Chapter 6.64
WATER CONSERVATION ORDINANCE*
Sections:
6.64.030 Declaration of purpose and intent.
6.64.060 Permanent water conservation requirements—Prohibition against waste.
6.64.070 Level 1 water supply shortage.
6.64.080 Level 2 water supply shortage.
6.64.090 Level 3 water supply shortage—Emergency condition.
6.64.100 Procedures for determination/notification of water supply shortage.
6.64.110 Level 3 alternate provisions.
6.64.130 Penalties and violations.
* Prior legislation: Ord. 1867.
6.64.010 Title.
This chapter will be known as the city of South Gate water conservation and water supply shortage program.
(Ord. 2263 § 1 (part), 7-28-09)
6.64.020 Findings.
A. A reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of the city of South Gate and Southern California region.
B. Southern California is a semi-arid region and is largely dependent upon imported water supplies. A growing population, climate change, environmental concerns, and other factors in other parts of the state of California and western United States make the region highly susceptible to water supply reliability issues.
C. Careful water management that includes active water conservation measures not only in times of drought, but at all times, is essential to ensure a reliable minimum supply of water to meet current and future water supply needs.
D. Article XI, Section 7 of the California Constitution declares that a city or county may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws.
E. Article X, Section 2 of the California Constitution declares that the general welfare requires that water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof.
F. California Water Code Section 375 authorizes water suppliers to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies.
G. The adoption and enforcement of a water conservation and supply shortage program is necessary to manage the city’s potable water supply in the short and long term and to avoid or minimize the effects of drought and shortages within the city. Such program is essential to ensure a reliable and sustainable minimum supply of water for the public health, safety and welfare.
(Ord. 2263 § 1 (part), 7-28-09)
6.64.030 Declaration of purpose and intent.
A. The purpose of this chapter is to establish a water conservation and supply shortage program that will reduce water consumption within the city of South Gate through conservation, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and maximize the efficient use of water within the city of South Gate to avoid and minimize the effect and hardship of water shortage to the greatest extent possible.
B. This chapter establishes permanent water conservation standards intended to alter behavior related to water use efficiency for nonshortage conditions and further establishes three levels of water supply shortage response actions to be implemented during times of declared water shortage or declared water shortage emergency, with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies.
(Ord. 2263 § 1 (part), 7-28-09)
6.64.040 Definitions.
A. The following words and phrases whenever used in this chapter have the meaning defined in this section:
1. “City” means the city of South Gate.
2. “Person” means any natural person or persons, corporation, public or private entity, governmental agency or institution, or any other user of water provided by the city.
3. “Landscape irrigation system” means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system.
4. “Large landscape areas” means a lawn, landscape, or other vegetated area, or combination thereof, equal to more than one acre of irrigable land.
5. “Single pass cooling systems” means equipment where water is circulated only once to cool equipment before being disposed.
6. “Potable water” means water which is suitable for drinking.
7. “Recycled water” means the reclamation and reuse of nonpotable water for beneficial use.
8. “Billing unit” means the unit of water used to apply water rates for purposes of calculating water charges for a person’s water usage and equals one hundred cubic feet or seven hundred forty-eight gallons of water.
(Ord. 2263 § 1 (part), 7-28-09)
6.64.050 Application.
A. The provisions of this chapter apply to any person in the use of any potable water provided by the city.
B. The provisions of this chapter do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services.
C. The provisions of this chapter do not apply to the use of recycled water, with the exception of Section 6.64.060(A).
D. The provisions of this chapter do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale.
E. 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. Refer to the local jurisdiction or Regional Water Quality Control Board for information on any storm water ordinances and storm water management plan.
(Ord. 2263 § 1 (part), 7-28-09)
6.64.060 Permanent water conservation requirements—Prohibition against waste.
The following water conservation requirements are effective at all times and are permanent. Violations of this section will be considered waste and an unreasonable use of water.
A. Limits on Watering Hours. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of nine a.m. and six p.m. Pacific Standard Time on any day, except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.
