Chapter 13.05
CONSERVATION OF WATER SUPPLY
Sections:
13.05.010 Purpose and authority.
13.05.030 Suspension of new connections to the city’s water system.
13.05.040 Waste of water prohibited.
13.05.060 Stage 1 water shortage emergency measures—Minor shortage (voluntary reduction).
13.05.090 Stage 4—Urgent shortage (mandatory rationing—thirty percent to forty percent).
13.05.100 Stage 5—Critical shortage (mandatory rationing—forty percent to fifty percent).
13.05.110 Stage 6—Severe shortage (mandatory rationing—greater than fifty percent).
13.05.120 Signs on lands supplied from private sources or supplied with recycled water.
13.05.130 Use of sprinklers conditional.
13.05.150 Enforcement and fees.
13.05.010 Purpose and authority.
The purpose of this chapter is to conserve water supply of the city of Cloverdale for the greatest public benefit, to mitigate the effects of a water supply shortage or catastrophic supply interruption on public health and safety, fire protection, and domestic use by reducing waste, and to the extent necessary upon declaration of a water shortage emergency condition, to reduce water use fairly and equitably. This chapter is adopted pursuant to state law, including Water Code Sections 350 to and including 358 and Sections 31026 to and including 31029. (Ord. 741-2021 § 3, 2021; Ord. 691-2014 § 2 (part), 2014)
13.05.020 Definitions.
The terms used in this chapter shall have the following meanings:
A. Approvals Needed for Development. These include all the approvals needed for development, including through approval of the building permit.
B. Blatant Noncompliance. If, during a water shortage emergency, it is evident to the city manager through billed water use or observation of the water waste at the property that the customer is obviously or blatantly not complying with the water use restrictions in effect.
C. “Corresponding billing period” means a similar billing period occurring in a prior designated year to which current water use is compared for the purpose of determining the percent reduction in use.
D. “Drip system” means an irrigation system downstream of a reduced pressure device fitted with drip emitters, bubblers or low-pressure micro-jet sprayers.
E. “ETo” means evapotranspiration demand reported as reference evapotranspiration for each California Irrigation Management Information System (CIMIS) weather station located in Sonoma and Marin Counties. (Local ETo data is available on the CIMIS website: http://www.cimis.water.ca.gov/cimis/welcome.jsp.)
F. “ETo adjustment factor” means a factor to multiply times ETo to determine the appropriate amount of sprinkler water to apply to turf grass, garden, landscaped area, trees or shrubs while rationing is in effect. The amount of water to apply is found by multiplying the area of landscape to be irrigated (square feet) times the appropriate ETo adjustment factor (see percentage in Section 13.05.130(C)) times ETo (inches for a given period of time—typically three to seven days) times 7.48/12 to convert to gallons.
G. “Healthcare and public safety use” means use of water by customers whose principal purpose is to provide health services to the public (such as hospitals, clinics, invalid and senior care facilities and homes, and doctor, dentist, optometrist, and chiropractor offices, etc.) or which provide vital public safety services (such as police stations, jails, fire stations, utility services, etc.). Not included in this class are office buildings that provide solely administration services (such as health insurance organizations, etc.) or landscaping uses at any healthcare or public safety site.
H. “Irrigation only use” means water use downstream of a city owned billing meter whose principal purpose and design is to serve irrigation use.
I. “Overall rationing requirement” means the percent reduction in overall withdrawals from the water system determined by the city council to be necessary in order to achieve and to safely survive a declared water shortage emergency.
J. “Run-time” means the duration in minutes, either programmed or set, for each valve controlled by an irrigation system clock (controller) or manually operated.
K. “Shop unit” means a type of residential unit which is separately metered and which involves a dwelling unit that is incorporated into the premises of a business—sometimes also referred to as a “shop house” or “live/work unit.”
L. Sprinklers. As used in this chapter, the term “sprinklers” means an irrigation sprinkler connected to a hose, irrigation sprinklers connected to an in-ground pipe system and soaker hoses or porous pipelines operating off of normal service pressure.
