Chapter 16.01
UPDATED WATER SHORTAGE CONTINGENCY PLAN IMPLEMENTATION
Sections:
16.01.020 Declaration of water shortage.
16.01.030 Application of regulations.
16.01.040 Precedence of regulations.
16.01.055 Water department customer classifications.
16.01.060 Water waste prohibitions.
16.01.070 Water shortage contingency plan (WSCP).
16.01.080 Public notification of WSCP implementation.
16.01.100 Water shortage appeals.
16.01.110 Administrative enforcement.
16.01.120 Additional enforcement authority.
16.01.010 FINDINGS.
Whereas, the city of Santa Cruz water system draws almost exclusively on local surface water sources, whose yield varies from year to year depending on the amount of rainfall received and runoff generated during the winter season; and
Whereas, the city water system has limited storage for dry season use making it susceptible to water shortages in dry and critically dry years or in periods of prolonged regional drought when water conditions characterized by low surface flows in the north coast streams and San Lorenzo River sources, depleted storage in Newell Creek Reservoir, or both, reduce the available supply to a level that cannot support seasonal water demand; and
Whereas, the city council of the city of Santa Cruz has adopted an updated interim water shortage contingency plan (WSCP) that describes how the city will respond to future water shortages and lists the various actions the city would take to reduce water demand under different water shortage scenarios ranging from ten percent up to and including a greater than fifty percent seasonal water supply deficiency; and
Whereas, California Water Code Sections 350 et seq. authorize water suppliers, after holding a properly noticed public hearing and after making certain findings, to declare a water shortage (emergency) and to adopt such regulations and restrictions to conserve the water supply for the greatest public benefit with particular regard for domestic use, sanitation, and fire protection; and
Whereas, this WSCP is based on a system of usage allotments for all customer classes. The method of water restriction set forth herein provides an effective and immediately available means of curtailing water use, which is essential during periods of water shortage to ensure a reliable and sustainable minimum supply of water for the public health, safety, and welfare and to preserve valuable limited reservoir storage, avoid depleting water storage to an unacceptably low level, and thereby lessen the possibility of experiencing more critical shortages if dry conditions continue or worsen; and
Whereas, the usage allotments hereinafter established will equitably spread the burden of restricted and prohibited usage in a manner prescribed by the city’s water shortage contingency plan over all city water department customers and other consumers of city water; and
Whereas, the purposes of this chapter are to conserve the water supply of the city of Santa Cruz for the greatest public benefit, to mitigate the effects of a water supply shortage on public health and safety and economic activity, and to budget water use so that a reliable and sustainable minimum supply of water will be available for the most essential purposes for the entire duration of the water shortage.
(Ord. 2021-09 § 2, 2021).
16.01.020 DECLARATION OF WATER SHORTAGE.
The provisions of this chapter shall take effect whenever the director, upon analysis of city water supplies, finds and determines that a water shortage exists or is imminent within the city of Santa Cruz water service area and a declaration of a water shortage is made by a resolution of the city council, and they shall remain in effect for the duration of the peak season through October 31st, unless rescinded earlier or extended by city council.
Whenever this chapter references the director’s issuance or declaration of an alert, warning, emergency, or regulation, said alert, warning, emergency or regulation shall be put into effect by the placement of a legal advertisement in a newspaper of general circulation, by a posting on the city’s internet website and by a posting in the following public places: Santa Cruz City Hall, 809 Center Street, Santa Cruz; Santa Cruz Water Department Office, 212 Locust Street, Santa Cruz; Capitola City Hall, 420 Capitola Avenue, Capitola; and the Santa Cruz County Governmental Center, 701 Ocean Street, Santa Cruz. Any such alert, warning, emergency or regulation shall take effect upon the date of its publication in the Santa Cruz Sentinel.
With the exception of a newspaper legal advertisement, the same procedures shall apply when the alert, warning, emergency or regulation period has been terminated.
(Ord. 2021-09 § 2, 2021).
