Chapter 13.11
MUNICIPAL WATER SYSTEM WATER CONSERVATION PROGRAM
Sections:
13.11.016 Conservation regulations.
13.11.018 Enforcement and administration.
13.11.020 Violations and notices.
13.11.022 Nuisances, abatement, and injunctive relief.
13.11.026 Authority to inspect.
13.11.028 Fees and penalties to be deposited in the water utility fund.
13.11.010 Purpose.
The purpose of this chapter is to establish standards and procedures consistent with Regulation XV, “Expanded Water Conservation and Standby Rationing Plan,” as adopted by the Monterey Peninsula Water Management District, herein referred to as the “MPWMD,” to reduce or eliminate the waste of water in the municipal water system and to respond to present and potential water shortages. In support of water conservation, this chapter:
A. Specifies conservation measures to be implemented in three stages, with requirements consistent with Regulation XV, “Expanded Water Conservation and Standby Rationing Plan,” stages 1 through 3 as specified in MPWMD’s Rules 161 through 163.
B. Adopts by reference stages 4 through 7 of Regulation XV, “Expanded Water Conservation and Standby Rationing Plan.”
C. As applicable to the requirements of this chapter, adopts by reference the following MPWMD Rules:
Rule 11: Definitions;
Rule 160: General Provisions;
Rule 161: Stage 1 Water Conservation;
Rule 162: Stage 2 Water Conservation;
Rule 163: Stage 3 Water Conservation;
Rule 164: Stage 4 Water Rationing;
Rule 165: Stage 5 Water Rationing;
Rule 166: Stage 6 Water Rationing;
Rule 167: Stage 7 Water Rationing;
Rule 168: Water Banks;
Rule 169: Water Rationing Variance;
Rule 170: Water Use Survey;
Rule 171: Water Waste and Non-Essential Water Use Enforcement;
Rule 172: Landscape Water Audits;
Rule 173: Regulation of Mobile Water Distribution Systems;
Rule 174: Regulation of Well Owners or Operators and Extractors;
Rule 175: Water Rationing Enforcement. (Ord. 976 § 2 (Exh. A), 2009)
13.11.012 Application.
A. This chapter shall apply within the municipal water system and compliance with the provisions of this chapter shall be a condition of water service within the municipal water system.
B. The city of Seaside shall work cooperatively with the Monterey Peninsula Water Management District and the county of Monterey to facilitate the adoption of ordinances and regulations to conserve water, including inspection of installations made pursuant to this chapter.
C. Notice of Exemption. The city council is authorized and directed to give due notice of exemption of this chapter from the provisions of CEQA, pursuant to Title 14, California Code of Regulations, Sections 15061(3)(b) and 15062.
D. All references to standard specifications contained in this chapter shall refer to the latest versions of the City of Seaside Standard Plans and Specifications. (Ord. 976 § 2 (Exh. A), 2009)
13.11.014 Definitions.
The terms used in the chapter shall have the following meanings:
A. Definitions previously stated within this title apply (SMC 13.10.010).
B. Refer to most current MPWMD Rule 11 for definitions contained within this chapter.
C. Water Conservation. See SMC 13.11.016(A), (B) and (C).
D. Water Waste. See MPWMD Rule 11 for a complete definition. Shall mean the indiscriminate, unreasonable, or excessive running or dissipation of water.
E. Nonessential Water Use. See MPWMD Rule 11 for a complete definition. Shall mean the indiscriminate or excessive dissipation of water which is unproductive, or does not reasonably sustain life or economic benefits.
F. Water Rationing. See MPWMD Rule 11. Shall mean a specific amount of water available to each water user during MPWMD Rules 165 through 167.
G. Landscape Water Audit. See MPWMD Rule 11. Shall mean an action taken by a landscape irrigation auditor certified by the Irrigation Association to determine seasonable outdoor water use. Refer to MPWMD Rule 172 for application of definition.
H. Water User. See MPWMD Rule 11. Shall mean users of water for domestic or other uses from Seaside municipal water system.
I. User. See MPWMD Rule 11. Shall mean a customer or consumer of water delivered by a water distribution system. Does not include any owner or operator of a water distribution system.
