Chapter 13.72
WATER CONSERVATION TOILET RETROFIT
Sections:
ARTICLE I. TITLE, PURPOSE AND GENERAL PROVISIONS
13.72.050 Retrofit at time of change of service.
13.72.060 Compliance and penalties.
ARTICLE II. INSPECTION AND MONITORING
13.72.130 Authority to inspect.
ARTICLE III. ENFORCEMENT
13.72.150 Notice of violation.
13.72.170 Enforcement remedies.
ARTICLE I. TITLE, PURPOSE AND GENERAL PROVISIONS
13.72.010 Title.
This chapter shall be known as the “water conservation toilet retrofit ordinance” of the city of Cotati and may be so cited. (Ord. 822 § 3(part), 2009: Ord. 774 § 1(part), 2005).
13.72.020 Purpose and intent.
The purpose and intent of this chapter is to ensure that the present and future water resources and sanitary sewer treatment capacity available to the city of Cotati are utilized to maximum benefit for our present and future customers. The city intends to promote water conservation through requiring the installation of Water Sense toilets at the time of any change in water service by a residential customer. All residential customers applying for change of service shall comply with the requirements set forth in this chapter. (Ord. 822 § 3(part), 2009: Ord. 774 § 1(part), 2005).
13.72.030 Definitions.
The terms used in this chapter shall have the following meanings:
“Certificate of retrofit compliance” means a certificate issued upon completion of installation of a toilet retrofit in a residential structure. The certificate requires the signature of a licensed plumber verifying inspection or installation of toilet retrofit for each nonconforming toilet at the service address.
“City” means the city of Cotati.
“Pre-1992 residential structure” means any residential structure built and available for use or occupancy before January 1, 1992.
“Property owner” means the person or entity holding legal ownership and financial authority over the residential property.
“Residential customer” means the person or entity applying for service from an existing connection for a residential property who is also the property owner of the residential property at the service address. For purposes of this chapter, “residential customer” is defined to exclude renters of residential property.
“Residential property” means a parcel or parcels of real property upon which is located a residential structure.
“Residential structure” means a structure or structures located upon a parcel or parcels of real property which is used to provide living accommodation to one or more persons. Includes dwelling, dwelling unit or housing unit as defined in Title 17.
“Service address” means the address of a residential property receiving water service in the city.
“Toilet retrofit” means replacing each toilet using more than one and six-tenths gallons of water per flush with a Water Sense toilet.
“Water Sense toilet” means any toilet that uses 1.28 gallons per flush or less and conforms to the U.S. Environmental Protection Agency Water Sense specifications, as demonstrated though Water Sense certification.
“Water service change” means a request for new, increased or modified residential water service at an existing service address. (Ord. 822 § 3(part), 2009: Ord. 774 § 1(part), 2005).
13.72.040 Applicability.
All residential customers of a pre-1992 residential structure shall, at the time of water service change, comply with the requirements set forth in this chapter. (Ord. 822 § 3(part), 2009: Ord. 774 § 1(part), 2005).
13.72.050 Retrofit at time of change of service.
All existing toilet fixtures in pre-1992 residential structures receiving water from the city’s water system shall, at the time of water service change, be retrofitted, exclusively with a Water Sense toilet as defined in Section 13.72.030, if any existing toilet fixtures exceed one and six-tenths gallons per flush. A certificate of retrofit compliance shall be submitted by the property owner to the city for residential structures in which all toilet fixtures have been retrofitted. If no certificate of retrofit compliance is on file with the city at the time of request for a water service change, a site inspection shall be required and the property owner shall be charged a city inspection fee. Such fee may be set by council by separate resolution. The inspection will be performed by city personnel or a licensed plumber contracted by the city. The property owner may also contract its own licensed plumber, at its own expense, to conduct the inspection. If the pre-1992 residential structure is found to already be retrofitted, the city personnel or plumber will sign a certificate of retrofit compliance and submit it to the city building department with a copy to the property owner. If it is determined that a toilet retrofit is required the property owner shall be financially responsible for such toilet retrofit. Certificates of retrofit compliance will be maintained by the building department in order to provide future verification that all toilets installed in a structure do not exceed one and six-tenths gallons per flush. (Ord. 822 § 3(part), 2009: Ord. 774 § 1(part), 2005).