16.01.030 APPLICATION OF REGULATIONS.
The provisions of this chapter shall apply to all persons using or consuming water within the Santa Cruz water department’s water service area, and regardless of whether any person using water shall have an account for water service with the city.
(Ord. 2021-09 § 2, 2021).
16.01.040 PRECEDENCE OF REGULATIONS.
Where other provisions of the municipal code, whether enacted prior or subsequent to this chapter, are inconsistent with the provisions of this chapter, the provisions of this chapter shall supersede and control for the duration of the water shortage set forth in the resolution of the city council.
(Ord. 2021-09 § 2, 2021).
16.01.050 DEFINITIONS.
(a) “Director” refers to the director of the city of Santa Cruz water department.
(b) “Water” refers to water produced and served by the city of Santa Cruz water department.
(c) “City” refers to the city of Santa Cruz.
(d) “Water department” refers to the city of Santa Cruz water department.
(e) “Seasonal water demand” refers to the demand, measured in gallons, placed by customers on the city water supply between May 1st and October 31st each calendar year.
(f) “Water service area” refers to the area within which the Santa Cruz water department is the designated water provider, as it may change over time.
(g) “Water shortage contingency plan” refers to the plan developed by the water department and approved by the city council, as updated from time to time, and that complies with the requirements of California Water Code (CWC) Section 10632 requiring that every urban water supplier prepare and adopt a WSCP as part of its urban water management plan, and that has been adopted in a manner that complies with the requirements of the Urban Water Management Act commencing at Section 10610 of the California Water Code.
(h) “Customer” shall refer to any person or entity holding an account for water service with the city of Santa Cruz water department as well as to any consumer or user of city water who may not be a city of Santa Cruz water department account holder.
(i) “Independent hearing officer” refers to a person appointed by the city to preside at administrative hearings pursuant to Title 4 of this code.
(Ord. 2021-09 § 2, 2021).
16.01.055 WATER DEPARTMENT CUSTOMER CLASSIFICATIONS.
For determining a water department customer’s water allocation during a declared water shortage under this chapter and for all other purposes under this title, the following customer classification definitions shall apply based on the customer’s ownership or occupation of the following types of property served by the water department:
(a) 1. Single-Family Residential. Individually metered residential dwelling units (regardless of housing type) including attached or multiple residential buildings in which each unit is separately metered by a city-owned meter. This classification shall apply whether or not the residential dwelling unit is being put to a use other than, or in addition to, residential use, and whether or not the residential use is permanent or transient in nature including use as a vacation rental unit. A residential dwelling unit is considered an occupant’s permanent residence when, on average, the occupant resides in the unit for at least twenty-one days within each monthly water service period.
2. Multiple-Family Residential. Any residential account with more than one residential dwelling unit served by one water meter. This classification shall apply whether or not the residential dwelling units are being put to a use other than, or in addition to, residential use and whether or not the residential use is permanent or transient in nature including use as a vacation rental unit. A residential dwelling unit is considered an occupant’s permanent residence when, on average, the occupant resides in the unit for at least twenty-one days within each monthly water service period.
3. Business/Industry. Commercial establishments including restaurants, hotel/motel, retail, medical, schools, offices, churches and mixed-use buildings as defined by an established water department administrative policy order. This category also includes industrial customers including manufacturing and biotechnology. This category also includes county and state government accounts.
4. UCSC. This category is comprised of one primary customer, the University of California, Santa Cruz.
5. Municipal. This category is comprised of city-owned and operated facilities such as city offices, parks, police and fire stations, water and wastewater treatment plants, street medians, and parking lots.
6. Irrigation. Dedicated water services for landscape irrigation associated with large multiple residential complexes and homeowners associations, or with commercial, industrial, and institutional sites, including schools, churches, and parks.