M. “Swimming pool” or “pool” means any structure intended for swimming or recreational bathing that contains water over eighteen inches deep. “Swimming pool” includes in-ground and aboveground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools.
N. “Violation reconnection fee” means two hundred percent of the reconnection fee.
O. “Water conservation coordinator” is the city engineer or designee.
P. “Water feature” means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, and artificial streams (where water is artificially supplied). “Water feature” does not include spas and swimming pools.
Q. “Will-serve letter” means a letter issued by the city engineer of the city of Cloverdale stating that city possesses adequate water and sewer utility capacity to a proposed development and agrees to provide these utility services in accordance with the development plan reviewed by the city engineer. (Ord. 741-2021 § 3, 2021; Ord. 691-2014 § 2 (part), 2014)
13.05.030 Suspension of new connections to the city’s water system.
A. From the effective date the city council, by resolution, declares the existence of a Stage 2 water shortage emergency, the city council shall have the discretion to also declare a suspension on new or enlarged connection to the city’s water system. The city council shall have the discretion to implement such suspension by resolution either at the time the water shortage emergency is declared by the city council, or any time by resolution while the water shortage emergency is still in place. The city council shall also have the discretion to end such suspension period by resolution at any time.
B. During any period of time that the council declares a suspension on new connections (“suspension period”), as described in subsection A of this section, no new or enlarged connections shall be made to the city’s water system except the following:
1. Connection of fire hydrants.
2. Connection of property previously supplied with water from a private water source (such as a well or spring) upon submittal and approval of the city engineer of evidence that the private source has failed or dried up or has otherwise been impaired by a drought or water shortage event to such a degree that the source no longer can meet minimal potable water needs of the applicant.
3. During Stage 2, new connection of property for which the applicant has obtained all approvals required for development, except potable water supply, and agrees to defer installation of turf landscaping until after the suspension period.
4. During Stages 3, 4, 5, and 6, new connection of property for which the applicant: has obtained all approvals required for development except potable water supply; agrees to defer installation of turf landscaping until after the suspension period; and either:
a. Retrofits existing water fixtures and devices, or otherwise completes water conservation projects, sufficient to offset the anticipated use of water by the connection of the property, as determined in the sole judgment of the city engineer; or
b. Pays the city a fee, if such fee has been established by the city council by resolution, that shall be used to pay for water conservation projects identified by the city. The fee established by the city council shall be in an amount sufficient to offset the anticipated use of water by the connection of the property.
The purpose of this subsection is to allow new connections of property that will not increase the use of water in the city in a manner that exacerbates existing drought conditions.
C. During the suspension period, applications for water service will be processed only if the applicant has been issued a will-serve letter or acknowledges in writing that such processing shall be at the risk and expense of the applicant and that if the application is approved in accordance with the city’s regulations, such approval shall confer no right upon the applicant or anyone else until the suspension period has expired, and that the applicant releases the city from all claims of damage arising out of or in any manner connected with the suspension of connections.
D. Upon the termination of the suspension period, the city will make connections to its water system in accordance with its regulations and the terms of connection agreements for all said applications approved during the suspension period. The water supply then available to the city will be apportioned equitably among all the customers then being served by the city without discrimination against services approved during the suspension period.
E. Nothing herein shall prohibit or restrict any modification, relocation, or replacement of a connection to the city’s system if the city engineer determines that the demand upon the city’s water supply will not be increased thereby. (Ord. 741-2021 § 3, 2021; Ord. 696-2014 § 1, 2014: Ord. 691-2014 § 2 (part), 2014)
13.05.040 Waste of water prohibited.
A. No water furnished by the city shall be wasted. Waste of water includes, but is not limited to, the following:
1. Washing of sidewalks, walkways, driveways, parking lots, and other hard-surfaced areas by direct hosing.
2. Irrigating of landscaped areas within forty-eight hours of any measurable precipitation.
3. Escape of water through breaks or leaks within the customer’s plumbing or private distribution system for any substantial period of time, within which such break or leak should reasonably have been discovered and corrected. It shall be presumed that a period of seventy-two hours after the customer discovers such a break or leak or receives notice from the city is a reasonable time within which to correct such break or leak or, as a minimum, to stop the flow of water from such break or leak.
