Chapter 8.60
WATER CONSERVATION AND RATIONING
Sections:
8.60.010 Definitions.
8.60.020 Declaration of water emergency.
8.60.030 Mandatory water conservation and rationing policy.
8.60.040 Prohibition of nonessential uses during state of water shortage emergency.
8.60.050 Nonessential uses—Water conservation.
8.60.060 Nonessential uses—Water rationing.
8.60.070 Authority to enforce—Penalties.
8.60.080 Disconnection.
8.60.090 Appeals board, appeals and exceptions.
8.60.100 Reconnection.
8.60.110 New connections.
8.60.120 Excess water use charge.
8.60.130 Waiver of excess water use charge.
8.60.010 Definitions.
As used in this chapter:
A. “District board” means the board of directors of the Estero municipal improvement district.
B. “District” means the Estero municipal improvement district.
C. “District president” means the president of the board of directors of the Estero municipal improvement district.
D. “District manager” means the district manager of the Estero municipal improvement district.
E. “District engineer” means the district engineer of the Estero municipal improvement district.
F. “District counsel” means the district counsel of the Estero municipal improvement district.
G. “District secretary” means the district secretary of the Estero Municipal improvement district.
H. “Finance director” means the finance director of the Estero municipal improvement district.
I. “User” and “customer” mean any person, firm, partnership, association, corporation, company, organization or governmental entity taking water from or using water supplied by the Estero municipal improvement district.
J. “Unit of water” is one hundred cubic feet of water.
K. “Water” means water supplied by the Estero municipal improvement district.
L. “Irrigation” means the watering of grass, lawn, groundcover, shrubbery, annual flowers/plantings, open ground, gardens, trees or other vegetation.
M. “Water emergency” means any condition related to the district’s available water supply which limits its ability to supply a normal amount of water to district customers. (Ord. 126 § 1 (part), 2009)
8.60.020 Declaration of water emergency.
In accordance with the provisions of Chapter 3 of the California Water Code, the district board may declare a water shortage emergency condition to prevail and therefore a need to implement mandatory water conservation and/or water rationing which shall remain in effect until the district board determines that the state of water emergency no longer exists. (Ord. 126 § 1 (part), 2009)
8.60.030 Mandatory water conservation and rationing policy.
During a state of water emergency, it is the policy of the district to prohibit or restrict certain uses of water which is obtained from the district water supply and to prescribe penalties for violations. (Ord. 126 § 1 (part), 2009)
8.60.040 Prohibition of nonessential uses during state of water shortage emergency.
The provisions of this chapter shall apply to all users of water obtained from the district. Notwithstanding other provisions of the Foster City Municipal and Estero Municipal Improvement District Codes inconsistent with this chapter, the provisions of this chapter shall remain in effect until such time as the district board declares the water shortage emergency over. (Ord. 126 § 1 (part), 2009)
8.60.050 Nonessential uses—Water conservation.
Upon the district board declaring a water shortage emergency condition to prevail and declaring that water conservation measures are required, it shall be unlawful to use water obtained from the district water supply in the following ways, with the following results or during the following times or conditions:
A. Allowing or failing to attend to the escape of water through leaks, breaks or malfunction within the water user’s plumbing or distribution system for any period of time within which such leak, break or malfunction should reasonably have been discovered and corrected. It shall be presumed that a period of twenty-four hours after the water user discovers or is notified of such break, leak or malfunction is a reasonable time within which to correct such condition or to make arrangement for correction;
B. Operating, cleaning or flushing any ornamental fountain or body of water unless there are extenuating circumstances as determined by the appeals board;
C. Operating a car wash unless water for such use is recycled;
D. Taking or using water from any fire hydrant unless specifically authorized by permit from the appeals board, except by legally constituted fire protection agencies for fire suppression purposes;
E. Filling any swimming pool or spa unless there are extenuating circumstances as determined by the appeals board;
F. Flushing fire hydrants and water mains unless there is an emergency as determined by the district engineer;
G. Excess watering of new planting or replanting of any water-dependent landscaping including, but not limited to, any replacement, additional or new grass, lawn, groundcover, shrubbery, annual flowers/plantings, trees, gardens or other vegetation until such time as the district board has determined that the water shortage emergency is over. The planting and replanting should be done in a manner which minimizes the amount of water required;
H. Using water for consolidation of backfill or dust control;
I. Any other use of water which is determined to be wasteful as determined by the district engineer;
J. The application of potable water to outdoor landscapes during and within forty-eight hours after measurable rainfall;
K. The irrigation with potable water of ornamental turf on public street medians;
L. Any other restrictions and prohibitions outlined in the most recent version of Estero Municipal Improvement District’s water shortage contingency plan;
M. Use of graywater is exempt and may be used for irrigation purposes. (Ord. 136 § 2 (part), 2018: Ord. 134 § 1 (part), 2016; Ord. 132 § 1 (part), 2015; Ord. 126 § 1 (part), 2009)