7. Golf Irrigation. Accounts serving the two golf courses in the water service area.
8. Coast Irrigation. Agricultural accounts receiving untreated water on the north coast.
9. Miscellaneous. Other uses such as temporary construction accounts, hydrant meters, and bulk water sales.
(b) Residency. For the purpose of determining residential water rationing allotments under all stages of shortage, allotments shall be set based on the number of a household’s permanent residents, with a minimum allocation based on three people per household. A permanent resident is an occupant who resides in the subject residential dwelling unit, on average, for at least twenty-one days within each monthly water service period.
(Ord. 2021-09 § 2, 2021).
16.01.060 WATER WASTE PROHIBITIONS.
It shall be unlawful during any water shortage stage for any person, firm, partnership, association, corporation, political entity (including the city) or any other water department customer to use water for any of the following:
(a) Fire Hydrants. Use of water from any fire hydrant unless specifically authorized by permit from the city, except by regularly constituted fire protection agencies for fire suppression purposes, or for other authorized uses, including distribution system flushing, fire flow testing, and filling of approved vehicles for sewer system flushing, storm drain maintenance, and street sweeping purposes.
(b) Watering/Irrigation. The watering of grass, lawn, groundcover, shrubbery, open ground, crops and trees, including agricultural irrigation, in a manner or to an extent that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, gutter or ditch.
(c) Plumbing Leaks. The escape of water through leaks, breaks, or other malfunctions within the water user’s household plumbing or irrigation system for any period of time after such break or leak should have reasonably been discovered and corrected. It shall be presumed that a period of twenty-four hours after the water user discovers such break, leak or malfunction, or receives notice from the city of such condition, whichever occurs first, is a reasonable time within which to initiate the process of repairing the leak.
(d) Washing of Exterior Surfaces. The washing of sidewalks, walkways, driveways, parking lots, patios, or other exterior surfaces unless the hose is equipped with an automatic shutoff nozzle. Power washing of sidewalks or other outdoor surfaces for health and safety reasons is not considered a violation of this provision.
(e) Cleaning of Structures and Vehicles. The cleaning of building exteriors, mobile homes, cars, boats, and recreational vehicles unless the hose is equipped with an automatic shutoff nozzle.
(f) Fountains and Decorative Water Features. The operation of a water fountain or other decorative water feature that does not use re-circulated water.
(g) Commercial Car Washes. The washing of vehicles at a commercial car wash unless the facility utilizes water recycling equipment, or operates on a timer for a limited time period and shuts off automatically at the expiration of the time period.
(h) Construction. The use of potable water for dust control or soil compaction purposes in construction activities where there is a reasonably available source of reclaimed water appropriate for such use.
(i) The indiscriminate running of water or washing with water, not otherwise prohibited in this section which is wasteful and without reasonable purpose.
(Ord. 2021-09 § 2, 2021).
16.01.070 WATER SHORTAGE CONTINGENCY PLAN (WSCP).
The council-adopted WSCP is the guide for the water department’s actions during water shortage conditions. The plan provides the detailed descriptions of the actions and procedures to be used to address varying degrees of water shortages. In addition to the actions to be taken and the procedures to be followed in responding to a water shortage emergency, the WSCP describes the methodology used to develop the allocation system for each customer class. The WSCP referenced in this code, as it is formally amended from time to time, presents the necessary details about the allocations to be implemented at each stage of the plan.
Certain elements of the WSCP are required by the CWC, including response actions that align with six standard water shortage levels based on water supply conditions. The shortage levels range in magnitude from a ten percent shortage to fifty percent shortage and a final stage of greater than fifty percent shortage.
The selected approach used for demand reduction at each stage of shortage is decreasing customer allocations (rationing). At Stage 1, the allocations will be advisory, meaning that allocations are set for each customer but excess use penalties will not apply for usage over allocation. However, at all other stages beginning with Stage 2, excess use penalties will apply to customer bills for usage over allotment.
(Ord. 2021-09 § 2, 2021).
16.01.080 PUBLIC NOTIFICATION OF WSCP IMPLEMENTATION.
Ample notification to customers to make them aware of their unique customer account allocation will occur once a shortage stage has been declared by city council. Notification may take the form of press releases, bill inserts, web page announcements or a combination of these methods.