4. Irrigation in a manner or to an extent which allows excessive runoff of water or unreasonable overspray of the areas being watered. Every customer is deemed to have his or her water system under control at all times, to know the manner and extent of his or her water use and any runoff, and to employ available alternatives to apply irrigation water in a reasonably efficient manner.
5. Washing cars, boats, trailers, or other vehicles and machinery directly with a hose not equipped with a shutoff nozzle.
6. Water for nonrecycling decorative water fountains.
7. Water for single pass evaporative cooling systems for air conditioning in all connections installed after January 22, 2014, unless required for health or safety reasons.
8. Water for new nonrecirculating conveyor car wash systems.
9. Water for new nonrecirculating industrial clothes wash systems.
B. Waste of water shall also include failure to put to reasonable beneficial use any water withdrawn from the city’s water system as determined by the city engineer. (Ord. 741-2021 § 3, 2021; Ord. 691-2014 § 2 (part), 2014)
13.05.050 Prohibition of nonessential use of water—Declaration of water emergency (Stage 1, Stage 2, Stage 3, Stage 4, Stage 5, and Stage 6).
No water furnished by the city shall be used for any purpose declared to be nonessential by this chapter. Nonessential uses of water are not permitted. The restrictions in this chapter shall not apply to use of recycled wastewater furnished by a government agency. (Ord. 741-2021 § 3, 2021; Ord. 714-2017 § 4 (Exh. A), 2017; Ord. 696-2014 § 2, 2014: Ord. 691-2014 § 2 (part), 2014)
13.05.060 Stage 1 water shortage emergency measures—Minor shortage (voluntary reduction).
A. A Stage 1 water shortage emergency condition may be declared to exist by the city council at any time as a measure to prohibit water waste. When Stage 1 is in place, all customers are asked to voluntarily reduce consumption of water furnished by the city by the overall reduction amount established by resolution for Stage 1, and all customers of the city are requested to:
1. Apply irrigation water only during the evening and early morning hours to reduce evaporation losses.
2. Inspect all irrigation systems, repair leaks, and adjust spray heads to provide optimum coverage and eliminate avoidable over-spray.
3. For irrigation valves controlling water applied to turf grass, vary the minutes of run-time consistent with fluctuations in weather.
4. Reduce minutes of run-time for each irrigation cycle if water begins to run off to gutters and ditches before the irrigation cycle is completed.
5. Become informed about and strictly adhere to the city’s water waste prohibitions (refer to Section 13.05.040).
6. Utilize water conservation incentive, rebate, and giveaway programs to replace water guzzling plumbing fixtures and appliances with water efficient models.
7. Take advantage of the free information available from the city on how to use water efficiently, read a water meter, repair ordinary leaks, and how to apply water efficiently to the landscape.
8. Wash automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment only with a handheld bucket or a handheld hose with an automatic shutoff nozzle.
9. Refrain from refilling any swimming pools, spas, ponds, or fountains.
10. Refrain from equipping any swimming pools, spas, ponds, and fountains with recirculating pumps. (Ord. 741-2021 § 3, 2021)
13.05.070 Stage 2 water shortage emergency measures—Moderate shortage (mandatory rationing—ten percent to twenty percent).
A. A Stage 2 water shortage emergency condition may be declared by the city council upon a ten to twenty percent reduction in the city’s water supply.
B. At the time of declaration of a Stage 2 or greater water shortage emergency, the city shall impose mandatory water use reductions seeking a fifteen percent reduction in consumption. In determining compliance, the city shall rely on water production records comparing current production trends to trends that would normally be expected to occur. Individual customers who can conserve more than the mandatory conservation requirements established by this chapter are requested and strongly encouraged to do so voluntarily in order to help those customers who would incur economic hardship in order to meet the rationing level.