B. Limit on Watering Duration. Watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended is limited to no more than fifteen minutes watering per day per station. This subsection does not apply to landscape irrigation systems that exclusively use very low-flow drip type irrigation systems when no emitter produces more than two gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a seventy percent efficiency standard.
C. No Excessive Water Flow or Runoff. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited.
D. No Washing Down Hard or Paved Surfaces. Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device or a low-volume, high-pressure cleaning machine equipped to recycle any water used.
E. Obligation to Fix Leaks, Breaks or Malfunctions. Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user’s plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected and in no event more than three days of receiving notice from the city is prohibited.
F. Recirculating Water Required for Water Fountains and Decorative Water Features. Operating a water fountain or other decorative water feature that does not use recirculated water is prohibited.
G. Limits on Washing Vehicles. Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, is prohibited, except by use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing water shut-off nozzle or device. This subsection does not apply to any commercial car washing facility.
H. Drinking Water Served Upon Request Only. Eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, club or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested.
I. Commercial Lodging Establishments Must Provide Option to Not Launder Linen Daily. Hotels, motels, and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language.
J. No Installation of Single Pass Cooling Systems. Installation of single pass cooling systems is prohibited in buildings requesting new water service.
K. No Installation of Non-recirculating Water Systems in Commercial Car Wash and Laundry Systems. Installation of non-recirculating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems.
L. Restaurants Required to Use Water Conserving Dish Wash Spray Valves. Food preparation establishments, such as restaurants or cafes, are prohibited from using non-water conserving dish wash spray valves.
(Ord. 2263 § 1 (part), 7-28-09)
6.64.070 Level 1 water supply shortage.
A. A Level 1 water supply shortage exists when the city determines, in its sole discretion, that due to drought or other water supply reductions, a water supply shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city of a Level 1 water supply shortage condition, the city will implement the mandatory Level 1 conservation measures identified in this section. The type of event that may prompt the city to declare a Level 1 water supply shortage may include, among other factors, a finding that its wholesale water provider calls for extraordinary water conservation.
A Level 1 water supply shortage condition exists when the city notifies its water users that, due to drought or other supply reductions, a consumer demand reduction of up to ten percent is necessary to make more efficient use of water and respond to existing water conditions. Upon the declaration of a Level 1 water supply shortage condition, the city shall implement the mandatory Level 1 conservation measures identified in this chapter. The type of event that may prompt the city to declare a Level 1 water supply shortage may include, among other factors, a finding that its wholesale water provider calls for extraordinary water conservation.
B. Additional Water Conservation Measures. In addition to the prohibited uses of water identified in Section 6.64.060, the following water conservation requirements apply during a declared Level 1 water supply shortage:
1. Limits on Watering Days. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to three days per week on a schedule established and posted by the city. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the city. This provision does not apply to landscape irrigation zones that exclusively use very low-flow drip type irrigation systems when no emitter produces more than two gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.
2. Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system must be repaired within seventy-two hours of notification by the city unless other arrangements are made with the city.
3. Other Prohibited Uses. The city may implement other prohibited water uses as determined by the city, after notice to customers.
(Ord. 2263 § 1 (part), 7-28-09)
6.64.080 Level 2 water supply shortage.
A. A Level 2 water supply shortage exists when the city determines, in its sole discretion, that due to drought or other supply reductions, a water supply shortage exists and a consumer demand reduction is necessary to make more efficient use of water and respond to existing water conditions. Upon the declaration by the city of a Level 2 water supply shortage condition, the city will implement the mandatory Level 2 conservation measures identified in this section.
A Level 2 water supply shortage condition exists when the city notifies its water users that due to drought or other supply reductions, a consumer demand reduction of up to fifteen percent is necessary to make more efficient use of water and respond to existing water conditions. Upon the declaration of Level 2 water supply shortage condition, the city shall implement the mandatory Level 2 conservation measures identified in this chapter.
