Chapter 6.64
WATER CONSERVATION ORDINANCE
Sections:
6.64.010 Short title.
6.64.020 Implementation of water conservation ordinance.
6.64.030 General prohibition.
6.64.040 Use of reclaimed water.
6.64.050 Water conservation plan—Phase I.
6.64.060 Water conservation plan—Phase II.
6.64.070 Water conservation plan—Phase III.
6.64.080 Emergency surcharge.
6.64.090 Relief from compliance.
6.64.100 Failure to comply.
6.64.110 Hearing regarding violations.
6.64.120 Public health and safety not to be affected.
6.64.130 Violation a misdemeanor.
6.64.010 Short title.
The ordinance codified in this chapter shall be known and may be referred to as the “water conservation ordinance.”
(Ord. 1867 § 1 (part), 4-8-91)
6.64.020 Implementation of water conservation ordinance.
(a) The city council is authorized to implement the provisions of this chapter upon a determination that a significant shortage in potable water supply is anticipated and that implementation of this chapter is necessary to protect the public health, welfare and safety.
(b) The city council shall determine by resolution which phase of water conservation plan, as set forth in Sections 6.64.050, 6.64.060 and 6.64.070, shall be implemented in order to achieve water conservation objectives, based upon the severity of the anticipated shortage in the potable water supply.
(c) The city council may, by ordinance or resolution, implement water conservation measures in addition to those specified in this chapter.
(Ord. 1867 § 1 (part), 4-8-91)
6.64.030 General prohibition.
No person shall use or permit the use of water in the city in a manner contrary to any provision of this chapter, nor in an amount exceeding any limitations on such use established by the city council.
(Ord. 1867 § 1 (part), 4-8-91)
6.64.040 Use of reclaimed water.
Effective as of June 1, 1992, no commercial water customer including, but not limited to, commercial shopping centers, schools, office buildings, hospitals, industrial uses and churches, whose property line is located within a reasonable distance from the city’s reclaimed water system shall continue to use potable water for landscape irrigation after thirty days’ written notice to connect to the city’s reclaimed water system installed to the property line at the expense of the city. The connection to the city’s reclaimed water system shall be at the expense of the commercial water customer.
(Ord. 1867 § 1 (part), 4-8-91)
6.64.050 Water conservation plan—Phase I.
The following restrictions on the use of water shall be in effect for the duration of any Phase I water conservation plan:
(1) Water shall not be used to wash down driveways, sidewalks, parking lots, building exteriors, streets or gutters except when necessary to protect the public health;
(2) Washing of vehicles and any other mobile equipment shall be done only with a bucket or a hose equipped with a positive shutoff nozzle for quick rinses. Commercial car washes are exempt from this restriction;
(3) Decorative fountains and other fixtures using water for aesthetic purposes shall be shut off, unless such fountain or fixture operates with a recirculating water system;
(4) Drinking water shall not be served to any patron in any restaurant, motel, cafe, cafeteria or other public eating establishment unless expressly requested by the patron;
(5) Leaks from indoor and outdoor plumbing fixtures shall be repaired promptly;
(6) Sprinklers shall be properly adjusted to prevent water runoff from landscape and hardscape areas. No person shall allow excess water runoff after notice from the city to desist therefrom. As used herein, the term “excess water runoff” shall mean the flow of water off of landscape and hardscape areas so as to cause the accumulation of water in the street, gutters or on neighboring properties;
(7) Nonresidential water customers with a consumption in excess of twenty-five thousand cubic feet during any bimonthly period within the twelve months immediately preceding implementation of the plan shall prepare a written water conservation plan within thirty days after the effective date of a declared water supply shortage. The water customer shall submit said plan to the director of public works for approval. The water customer shall then implement the approved plan so as to achieve the water conservation objectives of this chapter;
(8) The following restrictions shall, except as provided in subdivision (C) of this subsection, apply to all residential, commercial and manufacturing uses:
(A) During the months of June through September, all landscape irrigation shall be limited to three days during any seven-day period. Such landscape irrigation shall be prohibited between the hours of eight a.m. and seven p.m., and shall be limited to ten minutes during each of the three permitted days.