13.72.060 Compliance and penalties.
It shall be the property owner’s responsibility to obtain from the city, in addition to any normal permits required by the city, a certificate of retrofit compliance. The property owner will have ninety days from the date of request for change of water service to certify compliance with this chapter. Thereafter, the city will assess the property owner a surcharge of twenty percent of the water bill per billing cycle until a certificate of retrofit compliance is filed with the city. Such surcharge shall be prorated from the ninety-day deadline date to the actual date the certificate of retrofit compliance is filed with and received by the city building department. (Ord. 774 § 1(part), 2005).
13.72.070 Exemptions.
A residential customer shall be exempt from the requirements of this chapter in the following circumstances:
A. Unavailability of a Water Sense toilet to either match a well-defined historic architectural style fitted with authentic plumbing fixtures or to accommodate existing house plumbing without bathroom alteration;
B. One or more residents at the service address have special health circumstances that require specific plumbing fixtures which may not meet the ultra low-flow toilet criteria defined by this regulation;
C. Other Exemptions. The city manager determines that an exemption is necessary for purposes of health, safety and sanitation.
A request for an exemption must be accompanied by substantial evidence of the existence of the facts supporting the requested exemption. (Ord. 822 § 3(part), 2009: Ord. 774 § 1(part), 2005).
ARTICLE II. INSPECTION AND MONITORING
13.72.130 Authority to inspect.
Whenever it is necessary to make an inspection to enforce any provision of this chapter, or whenever the building official has cause to believe that a pre-1992 residential structure is in violation of this chapter, the building official or his/her designated representative, may enter such premises at all reasonable times to inspect the same and to inspect and copy records related to compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the city is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. (Ord. 774 § 1(part), 2005).
ARTICLE III. ENFORCEMENT
13.72.150 Notice of violation.
Whenever the building official finds that a person has failed to meet a requirement of this chapter, the building official may order compliance by written notice of violation to the property owner. If a toilet retrofit is required, the notice of violation shall specify that such toilet retrofit must be completed within sixty days of the date of the notice. Should the property owner fail to certify compliance before the expiration of the sixty-day period, the city may pursue remedies as provided in this chapter. (Ord. 774 § 1(part), 2005).
13.72.160 Appeal.
Any property owner receiving a notice of violation may appeal the determination of the building official to the city manager. The notice of appeal must be received by the city manager within fifteen days from the date of the notice of violation. Hearing on the appeal before the city manager or his/her designee shall take place within fifteen days from the date of city’s receipt of the notice of appeal. The decision of the city manager or designee shall be final. (Ord. 774 § 1(part), 2005).
13.72.170 Enforcement remedies.
A. It is unlawful for any residential property owner, to violate, to cause, or to maintain a violation of this chapter.
B. It is unlawful for any residential property owner to install or to cause the installation of any toilet fixture not meeting the minimum criteria of an ultra low-flow toilet contrary to the provisions of this chapter.
C. In addition to any other remedy or penalty provided by the Cotati Municipal Code, any provision of this chapter may be enforced by injunction issued by the superior court upon a suit brought by the city of Cotati.
D. In addition to any other remedy or penalty provided by the Cotati Municipal Code, any provision of this chapter may be enforced by an administrative order issued pursuant to any one of the administrative processes set forth in the Cotati Municipal Code.
E. Every residential property owner that violates, causes or maintains a violation of any provision of this chapter is guilty of a misdemeanor and is subject to the penalties imposed by the Cotati Municipal Code.
F. The building official is authorized and empowered to enforce the provisions of this section. (Ord. 774 § 1(part), 2005).