8.60.060 Nonessential uses—Water rationing.
Upon the district board declaring a water shortage emergency condition to prevail and declaring that water rationing measures are required, it shall be unlawful to use water obtained from the district water supply in the following ways, with the following results or during the following times or conditions:
A. Using water in excess of the following allocations:
1. Residential customers as specified by resolution of the district board;
2. Industrial customers as specified by resolution of the district board;
3. Commercial, institutional and governmental customers as specified by resolution of the district board;
4. Irrigation and outside water usage customers as specified by resolution of the district board;
B. Allowing or failing to attend to the escape of water through leaks, breaks or malfunction within the water user’s plumbing or distribution system for any period of time within which such break, leak or malfunction should reasonably have been discovered and corrected. It shall be presumed that a period of twenty-four hours after the water user discovers or is notified of such break, leak or malfunction is a reasonable time within which to correct such condition or to make arrangement for correction;
C. Operating, cleaning, flushing, filling or refilling of any ornamental fountain or body of water, unless there are extenuating circumstances as determined by the appeals board;
D. Operating a car wash unless water for such use is recycled;
E. Taking or using water from any fire hydrant unless specifically authorized by permit from the appeals board, except by legally constituted fire protection agencies for fire suppression purposes;
F. Draining and then filling or refilling of any swimming pool or spa unless there are extenuating circumstances as determined by the appeals board;
G. Flushing fire hydrants and water mains unless there is an emergency as determined by the district engineer;
H. Excess watering of new planting or replanting of plant material of any type, including but not limited to any replacement, additional or new grass, lawn, groundcover, shrubbery, annual flowers/plantings, trees, gardens or other vegetation until such time as the district board has determined that the water shortage emergency is over. Planting and replanting should be done in a manner which minimizes the amount of water required;
I. Using water for consolidation of backfill or dust control;
J. Any other use of water which is determined to be wasteful as determined by the district engineer;
K. Any other restrictions and prohibitions outlined in the most recent version of Estero Municipal Improvement District’s water shortage contingency plan;
L. Use of graywater is exempt and may be used for irrigation purposes. (Ord. 136 § 2 (part), 2018: Ord. 134 § 1 (part), 2016; Ord. 132 § 1 (part), 2015; Ord. 126 § 1 (part), 2009)
8.60.070 Authority to enforce—Penalties.
All peace officers of the city of Foster City and public officers and employees duly authorized by the district manager shall enforce this chapter pursuant to Chapter 5C, Title 3, Part 2 of the Penal Code (Section 853.5 et seq). This authority is based on Section 836.5 of the Penal Code. In the performance of their duties the above referred to peace officers and officers and employees have the authority to issue citations to appear in court for violations of this chapter.
A. Violation of any provisions of this chapter, including the use of water in excess of the allotments set forth in Section 8.60.060(A) is subject to penalties as provided for in Section 356 of the California Water Code. Additionally, the district may require installation of a flow-restricting device on the water service line.
B. Charges for installation of flow-restricting devices and restoration of service shall be specified by resolution of the district board.
C. Continued water consumption in excess of the allocation may result in discontinuance of water service by the district.
D. In addition to applicable penalties, a charge as established by resolution of the board of directors shall be paid prior to reactivating water service.
E. Except as specifically stated elsewhere, any violation of the provisions of this chapter shall be punishable as an infraction, the penalty for which shall be as follows:
1. In addition to applicable penalties, a first violation charge as established by resolution of the board of directors will be made and collected.
2. In addition to applicable penalties, a second violation charge as established by resolution of the board of directors will be made and collected.
3. In addition to applicable penalties, an each additional violation charge as established by resolution of the board of directors will be made and collected. (Ord. 126 § 1 (part), 2009)
8.60.080 Disconnection.
Any user in violation of the provisions of Section 8.60.050 or 8.60.060 who fails to take corrective action after the first notification of the violation shall be subject to disconnection of water service. Upon disconnection of water service, a written notice shall be served upon the violator, or conspicuously posted at the entrance to the location where the violation has occurred and which shall state the time, place and general description of the violation and the method by which reconnection may be accomplished. (Ord. 126 § 1 (part), 2009)
8.60.090 Appeals board, appeals and exceptions.
A. An appeals board shall be established that is comprised of the district manager, finance director and the district president or their designees.
