Chapter 8.94
WATER CONSERVATION PLAN
Sections:
8.94.010 Declaration of necessity and intent.
8.94.040 Water use efficiency measures.
8.94.060 City-maintained parks, landscaped areas, and facilities.
8.94.065 Poway Unified School District-maintained landscaped areas and facilities.
8.94.080 Commercial growers and nurseries.
8.94.090 Correlation between Drought Management Plan and water shortage response levels.
8.94.100 New landscaping and postponement of required landscaping.
8.94.010 Declaration of necessity and intent.
A. This chapter establishes water management requirements necessary to conserve water, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, prevent unreasonable use of water, prevent unreasonable methods of use of water within the City of Poway in order to assure adequate supplies of water to meet the needs of the public, and further the public health, safety, and welfare, recognizing that water is a scarce natural resource that requires careful management not only in times of drought, but at all times.
B. This chapter establishes water use efficiency measures applicable to all persons or businesses using City of Poway water at all times to increase water efficiency.
C. This chapter establishes regulations to be implemented during times of declared water shortages, or declared water shortage emergencies. It establishes four levels of water conservation actions to be implemented in times of shortage, with increasing restrictions on water use in response to worsening water supply conditions and decreasing available supplies.
D. Level 1 water conservation measures are voluntary and will be reinforced through local and regional public education and awareness measures. During water conservation Levels 2 through 4, conservation measures and water use restrictions are mandatory and become increasingly restrictive in order to attain escalating conservation goals. Violations may be subject to criminal, civil, and administrative penalties and remedies specified in this chapter and as provided in the Poway Municipal Code. (Ord. 682 § 1, 2008)
8.94.020 Definitions.
As used in this chapter:
A. “Active park and school ground areas” means those areas designated by public agencies and private schools for specific sporting and recreational activities and areas traditionally used for active play or recreation, where turf is an integral part of the activity. All other turf areas shall be considered ornamental.
B. “Agency” means the City of Poway.
C. “City Manager” means the City of Poway City Manager or the City Manager’s designee.
D. “Devices” shall mean any method utilized to conserve potable or reclaimed water supplies or to offset existing potable or reclaimed water supplies.
E. “DMP” means the Water Authority’s Drought Management Plan in existence on the effective date of the ordinance codified in this chapter and as readopted or amended from time to time, or an equivalent plan of the Water Authority to manage or allocate supplies during shortages.
F. “Fire protection” means actions for prevention or suppression of fires as directed by the Fire Marshal or fire prevention officer with jurisdiction over the local area involved.
G. “Golf courses” means the ground or course over which golf is played for commercial recreational use. A standard full-scale golf course encompasses 125 to 175 acres, usually with 18 holes varying from 100 to 650 yards in length from tee to cup. Shall also be defined to include areas owned by the same entity associated with the golf course for practice, ornamentation, recreation, and/or hospitality, including structures.
H. “Greywater” means household water other than toilet water, including, but not limited to, water from the laundry, shower, tub, bathroom, and kitchen sinks. The exception mentioned for greywater depends solely upon approval of such use by the San Diego County Department of Health Services.
I. “Grower” refers to persons engaged in the growing or raising, in conformity with recognized practices of husbandry, for the purpose of commerce, trade, or industry, or for use by public educational or correctional institutions, of agricultural, horticultural or floricultural products, and produced (1) for human consumption or for the market, or (2) for the feeding of fowl or livestock produced for human consumption or for the market, or (3) for the feeding of fowl or livestock for the purpose of obtaining their products for human consumption or for the market. “Grower” does not refer to customers who purchase water subject to the Metropolitan Interim Agricultural Water Program or the Water Authority Special Agricultural Rate programs.
J. “Metropolitan” means the Metropolitan Water District of Southern California.
K. “Micro-irrigation systems/equipment” means low-pressure, low-volume methods of water application. These devices include drip emitters, T-tape, microsprayers, a-jets, mini-sprinklers, twirlers, and spaghetti tubing. Pop-up sprinklers are not considered low-volume, low-pressure irrigation systems/equipment.
