Chapter 13.18
RESIDENTIAL AND COMMERCIAL WATER CONSERVATION MEASURES
Sections:
13.18.030 Requirements for new construction.
13.18.040 Existing hotels and motels.
13.18.050 Requirements upon change of ownership or use.
13.18.060 Requirements upon expansion of use.
13.18.080 Responsibility of transferor.
13.18.090 Notice of violation recordation.
13.18.100 Discretionary exemptions.
13.18.140 Civil enforcement against nuisance.
13.18.150 Cost of enforcement.
13.18.160 Remedies cumulative.
13.18.010 Purpose.
It is the purpose and intent of this chapter to adopt a companion ordinance to that ordinance (No. 30) adopted by the Monterey Peninsula Water Management District, establishing water conservation standards in all areas of the district, including the city. In order to reduce the excessive use of water within the city, this chapter:
A. Requires the installation of low water-use plumbing fixtures, and low water-use landscape material as part of new construction, as defined herein; and
B. Requires the installation of low water-use plumbing fixtures in existing hotels and motels; and
C. Requires the retrofitting of plumbing fixtures in all existing residential buildings at the time of change of ownership or physical expansion, or, in the case of commercial property, at the time of change of ownership, or change or expansion of use. (Ord. 725 § 1, 1987)
13.18.020 Definitions.
“Bubblers” means any landscape irrigation system that disperses water, in a bubbling fashion as opposed to a spray fashion.
“Change of ownership” means a transfer of a present interest in real property, and a transfer of the right to beneficial use thereof, the value of which is substantially equal to the proportion of the ownership interest transferred. Every transfer of property shall qualify as a “change of ownership,” except transfers of title from one spouse to another, or from parent to child, whether the transfer is voluntary, involuntary, by operation of law, by grant, gift, devise, inheritance, trust, contract of sale, addition or deletion of an owner, property settlement, or any other means. “Change of ownership” effected other than by a contract of sale shall be deemed to occur at the time of actual transfer of title. A “change of ownership” resulting from a contract of sale or similar instrument shall be so regarded only if escrow is opened or a contract of sale is executed, whichever occurs last, on or after the effective date of the ordinance codified in this chapter.
“Change of use” means, in the case of commercial, industrial or public authority structures, a change in the use to which the structure was previously devoted, to a substantially different use.
“Drip irrigation system” means any landscape irrigation system that disperses water in a controlled fashion to the extent necessary to provide sufficient water to sustain the growth of specific vegetation.
“Existing residential building” means any structure built and intended primarily for the shelter, or housing, of any person.
“Low precipitation sprinkler heads” means any landscape sprinkler head that disperses less than three-quarters inch of water per hour at any pipe pressure.
“Low water-use landscape material” means any California native or other plants that are identified on the plant list provided by the city entitled “A Drought-Tolerant Plant List for the Monterey Peninsula.”
“Low water-use plumbing fixtures” means any toilet using a maximum of one and one-half gallons per flush, and shower heads designed to emit a maximum of two and one-half gallons per minute of water.
“New construction” means any construction of a previously nonexistent structure requiring a discretionary or ministerial permit issued after the effective date of the ordinance codified in this chapter. “New construction” includes additions, modifications, or improvements to existing structures not physically separated from the structure added or improved upon. (Ord. 725 § 1, 1987)
13.18.030 Requirements for new construction.
A. All new construction, as defined herein, shall be exclusively equipped with low water-use plumbing fixtures as defined by this chapter, and shall further use faucet aerators with a maximum flow rate of two and one-half gallons per minute wherever practicable. These fixtures shall be installed and maintained, and shall not be replaced with fixtures which allow greater water use.
B. All new construction, where landscape approval is required by the BAR, shall include as part of the exterior landscape development, low water-use or native plant material, and low precipitation sprinkler heads, bubblers, and/or drip irrigation systems and timing devices. Before any permit may be issued for such new construction, the applicant shall submit a landscape plan for review and approval by the board of architectural review in conformity with this chapter and landscaping guidelines adopted by the BAR. (Ord. 725 § 1, 1987)
13.18.040 Existing hotels and motels.
All existing hotels and motels, within six months following the effective date of the ordinance codified in this chapter, shall retrofit all plumbing fixtures which are installed, but which do not meet low water-use plumbing fixture standards, with shower heads with a maximum flow capacity of two and one-half gallons per minute, toilet water-use reduction devices capable of reducing flow by at least one gallon per flush, and faucet aerators which limit the flow rate to a maximum of two and one-half gallons per minute. The building inspector of the city shall defer the retrofit requirement of this section for any plumbing fixture for which present technology is not available to cause the required flow reduction, such as in flushometer-style toilet fixtures, or where retrofitting is not otherwise practicable. (Ord. 725 § 1, 1987)
13.18.050 Requirements upon change of ownership or use.
A. Residential. All existing residential buildings shall, at the time of change of ownership, be retrofitted, if not already so, exclusively with low water-use plumbing fixtures as defined by this chapter. These fixtures shall be installed and maintained, and shall not be replaced with fixtures which allow greater water use.