(B) During the months of October through May, all landscape irrigation shall be limited to two days during any seven-day period. Such landscape irrigation shall be prohibited between the hours of nine a.m. and five p.m., and shall be limited to ten minutes during each of the two permitted days.
(C) The following persons shall be exempt from the restrictions imposed by this subsection:
(i) Commercial nurseries and growers.
(ii) Any person who, as of June 1992, is using reclaimed water for landscape irrigation purposes.
(Ord. 1867 § 1 (part), 4-8-91)
6.64.060 Water conservation plan—Phase II.
The following restrictions shall be in effect for the duration of any Phase II water conservation plan:
(1) All restrictions specified in subsections (1) through (7) of Section 6.64.050.
(2) The following restrictions shall, except as provided in subdivisions (C) and (D) of this subsection, apply to all residential, commercial and manufacturing uses:
(A) During the months of June though September, all landscape irrigation shall be limited to two days during any seven-day period. Such landscape irrigation shall be prohibited between the hours of eight a.m. and eight p.m., and shall be limited to ten minutes during each of the two permitted days.
(B) During the months of October though May, all landscape irrigation shall be limited to one day during any seven-day period. Such landscape irrigation shall be prohibited between the hours of nine a.m. and five p.m., and shall be limited to ten minutes during the one permitted day.
(C) Commercial nurseries and growers shall, during every calendar month, restrict all irrigation to three days during any seven-day period. Such irrigation shall be prohibited between the hours of nine a.m. and five p.m. and shall be limited to such period of time during the three permitted days as may be reasonable to ensure to viability of the flora which is commercially grown.
(D) The restrictions imposed by this subsection shall not apply to any person who, as of June 1992, is using reclaimed water for landscape irrigation purposes.
(Ord. 1867 § 1 (part), 4-8-91)
6.64.070 Water conservation plan—Phase III.
The following restrictions shall be in effect for the duration of any Phase III water conservation plan:
(1) All restrictions specified in subsections (1) through (7) of Section 6.64.050.
(2) The following restrictions shall, except as provided in subdivisions (C) and (D) of this subsection, apply to all residential, commercial and manufacturing uses:
(A) During the months of June through September, all landscape irrigation shall be limited to one day during any seven-day period. Such landscape irrigation shall be prohibited between the hours of eight a.m. and eight p.m., and shall be limited to ten minutes during the one permitted day.
(B) During the months of October through May, all landscape irrigation shall be limited to one day during any fourteen-day period. Such landscape irrigation shall be prohibited between the hours of nine a.m. and five p.m., and shall be limited to ten minutes during the one permitted day.
(C) Commercial nurseries and growers shall, during every calendar month, restrict all irrigation to two days during any seven-day period. Such irrigation shall be prohibited between the hours of nine a.m. and six p.m., and shall be limited to such period of time during the two permitted days as may be reasonable to ensure to viability of the flora which is commercially grown.
(D) The restrictions imposed by this subsection shall not apply to any person who, as of June 1992, is using reclaimed water for landscape irrigation purposes.
(Ord. 1867 § 1 (part), 4-8-91)
6.64.080 Emergency surcharge.
(a) The city council may, by resolution, impose a surcharge which shall be added to the existing charges for water paid by water customers. Such emergency surcharge may be imposed whenever a significant shortage in potable water supply is anticipated.
(b) At such time as the city council may determine that a significant shortage in potable water supply has ceased to exist, the city council shall, by resolution, repeal the emergency surcharge within thirty days of such determination.
(c) Subject to any applicable covenants in revenue bond instruments for other debt instruments relating to the city’s water system, the funds derived from the emergency surcharge shall be used to offset revenue losses attributable to reduced water consumption and to pay for such conservation measures as may be authorized by the city council.
(Ord. 1867 § 1 (part), 4-8-91)
6.64.090 Relief from compliance.
(a) Any person to whom this chapter applies may apply for relief from any or all of its provisions. The director of public works shall establish and implement procedures necessary to process an application for relief. No relief shall be granted except upon proof of availability of other reasonable water conservation measures which will achieve the water conservation objectives of this chapter, or upon proof of substantial hardship outweighing the benefits this chapter would otherwise provide. Commercial water customers shall submit a water conservation plan with any request for relief. The decision of the director of public works shall be final unless written appeal to the city council is filed setting forth the grounds of appeal. Such appeal shall be filed with the city clerk within thirty days of the mailing or delivery to such person of the written decision of the director of public works.