L. “Person” means any natural person, corporation, public or private entity, public or private association, public or private agency, government agency or institution, school district, college, university, or any other user of water provided by the City of Poway.
M. “Potable water” means water delivered by the City, which meets drinking water standards, or raw water delivered by the San Diego County Water Authority.
N. “Reclaimed water” means water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or controlled use that would not otherwise occur.
O. “Recreational and ornamental lakes and ponds” means bodies of water which are not swimming pools or water storage reservoirs for potable water or irrigation purposes.
P. “Water Authority” means the San Diego County Water Authority.
Q. “Water used for agriculture” means water used to irrigate an agricultural crop or trees. (Ord. 682 § 1, 2008)
8.94.030 Application.
A. The provisions of this chapter apply to any person using any water, other than reclaimed water, provided by the City of Poway.
B. This chapter is intended solely to further the conservation of water. It is not intended to implement any provision of Federal, State, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff.
C. Nothing in this chapter is intended to affect or limit the ability of the City of Poway to declare and respond to an emergency, including an emergency that affects the ability of the City of Poway to supply water.
D. In the event of a local water supply emergency, for reasons that may or may not be related to the San Diego County Water Authority and/or its Drought Management Plan, the City Manager, acting as Director of Emergency Services, may immediately declare the appropriate water shortage response level pursuant to his or her powers under PMC 2.12.060, to be confirmed by the City Council at the earliest practical time.
E. The provisions of this chapter do not apply to use of water from private wells or to reclaimed water.
F. Nothing in this chapter shall apply to use of water that is subject to a special supply program, such as the Metropolitan Interim Agricultural Water Program or the Water Authority Special Agricultural Rate programs. Violations of the conditions of special supply programs are subject to the penalties established under the applicable program. A person using water subject to a special supply program and other water provided by the City of Poway is subject to this chapter in the use of the water that is not subject to the special supply program. (Ord. 682 § 1, 2008)
8.94.040 Water use efficiency measures.
A. No water customer of the City of Poway shall knowingly make, cause, use or permit the use of water from the City for residential, commercial, industrial, agricultural, governmental or any other purpose in a manner contrary to any provision of this chapter, or in an amount in excess of that use permitted by the conservation stages hereinafter designated, which are in effect pursuant to action taken by the City Manager in accordance with the provisions of this chapter.
B. Good water management practices dictate that water be used wisely and not wasted at any time. The following water use efficiency measures apply on a voluntary basis at all times, apply on a mandatory basis during a Water Shortage Level 1 based upon separate action of the City Council; and apply on a mandatory basis automatically during a Water Shortage Level 2, 3, or 4:
1. Do not wash down paved surfaces, including but not limited to sidewalks, driveways, parking lots, tennis courts, or patios, except when necessary to alleviate safety or sanitation hazards.
2. Do not allow water waste from inefficient landscape irrigation, such as runoff, low head drainage, or overspray and do not allow water flows onto nontargeted areas, such as adjacent property, nonirrigated areas, hardscapes, roadways, or structures.
3. Irrigate residential and commercial landscape before 10:00 a.m. and after 6:00 p.m. only.
4. Use only a hand-held hose equipped with a positive shut-off nozzle or bucket to water landscaped areas, including trees and shrubs located on residential and commercial properties that are not irrigated by a landscape irrigation system.
5. Irrigate nursery and commercial grower’s products before 10:00 a.m. and after 6:00 p.m. only. Watering is permitted at any time using a hand-held hose equipped with a positive shut-off nozzle, a bucket, or when a drip/micro-irrigation system/equipment is used. Irrigation of nursery propagation beds is permitted at any time. Water for livestock is permitted at any time.
6. Use only recirculated water to operate ornamental fountains.
7. Wash vehicles only using a bucket and a hand-held hose with positive shut-off nozzle, mobile high pressure/low volume wash system, or at a commercial site that recirculates (reclaims) water on site. Do not wash vehicles during hot conditions when additional water is required due to evaporation.