J. Wherever the MPWMD rules state “general manager,” it shall have the meaning “city engineer” of the city of Seaside.
K. Wherever the MPWMD rules state “enforcement officer,” it shall mean an employee or agent of the city of Seaside with the authority to enforce any provision of the city code.
L. Wherever the MPWMD Rules 161 through 163 state “California-American Water,” it shall mean Seaside municipal water system.
M. Interpretation. Words and phrases used in this chapter shall be read conjunctively with and shall have the same meaning as in prior municipal ordinances and code, unless specifically changed by this chapter or unless the context requires some other construction. If there is any inconsistency between this chapter and prior provisions, this chapter shall control. (Ord. 976 § 2 (Exh. A), 2009)
13.11.016 Conservation regulations.
A. Stage 1 Water Conservation. Stage 1 water conservation shall be enforced in the municipal water system in conjunction with a stage 1 water conservation declaration by the MPWMD. Conservation requirements include:
1. All water users within the municipal water system shall comply with the MPWMD’s “water waste” and “non-essential water use” prohibitions.
2. The municipal water system shall obtain and maintain water user survey information for its water users in compliance with MPWMD Rule 170.
3. All nonresidential new structures receiving a water permit after October 1, 2008, that include irrigated areas beyond ten feet of any building shall utilize a separate water meter to measure all exterior water uses.
4. All new structures receiving a water permit after October 1, 2008, shall have separate water meters for fire suppression systems.
5. The municipal water system, in coordination with the district, shall conduct landscape water audits and establish landscape water budgets for all water users subject to MPWMD Rule 172. Annually, at the beginning of the water year, the municipal water system will review its records to verify that all water users required by MPWMD Rule 172 to have a landscape water budget have met the requirement. Property owners/account holders that have not met this requirement shall be notified of this requirement within thirty days.
B. Stage 2 Water Conservation. Stage 2 water conservation shall be enforced in the municipal water system in conjunction with a stage 2 water conservation declaration when required by MPWMD Rule 162. Conservation requirements include:
1. Stage 1 Requirements Continue. Requirements imposed by subsection A of this section shall remain in force. Requirements may be modified or superseded by actions taken in future stages of the MPWMD’s expanded water conservation and standby rationing plan.
2. Implementation of Landscape Water Budgets. All water users required to obtain a landscape water budget under MPWMD Rule 172 are required to manage outdoor irrigation within the landscape water budget assigned to the property.
3. Water Waste. Water use in excess of the established landscape water budget shall be considered water waste.
4. Notice. Municipal water system shall provide an annual reminder notice to municipal water system users with landscape water budgets to report modifications in landscaping which could alter an existing budget.
5. Without further action of the city council, the provisions of stage 2 water conservation shall be rescinded and revert to stage 1 water conservation as required by MPWMD Rule 162(G).
C. Stage 3 Water Conservation. Stage 3 water conservation shall be enforced in the municipal water system in conjunction with stage 3 water conservation declaration when required by MPWMD Rule 163. Stage 3 conservation requirements include:
1. Emergency Rate Notice. City of Seaside shall notify municipal water system users that emergency rates will be imposed upon the effective date of stage 3 water conservation.
2. Stage 1 and 2 Requirements Continue. Requirements imposed by subsections A and B of this section shall remain in force. Requirements may be modified or superseded by actions taken in future stages of the expanded water conservation and standby rationing plan.
3. Conservation Notice. City of Seaside shall provide notice of mandatory water conservation with each bill.
4. Seaside Municipal Water System Emergency Rates. City of Seaside shall implement emergency rate schedule to respond to stage 3 water reduction. Emergency rates shall be increased for each user class as follows:
a. Tiers 1 and 2 remain unchanged;
b. Tier 3 rates shall by increased by one hundred fifty percent;
c. Tier 4 rates shall be increased by two hundred percent;
d. Tier 5 rates shall be increased by three hundred percent;
e. Tier 6 rates shall be increased by four hundred percent.