C. At any and all times that a water shortage emergency condition of Stage 2 or greater is declared to exist by the city council, water uses not in compliance with this section are declared nonessential and the following restrictions apply:
1. All voluntary consumption reduction measures established under Stage 1 are mandatory.
2. The city shall implement a water shortage surcharge on water usage charges for each customer, in an amount established by the city council by resolution. Water rate surcharges are calculated and identified in the currently adopted water and wastewater rate study and urban water management plan. The water shortage surcharge may be adjusted by the city manager, in consultation with the city engineer, depending on water use class and water supply conditions. (Ord. 741-2021 § 3, 2021)
13.05.080 Stage 3 water shortage emergency measures—Significant shortage (mandatory rationing—twenty percent to thirty percent).
A. A Stage 3 water shortage emergency may be declared by the city council upon a twenty to thirty percent reduction in the city’s water supply.
B. At the time of declaration of a Stage 3 or greater water shortage emergency, the city shall impose mandatory water use reductions seeking a twenty-five percent reduction in consumption. In determining compliance, the city shall rely on water consumption records comparing current consumption trends to trends that would normally be expected to occur. Individual customers who can conserve more than the mandatory conservation requirements established by this chapter are requested and strongly encouraged to do so voluntarily in order to help those customers who would incur economic hardship in order to meet the rationing level.
C. At any and all times that a water shortage emergency condition of Stage 3 or greater is declared to exist by the city council, water uses not in compliance with this section are declared nonessential and the following restrictions apply:
1. All water use consumption reduction measures established in Stage 1 and Stage 2 remain mandatory.
2. The city shall implement a water shortage surcharge on water usage charges for each customer, in an amount established by the city council by resolution. The water shortage surcharge may be adjusted by the city manager, in consultation with the city engineer, depending on water use class and water supply conditions.
3. Irrigation may only occur twice a week.
4. Any residential water use (excluding irrigation only) in excess of that resulting from application of the mandatory residential rationing requirement established by the city council, is not permitted.
5. Any nonresidential water use (excluding irrigation only use and healthcare and public safety use) in excess of that resulting from application of the overall mandatory rationing requirement established by the city council, is not permitted. Nonresidential water use for healthcare and public safety use shall be the minimum amount necessary to provide such services.
6. Washing of mobile vehicles is not permitted except for when health, safety, and welfare of the public is contingent on frequent vehicle cleanings, such as garbage trucks and vehicles used to transport food and perishables.
7. Use of water from a fire hydrant is not permitted except for use for fighting fires or for any other emergency use deemed essential by the fire chief. Such an emergency use shall require a permit issued by the city engineer.
8. Watering of any existing turf grass, ornamental plant, garden, landscaped area, trees, shrubs, or other plants is prohibited except from a handheld hose or container, or drip irrigation system and in compliance with Section 13.05.130.
9. Watering of new turf grass or replacement turf grass is not permitted.
10. Initial filling of any swimming pool is not permitted if approval of the construction permit issued by the city was made after the date on which the Stage 3 water shortage emergency condition was declared to exist.
11. Drinking water will not be served at any restaurant, cafe, cafeteria, or other public place where food is sold, served, or offered for sale, unless expressly requested by a patron.
12. New connections to the city’s water system shall be suspended in accordance with Section 13.05.030. (Ord. 741-2021 § 3, 2021)
13.05.090 Stage 4—Urgent shortage (mandatory rationing—thirty percent to forty percent).
A. A Stage 4 water shortage emergency condition may be declared by the city council upon a thirty to forty percent reduction in the city’s water supply.
B. At the time of declaration of a Stage 4 or greater water shortage emergency, the city shall implement a water allotment/penalty method of up to a thirty-five percent reduction in water use on all water customers. In determining compliance, the city shall rely on water production records comparing current production trends to trends that would normally be expected to occur. Individual customers who can conserve more than the mandatory conservation requirements established by this chapter are requested and strongly encouraged to do so voluntarily in order to help those customers who would incur economic hardship in order to meet the rationing level.
C. Water allotments will be assigned for each water use class depending on the necessary water conservation percent reduction. The city manager, in consultation with the city engineer, may increase or decrease the allotment for any customer if he or she determines that special circumstances exist and such a modification would be beneficial for water allocation equity or health and safety concerns.