8. Offer guests in hotels, motels, and other commercial lodging establishments the option of not laundering towels and linens daily.
9. Do not use single-pass cooling equipment in new commercial applications, including, but not limited to, air conditioners, air compressors, vacuum pumps, and ice machines.
10. Use a water recirculation system for commercial conveyor car washes and all new commercial laundry systems.
11. Run only fully loaded dishwashers and washing machines.
12. Repair all water leaks within five days of notification by the City of Poway, unless other arrangements are made with the City Manager.
13. Use recycled or nonpotable water for construction purposes to the fullest extent possible when available. (Ord. 682 § 1, 2008)
8.94.050 Conservation levels.
A. Level 1 – Water Shortage Watch.
1. Activation. A Water Shortage Response Level 1 condition is also referred to as a “Water Shortage Watch” condition. A Level 1 condition applies when the Water Authority notifies its member agencies that, due to drought or other supply reductions, there is a reasonable probability there will be supply shortages and that a consumer demand reduction of up to 10 percent is required in order to ensure that sufficient supplies will be available to meet anticipated demands.
2. Procedure. A Water Shortage Response Level 1 condition may be declared by the City Manager upon a written determination of the existence of facts and circumstances supporting the determination. A copy of the written determination shall be filed with the City Clerk and provided to the City Council. The City Manager shall publish a notice of the determination of the existence of the Water Shortage Response Level 1 condition in one or more newspapers, including a newspaper of general circulation used for publication of official notices. The City of Poway may also post notice of condition on its website.
During a Level 1 Water Shortage Watch condition, the City of Poway will increase its public education and outreach efforts to:
a. Ask customers to voluntarily reduce water use by 10 percent.
b. Inform customers of the water use efficiency measures listed in PMC 8.94.040.
c. Encourage customers to utilize the water conservation incentives and programs offered by the City of Poway and its suppliers.
During a Level 1 Water Shortage Watch condition, the water use efficiency measures identified in PMC 8.94.040 may become mandatory upon separate action of the City Council and are subject to the enforcement provisions identified in Chapters 1.08 and 1.10 PMC, and PMC 8.94.140.
The City Council may declare an end to a water shortage response level by adoption of a resolution at any regular or special meeting held in accordance with State law.
3. Water Use Restrictions. During a Level 1 Water Shortage Watch condition, in addition to the measures listed in PMC 8.94.040, the following measures are applicable on a voluntary basis to increase water use efficiency, unless made mandatory by action of the City Council:
a. Reset irrigation clocks as necessary to water once per week in winter, and not more than three times per week in summer.
b. Add water to maintain the level of water in swimming pools and spas only when necessary (to ensure proper operation of the pool filter). A cover shall be installed on all single-family residential pools and spas.
c. Serve and refill water in restaurants and other food service establishments only upon request.
B. Level 2 – Water Shortage Alert.
1. Activation. A Water Shortage Level 2 condition is also referred to as a “Water Shortage Alert” condition. A Level 2 condition applies when the Water Authority notifies its member agencies that due to cutbacks caused by drought or other reduction in supplies, a consumer demand reduction of up to 20 percent is required in order to have sufficient supplies available to meet anticipated demands.
2. Procedure. The City Manager may declare a Water Shortage Response Level 2 and implement the mandatory Level 2 conservation measures identified in this chapter, with ratification by the City Council by resolution at their next regularly scheduled City Council meeting held in accordance with State law. The mandatory conservation measures applicable to a Water Shortage Response Level 2 condition shall take effect on the tenth day after the date the response level is declared, or upon an identified date thereafter. Within five days following the declaration of the response level, the City shall publish a copy of the resolution in a newspaper of general circulation used for publication of official notices. The City of Poway may also post notice of condition on its website.
The City Council may declare an end to a water shortage response level by adoption of a resolution at any regular or special meeting held in accordance with State law.