B. A written appeal for an exception to use water contrary to the provisions of Sections 8.60.050 and/or 8.60.060 or for an adjustment in an allocation of water may be made to the appeals board. Such appeal shall clearly state the basis for the appeal, the cause or reason why special consideration should be given by the appeals board, any corrective measures that must and will be taken and when they will be completed, the specific relief sought and any other pertinent information. The appeals board may:
1. Allow the planting of materials selected from an approved list of drought-tolerant plant materials obtained from the district and which are planted in low water use landscape designs and which employ low water use irrigation systems. The written appeal shall include a complete description of the planting request including the exact number and type of materials to be planted, how low water use landscape designs and irrigation systems will be used, and any other descriptive information likely to be of assistance to the appeals board in rendering a decision; or
2. Allow the use of water otherwise restricted or prohibited; or
3. Adjust an allocation of water if it finds that:
a. Failure to do so would cause an emergency condition adversely affecting the health, sanitation, fire protection or safety of the user or the public; and/or
b. The user has adopted all practicable water-conservation measures; and/or
c. Failure to do so would cause unnecessary and undue hardship to the customer or the public.
C. Any user who believes that an activity or condition which resulted in the disconnection of water service pursuant to this chapter did not constitute a violation of this chapter may appeal the disconnection in writing to the appeals board. If the appeals board finds that the activity or conduct did not constitute a violation of this chapter or was reasonable or unavoidable or for another reason should not be penalized, the user shall be reconnected to the water supply system and the reconnection charge shall be refunded. (Ord. 126 § 1 (part), 2009)
8.60.100 Reconnection.
A. Where water service is disconnected as authorized in Section 8.60.080, it shall be immediately reconnected upon correction of the condition or activity and payment of a reconnection charge as established by resolution of the board of directors.
B. Those water users that are serviced by a master meter for both domestic supply and irrigation and who are disconnected for violating any of the provisions contained within this chapter shall, upon receiving written notice from the district engineer, do and be subject to the following:
1. Post a cash bond in an amount determined by the district engineer to install a separate water service line and meter for the property owner’s irrigation system within sixty days of the water disconnection.
2. If the owner fails to install the new water service line and meter within the sixty days, the district shall utilize the cash bond to pay for installation costs associated with installing the water service line and meter. Any funds remaining after the installation of the water service line and meter shall be returned to the customer. Additional funds may be collected from the user by the district if the original amount was insufficient to complete installation of the service line and meter. (Ord. 126 § 1 (part), 2009)
8.60.110 New connections.
Water service connections to accommodate new developments, new construction or new users shall be granted only if water saving fixtures or devices are incorporated into the user’s plumbing and landscape irrigation system. For new developments in which water dependent landscaping is required as a use permit condition, the district shall require a cash bond or other form of security subject to approval of the district counsel from the developer in an amount equal to the estimated cost of landscaping plus ten percent. Cash deposits will be placed in an account in which the interest shall accrue to the developer. (Ord. 126 § 1 (part), 2009)
8.60.120 Excess water use charge.
A. An excess use charge as determined by resolution of the district board may be levied for water used in excess of the allocations specified by resolution of the district board.
B. Additional charges to all users may be imposed to compensate for a loss of revenue to the district or to pay for any additional cost to the district associated with the purchase of more water. (Ord. 126 § 1 (part), 2009)
8.60.130 Waiver of excess water use charge.
Written application for a waiver of an excess water use charge may be made to the appeals board. Such application shall contain all of the information required in Section 8.60.090.
A. The appeals board may waive a specific excess water use charge if it finds, based upon information and/or facts presented, that sufficient justification is present to allow such a waiver.
B. A waiver may be granted for one or more of the following reasons:
1. Water used in excess of the allocation was for the protection of health and/or sanitation or for the protection of property in the case of fire.
2. Water used in excess of allocation was the result of a condition unknown to the user which has subsequently been corrected to the satisfaction of the appeals board.
C. A waiver shall not be granted unless the user has adopted and has demonstrated all practicable water conservation or rationing measures, nor shall a waiver be granted on the basis of economic hardship. (Ord. 126 § 1 (part), 2009)