(b) The written decision of the director of public works shall be forwarded no later than fifteen days after the receipt of the application for relief, unless additional time has been requested and agreed upon by the city and the applicant.
(Ord. 1867 § 1 (part), 4-8-91)
6.64.100 Failure to comply.
(a) Violations. Any person who violates the restrictions of any water conservation plan implemented pursuant to the provisions of this chapter shall, in addition to being subject to the penalties set forth in Section 6.64.130, be subject to the following sanctions:
(1) First Violation. The city shall issue a written warning to the water customer that a first violation has occurred.
(2) Second and Third Violations. The city shall issue a written notice of violation and shall assess a fee for improper water use in an amount established by resolution of the city council. If said fee is not paid in full within fifteen days of its assessment, the amount will be added to the customer’s water bill.
(3) Fourth Violation. The city shall issue a written notice of violation, assess a fee for improper water use in an amount established by resolution of the city council, and install a flow-restricting device on the customer’s water service for a period of not less than twenty-four hours. Such flow-restricting device shall reduce water flow to one gallon per minute for metered services one and one-half inch or under. Similar devices will be placed in larger meters. The fee shall be paid prior to the restoration of normal water service.
(4) Fifth Violation. The city shall issue a written notice of violation, assess a fee for improper water use in an amount established by resolution of the city council, and install a flow-restricting device on the customer’s water service for a period of not less than forty-eight hours. Such flow-restricting device shall reduce water flow to one gallon per minute for metered services one and one-half inch or under. Similar devices will be placed in larger meters. The fee shall be paid prior to the restoration of normal water service.
(b) Notice of Violation. Notice of violation shall be given in writing to the water customer committing the violation in one of the following ways:
(1) Personal delivery of the notice of violation to the water customer;
(2) If the water customer is absent from the premises at which the violation occurred, the notice may be left with a responsible person at the premises and a copy mailed to the water customer’s billing address;
(3) If a responsible person cannot be found at the premises at which the violation occurred, the notice may be affixed in a conspicuous location on the premises and a copy mailed to the water customer’s billing address;
The notice of violation shall contain a description of the facts constituting the violation, a statement of the possible penalties for each violation, and a statement informing the water customer of the right to a hearing on the merits of the violation pursuant to Section 6.64.110.
(c) Fee for Improper Water Use. The city council finds and determines that the fee for improper water use authorized by this chapter is necessary in order to recover the reasonable costs of enforcing the restrictions imposed by the water conservation plan and thereby achieving the objectives of this chapter.
(Ord. 1867 § 1 (part), 4-8-91)
6.64.110 Hearing regarding violations.
Any water customer receiving notice of a fourth or subsequent violation shall have the right to a hearing conducted by the chief administrative officer or his designee within fifteen days of mailing or other delivery of the notice of violation. The following procedures shall be applicable in processing a request for a hearing:
(1) The water customer shall submit a timely written request for a hearing. Such request for hearing shall automatically stay installation of a flow-restricting device on the customer’s water service until a decision is rendered by the chief administrative officer or his designee.
(2) The water customer’s request for a hearing shall not stay the imposition of a fee for improper water use, and the water customer shall deposit with the city the amount of any unpaid fee. If it is determined that the fee was improperly assessed, the city will refund the fee deposited by the water customer.
(3) The decision of the chief administrative officer or his designee shall be final, except for judicial review.
(Ord. 1867 § 1 (part), 4-8-91)
6.64.120 Public health and safety not to be affected.
Nothing in this chapter shall be construed to require the city to curtail the supply of water to any customer when such water is required by that customer to maintain an adequate level of personal health and safety.
(Ord. 1867 § 1 (part), 4-8-91)
6.64.130 Violation a misdemeanor.
Every person violating any provisions of this chapter, or any restriction on the use of water supplies authorized hereunder and implemented by resolution of the city council, is guilty of a misdemeanor, and upon conviction is punishable by a fine not exceeding one thousand dollars or by imprisonment in the county jail for a period not exceeding six months or by both such fine and imprisonment.
(Ord. 1867 § 1 (part), 4-8-91)