3. Water Use Restrictions. During a Level 2 Water Shortage Alert, the water use efficiency measures identified in PMC 8.94.040 and at Level 1 Water Shortage Watch are mandatory for all persons using City of Poway water in addition to the following mandatory conservation measures:
a. Landscape watering shall be conducted only in conformance with landscape watering schedules and restrictions for commercial and residential properties approved by the City Manager. The watering schedule and restrictions may address factors such as how many days during the week, which days of the week, the amount of time per watering station, and other pertinent details. Watering of landscaped areas that are not irrigated by a landscape irrigation system shall be subject to the same watering schedule and restrictions, using a bucket, hand-held hose with positive shut-off nozzle, or low-volume non-spray irrigation.
b. All leaks shall be repaired within 72 hours of notification by the City of Poway, unless other arrangements are made with the City Manager.
c. If the mandatory reduction level is less than 15 percent, ornamental fountains or similar decorative water features shall not be operated for more than six hours per day. If the mandatory reduction level is more than 15 percent, ornamental fountains shall not be operated unless reclaimed water is used.
d. If the mandatory reduction level is less than 15 percent, pool covers shall be encouraged but not required. If the mandatory reduction level is more than 15 percent, pool covers shall be required.
4. Allocation. During a Level 2 Water Shortage Alert, the City of Poway is authorized by action of the City Council to establish a water allocation for property receiving water service from the City of Poway, and to establish a penalty for any person that uses water in excess of their allocation.
5. Rate Structure. During a Water Shortage Response Level 2 condition, in addition to water use restrictions, the City is authorized by action of the City Council to implement a conservation rate structure designed to encourage water conservation. This rate structure may also include penalties to be used during periods of water allocation.
C. Level 3 – Water Shortage Critical.
1. Activation. A Water Shortage Level 3 condition is also referred to as a “Water Shortage Critical” condition. A Level 3 condition applies when the Water Authority notifies its member agencies that due to increasing cutbacks caused by drought or other reduction of supplies, a consumer demand reduction of up to 40 percent is required in order to have sufficient supplies available to meet anticipated demands.
2. Procedure. The City Manager may declare a Water Shortage Response Level 3 and implement the mandatory Level 3 conservation measures identified in this chapter, with ratification by the City Council by resolution at their next regularly scheduled City Council meeting held in accordance with State law. The mandatory conservation measures applicable to a Water Shortage Response Level 3 condition shall take effect on the tenth day after the date the response level is declared, or upon an identified date thereafter. Within five days following the declaration of the response level, the City shall publish a copy of the resolution in a newspaper of general circulation used for publication of official notices. The City of Poway may also post notice of condition on its website.
The City Council may declare an end to a water shortage response level by adoption of a resolution at any regular or special meeting held in accordance with State law.
3. Water Use Restrictions. All persons using City of Poway water shall comply with Level 1 Water Shortage Watch and Level 2 Water Shortage Alert water conservation practices during a Level 3 Water Shortage Critical condition and shall also comply with the following additional mandatory conservation measures:
a. Landscape watering shall be conducted only in conformance with landscape watering schedules and restrictions for commercial and residential properties approved by the City Manager, which may be further restricted from the Level 1 requirements. The watering schedule and restrictions may address factors such as how many days during the week, which days of the week, the amount of time per watering station, and other pertinent details. Watering of landscaped areas that are not irrigated by a landscape irrigation system shall be subject to the same watering schedule and restrictions, using a bucket, hand-held hose with positive shut-off nozzle, or low-volume non-spray irrigation.
b. Vehicles shall not be washed except at commercial carwashes that recirculate water, or by high pressure/low volume wash systems.
c. Emptying and refilling of swimming pools and spas is prohibited unless approved by the City Manager.
d. All leaks shall be repaired within 48 hours of notification by the City of Poway unless other arrangements are made with the City Manager.