D. The water allotment for residential meters serving single-family detached homes, including accessory dwelling units that are served by the same meter, shall be determined by the number of permanent occupants served by the meter. Permanent occupants shall be a whole number. Babies, children, adults, and senior citizens whose principal place of residence is in the dwelling in question shall each count as one occupant. In determining the number of permanent occupants, the city shall rely upon data it has acquired from the customer or other sources, including statistical information provided by the U.S. Census Bureau. Provided sufficient time is available, the city will attempt to canvass customers to obtain current data on permanent household occupants.
E. If a connection to the city’s system was not in existence or used in the year established for determination of the mandatory rationing requirement, the city will estimate use in such year based on other historic records and/or water use by customers having similar end uses.
F. At any and all times that a water shortage emergency condition of Stage 4 or greater is declared to exist by the city council, water uses not in compliance with this section are declared nonessential and the following restrictions apply:
1. All water use consumption reduction measures established in Stage 1, Stage 2, and Stage 3 remain mandatory.
2. The city shall implement a water shortage surcharge on water usage charges for each customer. The water shortage surcharge may be adjusted by the city manager, in consultation with the city engineer, depending on water use class and water supply conditions.
3. Irrigation may only occur once a week.
4. Residential meters serving single-family detached homes including accessory dwelling units that are served by the same meter: any water use in excess of sixty-five gallons per capita per day times the number of permanent occupants is not permitted.
5. Residential meters serving multiple units: any use in excess of that resulting from application of the mandatory residential rationing requirement established by the Cloverdale city council.
6. Irrigation only meters: any use in excess of that resulting from application of the mandatory irrigation rationing requirement established by the Cloverdale city council.
7. Meters serving any nonresidential use (excluding irrigation only metered use and healthcare and public safety use): any use in excess of that resulting from application of the overall mandatory rationing requirement established by the Cloverdale city council.
8. Meters serving water used for healthcare and public safety (excluding irrigation only use): any use in excess of the minimum amount required to adequately provide for healthcare and public safety.
9. Meters serving mixed uses: an allotment to be determined by the city engineer based upon the criteria contained in subsections (F)(1) through (5) of this section. (Ord. 741-2021 § 3, 2021)
13.05.100 Stage 5—Critical shortage (mandatory rationing—forty percent to fifty percent).
A. A Stage 5 water shortage emergency condition may be declared by the city council upon a forty to fifty percent reduction in the city’s water supply.
B. At the time of declaration of a Stage 5 or greater water shortage emergency, the city shall implement a water allotment/penalty method of up to a forty-five percent reduction in water use on all water customers. In determining compliance, the city shall rely on water production records comparing current production trends to trends that would normally be expected to occur. Individual customers who can conserve more than the mandatory conservation requirements established by this chapter are requested and strongly encouraged to do so voluntarily in order to help those customers who would incur economic hardship in order to meet the rationing level.
C. The same methods established under Stage 4 will be used to implement water allotments based on water use class. As water supply conditions change, the city manager may adjust the water allotment for any and all customers as necessary to meet demand reduction needs.
D. If a connection to the city’s system was not in existence or used in the year established for determination of the mandatory rationing requirement, the city will estimate use in such year based on other historic records and/or water use by customers having similar end uses.
E. At any and all times that a water shortage emergency condition of Stage 5 or greater is declared to exist by the city council, water uses not in compliance with this section are declared nonessential and the following restrictions apply:
1. All water use consumption reduction measures established in Stage 1, Stage 2, Stage 3, and Stage 4 remain mandatory.
2. The city shall implement a water shortage surcharge on water usage charges for each customer, in an amount established by the city council by resolution. The water shortage surcharge may be adjusted by the city manager, in consultation with the city engineer, depending on water use class and water supply conditions.
3. Irrigation is not permitted. (Ord. 741-2021 § 3, 2021)
13.05.110 Stage 6—Severe shortage (mandatory rationing—greater than fifty percent).
A. A Stage 6 water shortage emergency condition may be declared by the city council upon a greater-than-fifty-percent reduction in the city’s water supply.