B. Additional Conservation Measures. In addition to the prohibited uses of water identified in Sections 6.64.060 and 6.64.070, the following additional water conservation requirements apply during a declared Level 2 water supply shortage.
1. Watering Days. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to two days per week on a schedule established and posted by the city. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the city. This provision does not apply to landscape irrigation zones that exclusively use very low-flow drip type irrigation systems when no emitter produces more than two gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.
2. Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system must be repaired within forty-eight hours of notification by the city unless other arrangements are made with the city.
3. Limits on Filling Ornamental Lakes or Ponds. Filling or refilling ornamental lakes or ponds is prohibited, except to the extent needed to sustain aquatic life; provided, that such animals are of significant value and have been actively managed within the water feature prior to declaration of a supply shortage level under this chapter.
4. Limits on Washing Vehicles. Using water to wash or clean a vehicle, including, but not limited to, any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, is prohibited except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, by high pressure/low volume wash systems, or at a commercial car washing facility that utilizes a re-circulating water system to capture or reuse water.
5. Limits on Filling Residential Swimming Pools and Spas. Refilling of more than one foot and initial filling of residential swimming pools or outdoor spas with potable water is prohibited.
6. Other Prohibited Uses. The city may implement other prohibitions on water uses as determined by the city, after notice to customers.
C. Other Options at Level 2.
1. Water Allocations/Water Budget. The city may establish a water allocation for property served by the city using a method that does not penalize persons for the implementation of conservation methods or the installation of water saving devices. The city must provide notice of the allocation by including it in the regular billing statement for the fee or charge or by any other mailing to the address to which the city customarily mails the billing statement for fees or charges for ongoing water service.
Following the effective date of the water allocation as established by the city, any person that uses water in excess of the allocation will be subject to a penalty in the amount of two dollars and fifty cents for each billing unit of water in excess of the allocation or an amount established by the resolution of city council, whichever is greater. The penalty for excess water usage will be cumulative to any other remedy or penalty that may be imposed for violation of this chapter.
2. Water Supply Shortage Rates. During a Level 2 water supply shortage condition, the city may increase water rates, other than Tier 1 Lifeline rates of fifteen units per residential household.
3. Mandatory Percentage Use Reductions. During a Level 2 water supply shortage condition, all customers will be required to reduce water consumption by a percentage determined by the city.
(Ord. 2263 § 1 (part), 7-28-09)
6.64.090 Level 3 water supply shortage—Emergency condition.
A. A Level 3 water supply shortage condition is also referred to as an “emergency” condition. A Level 3 condition exists when the city declares a water shortage emergency and notifies its residents and businesses that a significant reduction in consumer demand is necessary to make more efficient use of water and respond to existing water conditions. Upon the declaration of a Level 3 water supply shortage emergency condition, the city will implement the mandatory Level 3 conservation measures identified in this section.
A Level 3 water supply shortage emergency exists when the city declares a water shortage emergency condition pursuant to California Water Code Section 350 and notifies its residents and businesses that more than a forty percent consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The city must declare a water supply shortage emergency in the manner and on the grounds provided in California Water Code Section 350.
B. Additional Conservation Measures. In addition to the prohibited uses of water identified in Sections 6.64.060, 6.64.070 and 6.64.080, the following water conservation requirements apply during a declared Level 3 water supply shortage emergency:
1. No Watering or Irrigating. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited. This restriction does not apply to the following categories of use unless the city has determined that recycled water is available and may be lawfully applied to the use:
i. Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container, hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or a very low-flow drip type irrigation system when no emitter produces more than two gallons of water per hour subject to the hour restrictions in Section 6.64.060(A);
ii. Maintenance of existing landscape necessary for fire protection;
iii. Maintenance of existing landscape for soil erosion control;
iv. Maintenance of plant materials identified to be rare or essential to the well-being of rare animals;
v. Maintenance of landscape within active public parks and playing fields, day care centers, school grounds, cemeteries, and golf course greens; provided, that such irrigation does not exceed two days per week according to the schedule established in Section 6.64.080(B)(1) and time restrictions in Section 6.64.060(A) and (B);
vi. Public works projects and actively irrigated environmental mitigation projects.
2. Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system must be repaired within twenty-four hours of notification by the city unless other arrangements are made with the city.
3. No New Potable Water Service. Upon declaration of a Level 3 water supply shortage emergency condition, no new potable water service will be provided, no new temporary meters or permanent meters will 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) will be issued, except under the following circumstances:
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 of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the city.
This provision does not preclude the resetting or turn-on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of one year or less.
4. Discontinue Service. The city, in its sole discretion, may discontinue service to consumers who willfully violate provisions of this section.
5. Other Prohibited Uses. The city may implement other prohibited water uses as determined by the city, after notice to customers.
(Ord. 2263 § 1 (part), 7-28-09)
6.64.100 Procedures for determination/notification of water supply shortage.
A. Declaration and Notification of Level 1 and 2 Water Supply Shortage. The existence of Level 1 and Level 2 water supply shortage conditions may be declared by resolution of the city adopted at a regular or special public meeting held in accordance with state law. The mandatory conservation requirements applicable to Level 1 or Level 2 conditions will take effect on the tenth day after the date the shortage level is declared. Within five days following the declaration of the shortage level, the city must publish a copy of the resolution in a newspaper used for publication of official notices. If the city establishes a water allocation, it must provide notice of the allocation by including it in the regular billing statement for fees or charges for ongoing water service. A water allocation will be effective on the fifth day following the date of mailing or at such later date as specified in the notice.
B. Declaration and Notification of Level 3 Water Supply Shortage. The existence of a Level 3 water supply shortage emergency condition may be declared in accordance with the procedures specified in Water Code Sections 351 and 352. The mandatory conservation requirements applicable to the Level 3 conditions will take effect on the tenth day after the date the shortage level is declared. Within five days following the declaration of the shortage level, the city must publish a copy of the resolution in a newspaper used for the publication of official notices. If the city establishes a water allocation, it will provide notice of the allocation by including it in the regular billing statement or by any other mailing to the address to which the city customarily mails the billing statement for fees or charges for ongoing water service. A water allocation will be effective on the fifth day following the date of mailing or at such later date as specified in the notice.
(Ord. 2263 § 1 (part), 7-28-09)
6.64.110 Level 3 alternate provisions.
A. Commercial Car Wash Systems. Effective on January 1, 2011, all commercial conveyor car wash systems must have installed and operational recirculating water systems, or must have secured a waiver of this requirement from the city.
B. Large Landscape Areas—Rain Sensors. Large landscape areas, such as parks, cemeteries, golf courses, school grounds, and playing fields, that use landscape irrigation systems to water or irrigate must use landscape irrigation systems with rain sensors that automatically shut off such systems during periods of rain or irrigation timers which automatically use information such as evapotranspiration sensors to set an efficient water use schedule.
C. Construction Purposes. Recycled or nonpotable water must be used for construction purposes when available.
D. No New Annexations. Upon the declaration of a Level 3 water supply shortage condition, the city will suspend consideration of annexations to its service area. This subsection does not apply to boundary corrections and annexations that will not result in any increased use of water.
E. Limits on Building Permits. The city may limit or withhold the issuance of building permits which require new or expanded water service, except to protect the public health, safety and welfare, or in cases which meet the city’s adopted conservation offset requirements.
F. Water Recycling Required if Alternative Available. The use of potable water, other than recycled water, is prohibited for specified uses after the city has provided to the customer an analysis showing that recycled water is a cost-effective alternative to potable water for such uses and the customer has had a reasonable time, as determined by the city manager, to make the conversion to recycled water.
G. Water Recycling—New Service. Prior to the connection of any new water service, an evaluation must be done by the city to determine whether recycled water exists to supply all or some of the water needed and recycled water must be utilized to the extent feasible.
H. City Conservation Reports. Upon request of the city manager, city departments must prepare and submit quarterly reports on their water conservation efforts. The reports will be consolidated by the city manager and reported to the city council at a minimum of once a year.