5. Without further action by the city council, the provisions of stage 3 water conservation shall be rescinded and water users shall revert to stage 1 water conservation when required by MPWMD Rule 163(G). (Ord. 976 § 2 (Exh. A), 2009)
13.11.018 Enforcement and administration.
The city engineer and all officers and employees of the city of Seaside, including all ex officio officers and employees, shall enforce all the provisions of this chapter. The city engineer shall implement and administer this chapter. (Ord. 976 § 2 (Exh. A), 2009)
13.11.020 Violations and notices.
A. For violations of water waste or nonessential water use, see MPWMD Rule 171.
B. For violations of water rationing, see MPWMD Rule 175.
C. For all other violations of this chapter, the following apply:
D. Written Notice. If any person fails or refuses to comply with this chapter, the city engineer or his/her agent shall provide that person with written notice of the violation and an opportunity to correct the noncompliance. The written notice shall:
1. Be posted or presented at the site of the noncompliance;
2. State the time, date, and place of violation;
3. State a general description of the violation;
4. State the means to correct the violation;
5. State a date by which correction is required; and
6. State the possible consequences of failing to correct the violation.
7. A copy of the written notice shall be mailed to the address of the violation, to the party who is billed for the water, or to the owner of the property, as appropriate.
E. Administrative Fees. Each person who receives a written notice of violation shall pay to the city of Seaside an administrative fee of twenty-five dollars for the first notice and fifty dollars for each subsequent notice. To encourage cooperative water conservation, the city engineer may waive payment of the administrative fee for the first or second notice.
F. Penalties. If a person fails to correct the violation within the time specified in the written notice, the city engineer shall:
1. Follow the procedures as outlined in MPWMD Rule 175 if applicable;
2. May refuse to initiate water service to the site of the violation, if water service has not yet begun or has been discontinued;
3. May terminate water service to the site of the violation, in accordance with the municipal ordinances and procedures for terminating water service;
4. May install a flow restrictor to limit the rate of water consumption. The city of Seaside shall charge the customer for the amount expended to install and/or remove a flow restrictor;
5. May impose a use fee of four times the regular water rate for each user class and tier for each hundred cubic feet (ccf) of water consumed. (Ord. 976 § 2 (Exh. A), 2009)
13.11.022 Nuisances, abatement, and injunctive relief.
A. Any violation of this chapter is declared to be a public nuisance.
B. The city of Seaside may summarily abate the public nuisance and the city of Seaside’s attorney may, upon order of the city council, bring civil suit or other action to enjoin or abate the nuisance.
C. In a civil proceeding brought to abate a nuisance or to obtain injunctive relief under this chapter, any person who creates or maintains a public nuisance in violation of this chapter shall be liable for the costs of abatement, including but not limited to the following:
1. Costs of investigation;
2. Costs of labor and parts to repair any affected water system or premises to bring such water system or premises into compliance with this chapter, or to install facilities necessary to assure compliance with this chapter;
3. Court costs;
4. Attorneys’ fees and costs, including the fees and costs of experts employed by the attorney; and
5. Costs of monitoring compliance.
D. If any person causes, suffers, or permits a public nuisance to continue after written notice is given to such person by the city of Seaside directing such person to cease the nuisance, and such continuation goes beyond the time set for abatement in the notice, then such person shall be liable to the city of Seaside for the following:
1. The costs of abatement set forth above;
2. Any other costs of enforcement imposed by the court; and
3. A civil penalty of fifty percent of those costs (subsections (D)(1) and (2) of this section), payable to the city of Seaside.
E. Existing Charges. Existing fees and charges in effect when this chapter is adopted shall remain in effect unless specifically changed by this chapter. (Ord. 976 § 2 (Exh. A), 2009)
13.11.024 Severability.
The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter. (Ord. 976 § 2 (Exh. A), 2009)
13.11.026 Authority to inspect.
Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the city engineer has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter, the city engineer may enter such premises at all reasonable times to inspect the same and to inspect and copy records related to water compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the city is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. (Ord. 976 § 2 (Exh. A), 2009)
13.11.028 Fees and penalties to be deposited in the water utility fund.
Any administrative fees and civil penalties collected by the city as a result of violations of this chapter shall be deposited in the water utility fund. (Ord. 976 § 2 (Exh. A), 2009)