B. At the time of declaration of a Stage 6 water shortage emergency, the city shall implement a water allotment to decrease water use by all water customers by fifty-five percent. In determining compliance, the city shall rely on water production records comparing current production trends to trends that would normally be expected to occur. Individual customers who can conserve more than the mandatory conservation requirements established by this chapter are requested and strongly encouraged to do so voluntarily in order to help those customers who would incur economic hardship in order to meet the rationing level.
C. The same methods established under Stage 4 will be used to implement water allotments based on water use class. As water supply conditions change, the city manager may adjust the water allotment for any and all customers as necessary to meet demand reduction needs.
D. If a connection to the city’s system was not in existence or used in the year established for determination of the mandatory rationing requirement, the city will estimate use in such year based on other historic records and/or water use by customers having similar end uses.
E. At any and all times that a water shortage emergency condition of Stage 6 is declared to exist by the city council, water uses not in compliance with this section are declared nonessential and the following restrictions apply:
1. All water use consumption reduction measures established in Stage 1, Stage 2, Stage 3, Stage 4, and Stage 5 remain mandatory.
2. The city shall implement a thirty-eight percent water shortage surcharge on water usage charges for each customer. The water shortage surcharge may be adjusted by the city manager, in consultation with the city engineer, depending on water use class and water supply conditions. (Ord. 741-2021 § 3, 2021)
13.05.120 Signs on lands supplied from private sources or supplied with recycled water.
The owner or occupant of any land within the water service area of the city that is supplied with recycled wastewater or water from a source not owned or operated by the city (such as a well, spring or legal surface diversion) which is used to irrigate landscape which is visible to the general public will be requested to post and maintain in a conspicuous place thereon a sign furnished by the city giving public notice of the private supply. (Ord. 741-2021 § 3, 2021; Ord. 691-2014 § 2 (part), 2014. Formerly 13.05.060)
13.05.130 Use of sprinklers conditional.
A. Any customer of the city may use sprinklers to apply water furnished by the city to irrigate any turf grass, garden, landscaped area, trees or shrubs provided said application is properly controlled and performed in a nonwasteful and efficient manner confined to the nighttime hours of between seven p.m. and nine a.m. of the next day. In the event low pressure microjet sprayers are present in a drip system, irrigation by the valve(s) controlling same shall also be confined to the nighttime hours noted above. To the extent the requirements of this section conflict with the requirements implemented by any water shortage emergency stage, the requirements of the water shortage emergency stage shall control.
B. The amount of water normally applied for landscape irrigation shall not exceed eighty percent (or such percent as specified by resolution). This section shall not be interpreted to permit landscape irrigation in a manner that is prohibited by any declared water shortage emergency stage.
C. In determining the amount of water to apply to turf grass, customers are encouraged to use the following formula:
|
Applied water for turf grass (gallons) = |
|
Area of turf grass (square feet) |
|---|---|---|
|
|
x |
ETo (inches for a given period of time—typically 3 to 7 days) |
|
|
x |
ETo adjustment factor of 0.64 |
|
|
x |
conversion factor of 0.62 |
The ETo adjustment factor is based on the assumption that overall irrigation efficiency is sixty-five percent and that the crop coefficient for turf grass is 0.8. Use of this formula to determine applied water will yield the appropriate amount of water to apply while rationing is in effect.
D. In determining the amount of water to apply to landscaped areas containing a mixture of trees and shrubs, customers are encouraged to use the following formula:
|
Applied water for mixed trees and shrubs (gallons) = |
|
Area of landscape (square feet) |
|---|---|---|
|
|
x |
ETo (inches for a given period of time—typically 3 to 7 days) |
|
|
x |
ETo adjustment factor of 0.48 |
|
|
x |
conversion factor of 0.62 |
The ETo adjustment factor is based on the assumption that overall irrigation efficiency is sixty-five percent and that the crop coefficient for mixed trees and shrubs is 0.6. Use of this formula to determine applied water will yield the appropriate amount of water to apply while rationing is in effect.