I. Customer Water Conservation Reports. The city may by written request require all commercial, residential and industrial customers using twenty-five thousand or more billing units per year to submit a water conservation plan and to submit quarterly progress reports on such plan. The conservation plan must include recommendations for increased water savings, including increased water recycling based on feasibility, and the reports must include progress to date on implementation of such recommendations.
J. Reporting Mechanism—Hotline. The city will establish a water waste hotline for residents to report violation of this chapter.
(Ord. 2263 § 1 (part), 7-28-09)
6.64.120 Hardship waiver.
A. Undue and Disproportionate Hardship. If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person may apply for a waiver to the requirements as provided in this section.
B. Written Finding. The waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to 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 waiver must be on a form prescribed by the city and accompanied by a nonrefundable processing fee in an amount of five hundred dollars or as established by the resolution by the city council, whichever is greater.
2. Supporting Documentation. The application must be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant.
3. Required Findings for Waiver. An application for a waiver will be denied unless the water division manager 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 as shown by the records of the city or its agent, all of the following:
i. That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses;
ii. 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 residents and businesses generally;
iii. That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the city to effectuate the purpose of this chapter and will not be detrimental to the public interest; and
iv. That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature.
4. Approval Authority. The city manager or water division manager must act upon any completed application no later than ten business days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition. The decision of the city manager or water division manager will be final.
(Ord. 2263 § 1 (part), 7-28-09)
6.64.130 Penalties and violations.
A. Misdemeanor. Any violation of this chapter may be prosecuted as a misdemeanor punishable by imprisonment in the county jail for not more than thirty days, or by a fine not exceeding one thousand dollars or as established by resolution of the city council, whichever is greater, or by both.
B. Civil Penalties. Civil penalties for failure to comply with any provisions of this chapter are as follows:
1. First Violation. The city will issue a written warning and deliver a copy of the ordinance codified in this chapter by certified mail.
2. Second Violation. A second violation within the preceding twelve calendar months is punishable by a fine not to exceed one hundred dollars or as established by resolution of the city council, whichever is greater.
3. Third Violation. A third violation within the preceding twelve calendar months is punishable by a fine not to exceed two hundred fifty dollars or as established by resolution of the city council, whichever is greater.
4. Fourth and Subsequent Violations. A fourth and any subsequent violation is punishable by a fine not to exceed five hundred dollars or as established by resolution of the city council, whichever is greater.
i. Water Flow Restrictor. In addition to any fines, the city may install a services water flow restrictor device of approximately one gallon per minute capacity for services up to one-and-one-half-inch size and comparatively sized restrictors for larger services after written notice of intent to install a flow restrictor for a minimum of forty-eight hours.
ii. Termination of Service. In addition to any fines and the installation of a water flow restrictor, the city may disconnect and/or terminate a customer’s water service.
C. Cost of Flow Restrictor and Disconnecting Service. A person or entity that violates this chapter is responsible for payment of the city’s charges for installing and/or removing any flow restricting device and for disconnecting and/or reconnecting service per the city’s schedule of charges then in effect. This charge for installing or removing a flow restriction device will be set at one hundred dollars each or as established by resolution of the city council, whichever is greater. The charge for installing and/or removing any flow restricting device must be paid to the city before the device is removed. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.
D. Separate Offenses. Each day that violation of this chapter occurs is a separate offense.
E. Notice and Hearing.
1. The city will issue a notice of violation by certified mail or personal delivery at least ten days before taking enforcement action. 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 business on the day before the date scheduled for enforcement action. 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.
2. Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the city may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water level condition.
(Ord. 2263 § 1 (part), 7-28-09)
6.64.140 Severability.
If any section, subsection, sentence, clause or phrase in this chapter is for any reason held invalid, the validity of the remainder of the chapter will not be affected. The city council hereby declares it would have passed this chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases is declared invalid.
(Ord. 2263 § 1 (part), 7-28-09)