B. Commercial. All existing commercial, industrial, and public authority structures shall, at the time of change of ownership or change of use, be retrofitted, if not already so, with low water-use plumbing fixtures as defined by this chapter. These fixtures shall be installed and maintained and shall not be replaced with fixtures which allow greater water use. (Ord. 725 § 1, 1987)
13.18.060 Requirements upon expansion of use.
All residential, commercial, public authority and industrial reconstruction, remodels or additions that add or change bathroom plumbing fixtures, and/or increase floor area by twenty-five percent or greater of the existing floor area, shall meet “new construction” low water-use plumbing fixture standards for the entire facility, including retrofitting of existing plumbing fixtures, as identified in SMC 13.18.030. (Ord. 725 § 1, 1987)
13.18.070 Conservation kits.
The city shall act in cooperation with the Monterey Peninsula Water Management District in the district’s conservation kit distribution program. (Ord. 725 § 1, 1987)
13.18.080 Responsibility of transferor.
A. 1. Prior to a change of ownership or close of escrow, the transferor/seller shall comply with the retrofit requirements of this chapter. The transferor/seller shall submit proof of compliance to the building inspector, prior to obtaining a real property certification pursuant to Chapter 2.50 SMC.
2. The building inspector may waive the proof of retrofit before close of escrow requirement of this section where the seller and buyer certify that the structure will begin to be remodeled or modified within one hundred twenty days of the close of escrow, that the structure will be exclusively retrofitted with low water-use fixtures upon completion of construction, and the new owner shall allow inspection of the property by the city building inspector.
3. It shall be a violation of this chapter for any buyer or seller to instruct an escrow agent to close escrow for any sale of property in the city which does not comply with subsection (A)(1) of this section.
B. The usual fee charged for the issuance of plumbing permits shall be waived for those permits obtained in relation to fixture installation pursuant to the requirements of this chapter.
C. Prior to the change of use of any commercial, industrial, or public authority buildings, the owner of record shall certify in writing to the building inspector of the city about such change of use of the structure and compliance with this chapter, including compliance with all plumbing fixture retrofitting requirements. No change in use of such buildings shall be made prior to submission of such written certification to the building inspector. (Ord. 728 § 1, 1987; Ord. 725 § 1, 1987)
13.18.090 Notice of violation recordation.
Whenever the building inspector determines that there is an existing violation of this chapter, that low water-use plumbing fixtures have not been installed at the time of change of ownership or use, or have been removed since initial installation, the building inspector may record a notice of violation with the office of the county recorder. The owner(s) of the property, as revealed by the assessment roll, on which the violation is situated and any other person responsible for the violation shall be notified of the recordation, if their address is known to the building inspector or is otherwise reasonably available. The building inspector shall cause a notice of correction to be recorded at such time as the property owner has established full compliance with the provisions of this chapter. (Ord. 725 § 1, 1987)
13.18.100 Discretionary exemptions.
The building inspector may, in his discretion, exempt facilities from the provisions of this chapter, or impose reasonable conditions in lieu of compliance therewith, if he determines that any of the following conditions exist:
A. The requirements herein would cause an unnecessary and undue hardship upon the owner or purchaser of the building or the public. Undue hardship may include:
1. Plumbing in an existing building or structure which does not match connections with low water-using plumbing fixtures and would, therefore, require partial replumbing of the building or structure, for example, different rough-in dimensions;
2. Unavailability of low water-using plumbing fixtures to match a well-defined historic architectural style (Victorian, Mission Revival), in an historic building (pre-1920);
B. The requirements in this chapter would create an emergency condition affecting the health, sanitation, fire protection or safety of the structure or the public;
C. The granting of the exemption or imposition of reasonable conditions in lieu of compliance with the requirements in this chapter would not increase the quantity of water consumed by the structure or otherwise adversely affect service to other existing water consumers. (Ord. 725 § 1, 1987)
13.18.110 Appeals.
A. Who May Appeal – Time for Appeal.
1. An appeal may be made to the city council by any public agency or person aggrieved by a decision of the building inspector pursuant to this chapter. Such appeal shall be in writing and shall be filed with the city clerk and with the building division within ten days after written notice of the decision has been mailed to the applicant.