Once a shortage stage has been declared and notice provided to customers, customer resources in the form of web pages and other non-online resources will be available to provide additional detail to customers about how the allocation system works and how best to conserve water to stay within one’s allocation.
(Ord. 2021-09 § 2, 2021).
16.01.090 EXCEPTIONS.
(a) The director, upon application made in writing by a customer on a form promulgated by the water department and accompanied by supporting documentation, shall be authorized to issue an exception from the strict application of any restriction, regulation or prohibition enforced pursuant to this chapter, upon the customer’s production of substantial evidence demonstrating the existence of one or more of the following circumstances that are particular to that customer and which are not generally shared by other water department customers:
1. Exceptions Applicable to All Water Department Customers.
A. Failure to approve the requested exception would cause a condition having an adverse effect on the health, sanitation, fire protection, or safety of the customer or members of the public served by the customer;
B. Circumstances concerning the customer’s property or business have changed since the implementation of the subject restriction warranting a change in the customer’s water usage allocation.
2. Exceptions Applicable Only to Water Department Nonresidential Customers. For purposes of this subsection a residential dwelling unit which is used as a vacation rental shall not be classified as a business.
A. A hospital or other health care facility will be automatically be exempted from the water allocation system. Health care facilities are defined as any facilities that fall under the North American Industry Classification System (NAICS) sector 62.
(Ord. 2021-09 § 2, 2021).
16.01.100 WATER SHORTAGE APPEALS.
(a) A water shortage appeal procedure is hereby established which shall apply upon the director’s issuance of any water shortage declaration and the implementation of water shortage restrictions pursuant any stage in the WSCP. Thereafter during the declared water shortage, independent hearing officers shall be appointed to hear and rule upon water shortage appeals filed in accordance with this section.
(b) Any customer who considers an action taken by the director or an enforcement official under the provisions of this chapter, including actions on exception applications and the assessment of administrative penalties, to have been erroneously taken or issued may appeal that action or penalty in the following manner:
1. The appeal shall be made in writing, shall state the nature of the appeal specifying the action or penalty that is being appealed and the basis upon which the action or penalty is alleged to be in error. Penalty appeals shall include a copy of the notice of violation;
2. An appeal, to be effective, must be received by the director not later than ten business days following the date of the notice of violation or the date that the director took the action which is the subject of the appeal;
A. A water service customer who is not an account holder may notify the water department of his or her intention to file a petition to force the account holder to appeal an excess water use penalty within ten business days following the penalty;
B. If the water department has been given a notice of intention to file a petition per subsection (b)(2)(A) by a water service area customer who is not an account holder, the appeal from the account holder must be received within fifteen business days after the account holder has been petitioned by the customer;
3. The director shall schedule the appeal for consideration by an independent hearing officer. The independent hearing officer shall hear the appeal within ninety days of the date of the appeal and issue its decision within thirty days of the date of the hearing;
4. The decision of the independent hearing officer shall be final. In ruling on appeals, the independent hearing officer shall strictly apply the provisions of this chapter, and shall not impose or grant terms and conditions not authorized by this chapter.
(Ord. 2021-09 § 2, 2021).
16.01.110 ADMINISTRATIVE ENFORCEMENT.
(a) Any person, firm, partnership, association, corporation, political entity or other water department customer violating any provision of this chapter may be assessed an administrative penalty.
(b) Each and every day a violation of this chapter exists constitutes a separate and distinct offense for which an administrative penalty may be assessed.
(c) Penalties. The purpose of the administrative penalties assessed pursuant to this section is to assure future chapter compliance by the cited customer through the imposition of increasingly significant penalties so as to create a meaningful disincentive to commit future chapter violations. In acknowledgment of the fact that the city’s water is a scarce and irreplaceable commodity and that this chapter is intended to equitably distribute that commodity among water department customers and to assure that, to the extent feasible, city water is conserved and used only for purposes deemed necessary for public health and safety, the penalty schedule herein prescribed is not to be construed as creating a “water pricing” structure pursuant to which customers may elect to pay for additional water at significantly higher rates. To this end, a customer’s repeated violation of this chapter shall result in either the installation of a flow restriction device or disconnection of the customer’s property from the city’s water service system at the customer’s cost.