4. Upon the declaration of a Water Shortage Response Level 3 condition and by separate action of the City Council, the City of Poway is authorized to mandate that no new potable water service shall be provided, no new temporary meters or permanent meters shall be provided, and no statements of immediate ability to serve or provide potable water service (such as will serve letters, certificates, or letters of availability) shall be issued, unless findings are made that one or more of the following circumstances applies:
a. A valid, unexpired building permit has been issued for the project; or
b. The project is necessary to protect the public’s health, safety, and welfare; or
c. The applicant provides substantial evidence prior to the provision of a new water meter(s) of an enforceable commitment that water demands for the project will be offset to the satisfaction of the City of Poway; or
d. The City may allow new development to utilize conservation offsets and/or water-efficient technology in order to connect to the City’s water system and access the City’s water supply.
This provision shall not be construed to preclude the resetting or turn-on of meters to provide continuation of water service or to restore service that has been interrupted for a period of one year or less.
5. Upon the declaration of a Water Shortage Response Level 3 condition and by separate action of the City Council, the City of Poway is authorized to suspend consideration of annexations to its service area.
6. Allocation. During a Level 3 Water Shortage Alert, the City of Poway is authorized by action of the City Council to establish a water allocation for property receiving water service from the City of Poway, and to establish a penalty for any person that uses water in excess of their allocation.
7. Rate Structure. During a Water Shortage Response Level 3 condition, in addition to water use restrictions, the City is authorized by action of the City Council to implement a conservation rate structure designed to encourage water conservation. This rate structure may also include penalties to be used during periods of water allocation.
D. Level 4 – Water Shortage Response Emergency.
1. Activation. A Water Shortage Level 4 condition is also referred to as a “Water Shortage Emergency” condition. A Level 4 condition applies when the Water Authority Board of Directors declares a water shortage emergency pursuant to California Water Code Section 350 and notifies its member agencies that Level 4 requires a demand reduction of more than 40 percent in order for the City of Poway to have sufficient supplies available to meet anticipated demands.
2. Procedure. The City of Poway shall declare a water shortage emergency in the manner and on the grounds provided in California Water Code Section 350. The mandatory conservation measures applicable to a Water Shortage Response Level 4 condition shall take effect on the tenth day after the date the response level is declared, or upon an identified date thereafter. Within five days following the declaration of the response level, the City shall publish a copy of the resolution in a newspaper of general circulation used for publication of official notices. The City of Poway may also post notice of condition on its website.
The City Council may declare an end to a water shortage response level by adoption of a resolution at any regular or special meeting held in accordance with State law.
3. Water Use Restrictions. All persons using City of Poway water shall comply with conservation measures required during Level 1 Water Shortage Watch, Level 2 Water Shortage Alert, and Level 3 Water Shortage Critical conditions, and shall also comply with the following additional mandatory conservation measures:
a. Do not irrigate landscape, except crops and landscape products of commercial growers and nurseries. This restriction shall not apply to the following categories of use (unless the City of Poway has determined that recycled water is available and may be lawfully applied to the use to the fullest extent possible):
i. Maintenance of trees and shrubs that are watered on the same schedule set forth at Level 3 by using a bucket, hand-held hose with a positive shut-off nozzle, or low-volume non-spray irrigation;
ii. Maintenance of existing landscaping necessary for fire protection as specified by the Poway Fire Marshal;
iii. Maintenance of existing landscaping for erosion control, as determined by the City Manager;
iv. Maintenance of plant materials identified to be rare or essential to the well-being of rare animals, as determined by the City Manager;
v. Maintenance of landscaping within active playing fields, day care centers, and school grounds; provided, that such irrigation does not exceed two days per week according to the schedule established by the City Manager;
vi. Water for livestock; and
vii. Public works projects and actively irrigated environmental mitigation projects.
b. All leaks must be repaired within 24 hours of notification by the City of Poway unless other arrangements are made with the City Manager.
4. Allocation. During a Level 4 Water Shortage Alert, the City of Poway is authorized by action of the City Council to establish a water allocation for property receiving water service from the City of Poway, and to establish a penalty for any person that uses water in excess of their allocation.