2. Written notice of the decision shall be given promptly to the applicant and to those who have requested notice, in writing. No appeal shall be accepted until notice of the decision has been given to the applicant.
3. At the time of the filing of the appeal, the appellant shall pay to the city the required filing fee as established by the city council.
B. Requirements for Contents of Appeal. The appellant must specifically state in the notice of appeal:
1. The identity of the appellant and his interest in the decision;
2. The identity of the decision appealed from and the conditions appealed from;
3. A clear, complete, but brief statement of the reasons why, in the opinion of the appellant, the decision of the conditions imposed were unjustified or inappropriate;
4. The specific reasons the appellant disagrees with the findings of the building inspector;
5. The specific facts of the matter in sufficient detail to notify interested persons of the nature of the proceedings, and to place the interested persons upon notice as to how any proposed action may affect their interest so that they may formulate their defense or opposition without being subjected to surprise. The city council will not accept an appeal stated in generalities, legal or otherwise.
C. Form. A form for giving notice of appeal shall be provided. The form need not be used if the contents of the notice of appeal is complete.
D. Acceptance of Appeal. An appeal shall not be accepted by the city council unless it is complete and complies with all requirements. The city clerk shall not accept a notice of appeal if it is obvious on the face of the notice that it is incomplete. (Ord. 1044 § 2, 2017; Ord. 725 § 1, 1987)
13.18.120 Penalties.
Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating or causing or permitting the violation of any of the provisions of this chapter, or any contractor who installs or removes plumbing fixtures contrary to the provisions of this chapter with the intent to defeat the purposes of this chapter, shall be guilty of a misdemeanor punishable as provided in municipal code SMC 1.16.030. Each separate day or portion thereof during which any violation occurs or continues without a good-faith effort by the responsible party to correct the violation shall be deemed to constitute a separate offense and, upon conviction thereof, shall be separately punishable. (Ord. 725 § 1, 1987)
13.18.130 Enforcement.
The director of community development or his designee shall be the officer primarily charged with enforcement of this chapter. All departments, officials, or public employees of the city who are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter, and shall issue no such permits or licenses for uses, buildings or purposes where the same would be in conflict with the provisions of this chapter. Any such permits, licenses, or uses, if issued in conflict with the provisions of this chapter, shall be null and void. (Ord. 725 § 1, 1987)
13.18.140 Civil enforcement against nuisance.
A. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, maintained, sold, or the use of which is changed, contrary to the provisions of this chapter, and/or any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of the chapter, shall be, and the same is declared to be, a violation of this chapter and a public nuisance.
B. The city may summarily abate the public nuisance, and the city attorney, upon order of the city council, may bring civil suit or other action to enjoin or abate the nuisance.
C. Each day any violation of this chapter continues shall be regarded as a new and separate offense. The remedies provided in this chapter shall be cumulative and not exclusive.
D. Should any person, firm, or corporation violate the provisions of this chapter, and any action is authorized by the city council, or is in fact commenced by the city for said violation, no other action shall be taken on any application filed by or on behalf of said person, firm, or corporation until the action has been concluded or resolved. (Ord. 725 § 1, 1987)
13.18.150 Cost of enforcement.
A. Any person, firm, or corporation who creates or maintains a public nuisance in violation of this chapter, or upon whose property a notice of violation has been recorded, shall be liable for the costs of abatement and ratio of correction which shall include, but not be limited to:
1. Costs of investigation;
2. Court costs;
3. Attorney’s fees;
4. Costs of monitoring compliance.
B. Upon a continuation of the public nuisance after notice from the city to cease the nuisance, any person, firm or corporation shall be liable for the costs of abatement set forth above plus a civil penalty of fifty percent of these costs payable to the city in addition to any other costs of enforcement imposed by the court. (Ord. 725 § 1, 1987)
13.18.160 Remedies cumulative.
The remedies available to the city to enforce this chapter are in addition to any other remedies available under the city’s municipal code or zoning ordinance, or any other state statutes, and do not replace or supplant any other remedy but are cumulative thereto. (Ord. 725 § 1, 1987)
13.18.170 Severability.
If any subdivision, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this chapter. It is the city’s express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses or phrases be declared invalid or unenforceable. (Ord. 725 § 1, 1987)