(d) Administrative penalties for failure to comply with water waste prohibition requirements in Section 16.01.060 are as follows:
1. First Offense. Written notice of violation and opportunity to correct violation.
2. Second Offense. A second violation within the preceding twelve calendar months is punishable by a fine not to exceed one hundred dollars.
3. Third Offense. A third violation within the preceding twelve calendar months is punishable by a fine not to exceed two hundred fifty dollars.
4. Fourth Offense. A fourth violation within the preceding twelve calendar months is punishable by a fine not to exceed five hundred dollars. In addition to any fines, the director may order a water flow restrictor device be installed.
5. Large Customers. Administrative penalties for customers that use an average of one thousand three hundred thirty-seven billing units (one million gallons) or more per calendar year shall be triple the amounts listed above.
6. Discontinuing Service. In addition to any fines and the installation of a water flow restrictor, the director may disconnect a customer’s water service for willful violations of mandatory restrictions and regulations in this chapter. Upon disconnection of water service, a written notice shall be served upon the customer which shall state the time, place, and general description of the prohibited or restricted activity and the method by which reconnection can be made.
(e) Excessive Water Use Penalties. An excessive use penalty shall be assessed where the customer, during any given billing cycle, uses more than the customer’s water allotment per the director’s water rationing regulations issued pursuant to this chapter commencing with Stage 2 in the WSCP. Excess use penalties shall be in addition to ordinary water consumption charges, as follows:
1. One percent to ten percent over customer rationing allotment: not to exceed twenty-five dollars/CCF.
2. More than ten percent over customer rationing allotment: not to exceed fifty dollars/CCF.
3. In addition to any excess use penalties, the director may order a water flow restrictor device be installed and/or may disconnect a customer’s water service for willful violations of the water rationing regulations in this chapter. Upon disconnection of water service, a written notice shall be served upon the customer which shall state the time, place, and general description of the prohibited or restricted activity and the method by which reconnection can be made.
4. The director is authorized to develop administrative policies and procedures for the waiver of excessive water use penalties.
(f) Cost of Flow Restrictor and Disconnecting Service. A person or entity that violates this chapter is responsible for payment of charges for installing and/or removing any flow-restricting device and for disconnecting and/or reconnecting service in accordance with the city’s miscellaneous water service fee resolution then in effect. The charge for installing and/or removing any flow restricting device must be paid before the device is removed. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.
(g) Notice and Hearing. The director will issue a notice of violation by mail or personal delivery at least ten business days before taking any enforcement action described in subsection (d). Such notice must describe the violation and the date by which corrective action must be taken. A customer may appeal the notice of violation by filing a written notice of appeal with the city no later than the close of the business day before the date scheduled for enforcement action, accompanied by a twenty-five-dollar appeal fee. Any notice of violation not timely appealed will be final. Upon receipt of a timely appeal, a hearing on the appeal will be scheduled, and the city will mail written notice of the hearing date to the customer at least ten days before the date of the hearing. Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the director 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 shortage condition.
(Ord. 2021-09 § 2, 2021).
16.01.120 ADDITIONAL ENFORCEMENT AUTHORITY.
In addition to the remedies referenced above, the director is empowered to pursue any additional remedies necessary, including criminal, civil and administrative remedies listed in Title 4 of the Santa Cruz Municipal Code, to correct a violation of this chapter.
(Ord. 2021-09 § 2, 2021).
* Code reviser’s note: Ord. 2021-09 adds this section as 16.01.110. It has been editorially renumbered to avoid duplication of numbering.,
16.01.180 SEVERABILITY.
If any portion of this chapter is held to be unconstitutional, it is the intent of the city council that such portion of the chapter be severable from the remainder and that the remainder be given full force and effect.
(Ord. 2021-09 § 2, 2021).