5. Rate Structure. During a Water Shortage Response Level 4 condition, in addition to water use restrictions, the City is authorized by action of the City Council to implement a conservation rate structure designed to encourage water conservation. This rate structure may also include penalties to be used during periods of water allocation. (Ord. 696 § 1, 2009; Ord. 682 § 1, 2008)
8.94.060 City-maintained parks, landscaped areas, and facilities.
The provisions of this chapter apply to City-maintained parks, athletic fields, landscaped areas, and facilities, with the exception of the watering schedule restrictions. Aggregate water use for these properties shall be restricted at the same level as required of the City of Poway as a water agency. (Ord. 682 § 1, 2008)
8.94.065 Poway Unified School District-maintained landscaped areas and facilities.
The provisions of this chapter apply to Poway Unified School District-maintained landscaped areas and facilities, with the exception of watering schedule restrictions. Water use shall be restricted at the same level as required of the City of Poway as a water agency. (Ord. 696 § 2, 2009)
8.94.070 Golf courses.
The provisions of this chapter apply to golf courses, with the exception of watering schedule restrictions. Golf course water use shall be restricted at the same level as required of the City of Poway as a water agency, including raw and potable water. (Ord. 682 § 1, 2008)
8.94.080 Commercial growers and nurseries.
The provisions of this chapter apply to commercial growers and nurseries, with the exception of watering schedule restrictions. Water use by commercial growers and nurseries shall be restricted at the same level as required of the City of Poway as a water agency, including raw and potable water. (Ord. 682 § 1, 2008)
8.94.090 Correlation between Drought Management Plan and water shortage response levels.
A. The correlation between the Water Authority’s Drought Management Plan (DMP) stages and the City of Poway’s water shortage response levels identified in this chapter is described herein. Under DMP Stage 1, the City of Poway would implement Water Shortage Response Level 1 actions. Under DMP Stage 2, the City of Poway would implement Water Shortage Response Level 1 or Level 2 actions. Under DMP Stage 3, the City of Poway would implement Water Shortage Response Level 2, Level 3, or Level 4 actions.
B. The water shortage response levels identified in this chapter correspond with the Water Authority DMP as identified in the following table:
|
Water Shortage Response Levels |
Use Restrictions |
Conservation Target |
DMP Stage |
|---|---|---|---|
|
1 – Water Shortage Watch |
Voluntary |
Up to 10% |
Stage 1 or 2 |
|
2 – Water Shortage Alert |
Mandatory |
Up to 20% |
Stage 2 or 3 |
|
3 – Water Shortage Critical |
Mandatory |
Up to 40% |
Stage 3 |
|
4 – Water Shortage Emergency |
Mandatory |
Above 40% |
Stage 3 |
(Ord. 682 § 1, 2008)
8.94.100 New landscaping and postponement of required landscaping.
A. New Landscaping. The City Manager may grant an exemption or a modification to the required watering schedule restrictions to property owners who have installed new low water use landscaping in order to establish the plants.
B. Postponement of Required Landscaping. The City Manager is authorized to direct developers of approved projects to postpone installation of required landscaping plant materials upon written agreement to install said improvements within six months of a change in the designated conservation stage. The developer’s condition of approval to install landscaping shall be deemed satisfied by the execution of an agreement guaranteed by cash deposit, surety bond, letter of credit, or other security form acceptable to the City Attorney and in an amount equal to 150 percent of the installation cost as estimated by the City Manager. (Ord. 682 § 1, 2008)
8.94.110 Hardship variance.
A. If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using agency water or to property upon which agency water is used, that is disproportionate to the impacts to City of Poway water users generally or to similar property or classes of water uses, then the person may apply for a variance to the requirements as provided in this section.
B. The variance may be granted or conditionally granted, only upon a written finding of the existence of facts demonstrating an undue hardship to a person using agency water or to property upon which agency water is used, that is disproportionate to the impacts to City of Poway water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user’s property.
