing apparent harassments to the homeowners who are served by SAWS.

[ardamir]

Originally Posted by ttheta

Got a citation from SAWS three months ago and just got the court order this week. SAWS said we watered on a wrong day. We knew we didn’t since our automatic system has been set properly from the beginning of the season. However we MUST appear in court - when the accuser provided NO evidence whatsoever!!

Why SAWS has more power than I do? Obviously I cannot issue a notice to anyone saying – hi dude you have been summoned to appear in court because I have put your name on my condemned list (for ???!).

Mistakes do happen - house can be mis-identified; water flowing through my curb may not due to watering of my lawn, etc. etc. If folks of SAWS are reading this forum please consider my humble opinion:
Aren't the accused supposed to get warning first?
Why don't SAWS provide a photo of watering with time stamp and the residence in the background? It is not hard to do.
Aren't we innocent until proven guilty? And isn't the burden of proof rests on SAWS' shoulder?
A citation should be handed to the accused or posted at site of violation, not just mailed

I hate to waste time to go to the court. Left with no choice I am determined to fight it off. In principle, I will say nothing but ask the judge to share with me what the evidence he was presented with that showed I have done anything wrong. It would be an insult to me even trying to prove that I am not guilty – as I am presumed innocent.

I believe for each case dismissed SAWS should pay the court fee and issue compensation to the wrongly accused - travel, parking, half-day of missed work, and emotional disturbance. I am not to belittle what SAWS is trying to do on managing the water usage. However without counter measures, there is no incentive for SAWS police to do a better job at catching the real offenders and at minimizing apparent harassments to the homeowners who are served by SAWS.

As with many other cities in Texas, San Antonio's drought ordinance charges the water utility with the task of enforcement of said ordinance. You are being summoned to municipal court because the current code classifies water waste as a Class C Misdemeanor. If you challenge the court for evidence they will subpoena the accuser who will testify under oath. However, they do sometimes have photographs. Mistakes do happen but simply going to court and saying only "There is no way it was me!" will not be enough to have this dismissed. You will need to display your familiarity with the drought stages (when they changed from stage to stage and what they restrictions actually are). Also keep in mind that SAWS is currently in the process of amending the drought ordinance.

To answer your other questions:
1) "Aren't the accused supposed to get warning first?" No. Under Stage 2 watering restrictions you do not get a warning.
2) "Why don't SAWS provide a photo of watering with time stamp and the residence in the background? It is not hard to do." I agree that providing photographs would be a great idea. However, enforcing the watering restrictions is a money losing business and the amount of time and manpower it takes to generate one ticket is immense. Providing photographic documentation would greatly increase cost and people will still deny that they were watering and claim that the photographs are doctored.
3) "Aren't we innocent until proven guilty? And isn't the burden of proof rests on SAWS' shoulder?" It does. They provide a signed affadavit from the accuser that is stamped by a notary. The accuser can also be summoned to testify under oath.

Unfortunately, for some San Antonio residents a fine is not enough for them to take the watering restrictions serious but dealing with a court summons certainly gets their attention.

[Paka]

Originally Posted by ardamir

. Mistakes do happen but simply going to court and saying only "There is no way it was me!" will not be enough to have this dismissed. You will need to display your familiarity with the drought stages (when they changed from stage to stage and what they restrictions actually are). Also keep in mind that SAWS is currently in the process of amending the drought ordinance.

REALLY???? Well it worked PERFECTLY for my neighbor...showed up, stated it was NOT them...asked for evidence and was thrown out...so I don't know where you get your info on "that won't work" but I am here to tell you it did! No one asked her ANYTHING about drought restriction rules and regs....just how did she plead to the charges.

and of SAWS does not get the $$$ from the tickets, who does??? Do you mean to tell me I can "report" anyone I want to see hauled into court without any evidence and just make their lives miserable based on my say so??? Sure hope we have not gotten to that stage of "justice".

[zhugeliang1]

I seem to remember at least one SAWS truck being in use last summer. Something about starting a large grass fire while left idling over parched grass.

Has SAWS faced sanctions over this yet? So how come SAWS can persecute us for wrongful watering and no one persecutes them for wrongful fire? A lot of water was used to put out that brush fire they created.