E. Water applied by sprinklers shall be applied in short enough cycles to avoid runoff to gutters and drains.
F. During any water shortage emergency period, use of water by sprinklers is a privilege and permission to use water in this way may be withdrawn if it comes to the attention of the city engineer that such use by a given customer is wasteful or in excess of the amount determined in subsection B of this section. A common result of wasteful application of water by sprinklers is evidence of runoff to a gutter. (Ord. 741-2021 § 3, 2021; Ord. 696-2014 § 3, 2014; Ord. 691-2014 § 2 (part), 2014. Formerly 13.05.070)
13.05.140 Variances.
A. Any customer of the city may make written application for a variance. Applications shall be addressed to:
Utility Billing
City of Cloverdale
124 N. Cloverdale Boulevard
Cloverdale, CA 95425
Said application shall describe in detail why applicant believes a variance is justified. The city manager, in consultation with the city engineer, may grant a variance to permit a use of water otherwise prohibited by this chapter, if he or she determines that failure to do so would cause:
1. An emergency condition affecting the health, sanitation, fire protection or safety of the applicant or public; or
2. An unnecessary and undue hardship on the applicant or the public, including but not limited to adverse economic impacts, such as loss of production or jobs.
B. The decision of the city manager to deny an application for variance under this section may be appealed to the city council by submitting a written appeal to the city within fifteen calendar days of the date of the decision. Variances granted by the city council shall be prepared in writing and contain any conditions imposed by the city council in granting said variance. The city council may require the variance be recorded at applicant’s expense. (Ord. 741-2021 § 3, 2021; Ord. 691-2014 § 2 (part), 2014. Formerly 13.05.080)
13.05.150 Enforcement and fees.
A. During Stages 2 through 6, should the finance manager become aware of any violation of any provision of this chapter, the following enforcement procedure shall be undertaken:
1. For the first such violation, the customer shall be given a warning, generally by phone or directly in person by a city employee, or by leaving a door tag notice informing the customer of the problem and asking that it be corrected.
2. If the violation continues or is repeated, a certified letter shall be mailed to the customer who receives the water bill. Said letter shall describe the violation and request that it be corrected, cured, and abated immediately or within such specified time as the finance manager determines is reasonable under the circumstances. Said letter shall state the consequences of noncompliance with the request.
3. If the violation continues, the finance manager may impose any penalty established by the city council under a resolution declaring a water emergency, pursue enforcement action pursuant to Chapters 1.10 through 1.15, or order disconnection of the service where the violation occurs.
4. During Stages 4 through 6, any customer exceeding their water supply allotment, based on metered billing records, shall be billed and required to pay a penalty established by the city council by resolution. This penalty charge shall be waived for the first bill received after the supply shortage stage is implemented and shall terminate the day of the stage of water shortage emergency period ends.
B. If water service is disconnected due to violations of this chapter, before reconnection of a service, the customer must stop the violation, pay all past due charges on the account, and pay a violation reconnection fee.
C. If during a declared water shortage emergency pursuant to this chapter, a water service is disconnected two or more times because of violation of this chapter, a flow restriction device may be installed by the city before service is reconnected. Furthermore, the customer must stop the violation, pay all past due charges on the account, and pay a second violation reconnection fee. If a flow restriction device is installed, the city shall remove the same after the council declares that the water shortage emergency is over or reduces the emergency below Stage 3.
D. It shall be unlawful for any customer to willfully tamper with or in any way modify or attempt to modify a city meter or anything within the city’s meter box. Violation shall result in customer being charged a meter tampering fee, plus the cost of labor and materials to remedy any damage caused to the city’s equipment as a result of such tampering.
E. Anyone who willfully takes water from the city water system without the city’s permission or who willfully tampers with or causes damage to any city meter or water system appurtenance is liable to the city in the sum of time and materials, plus citation for code violation, as a civil penalty. This sum shall be recoverable by civil suit in a court of competent jurisdiction. This section does not limit the city’s right to recover the cost of any city water taken without the city’s permission.
F. All customer fees required by this section shall be set by a resolution of the city. (Ord. 741-2021 § 3, 2021; Ord. 691-2014 § 2 (part), 2014. Formerly 13.05.090)