1. Application. Application for a variance shall be on a form prescribed by the City of Poway and shall be accompanied by a nonrefundable processing fee in an amount set by resolution of the Poway City Council.
2. Supporting Documentation. The application shall be accompanied by photographs, maps, drawings, and/or other information, including a written statement of the applicant.
3. Required Findings for Variance. An application for a variance shall be denied unless the approving authority finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property shown by the records of the City of Poway, all of the following:
a. That the variance does not constitute a grant or special privilege inconsistent with the limitations upon other City of Poway water customers.
b. That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property or use that exceeds the impacts to customers generally.
c. That the authorizing of such variance will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the City of Poway to effectuate the purpose of this chapter and will not be detrimental to the public interest.
d. That the condition or situation of the subject property or the intended use of the property for which the variance is sought is not common, recurrent or general in nature.
4. Approval Authority. The City Manager shall exercise approval authority and act upon any completed application no later than 10 days after submittal and may approve, conditionally approve, or deny the variance. The applicant requesting the variance shall be promptly notified in writing of any action taken. Unless specified otherwise at the time a variance is approved, the variance applies to the subject property during the term of the mandatory water shortage response. (Ord. 682 § 1, 2008)
8.94.120 Appeals.
A. An appeal shall be filed in writing with the City Clerk to review any action taken by the City Manager hereunder within 15 days of the date of service or mailing of the written decision made pursuant to PMC 8.94.110. Appeals filed late shall be denied. Appeals shall be conducted using an independent hearing officer, according to the appeal procedure set forth for administrative citations in Chapter 2.20 PMC, except that the deposit required by PMC 2.20.050 shall not be applicable.
B. The appeal shall be granted in whole or in part, or denied, in accordance with the following standards:
1. Protection of the public health, safety and welfare;
2. The existence of special circumstances creating an undue or unreasonable hardship on appellant; provided, that granting of the appeal, in whole or in part, shall not constitute a privilege to the appellant not enjoyed by others in the same circumstances, shall not cause water to be wasted or used in an unreasonable manner, and shall not be contrary to the purpose of this chapter. (Ord. 682 § 1, 2008)
8.94.130 Supersedure.
If any provisions of this chapter are inconsistent with previous actions of the City Council pertaining to plans to respond to drought conditions, the provisions hereof shall supersede such inconsistent provisions. (Ord. 682 § 1, 2008)
8.94.140 Enforcement.
In addition to the penalties set forth in Chapters 1.08 and 1.10 PMC for the violation of a City ordinance, the following penalties shall apply to any person, corporation, or association violating any provision of this chapter:
A. A first violation shall result in a letter of warning accompanied by a copy of this chapter.
B. A second violation shall result in a $100.00 surcharge, which will be added to the water bill.
C. A third violation within a 12-month period shall result in a $200.00 surcharge, which will be added to the water bill.
D. Any subsequent violation occurring within one year of any third violation shall result in a $500.00 surcharge, which will be added to the water bill, and possible installation of a flow restrictor, until the sunset of the ordinance codified in this chapter.
E. Any further violation may result in the water service being turned off.
The City Manager shall determine if and when violations occurred. Any person disagreeing with the notice of violation may appeal in accordance with PMC 8.94.110 and 8.94.120 hereafter by written notice received by the City Clerk within 15 days of the date of notice of violation. Any notice of violation not timely appealed shall be final. Pending any appeal provided for herein, the City Manager may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violation and the current declared water condition.
Any surcharge hereunder shall be in addition to the basic water rates or other charges of the City for the account, shall appear on and be payable with the first billing statement for the period during which the violation occurred, and be subject to the same remedies that are imposed by the City for the failure to pay other charges.
In addition to any surcharges mentioned above, all costs for installing or removing any flow restrictor devices and/or any charges to discontinue or restore service shall be the sole cost of the customer whose service is affected and shall be paid promptly upon being billed. (Ord. 682 § 1, 2008)