Chapter 14.08
WATER SHORTAGE EMERGENCY1

Sections:

14.08.010    Declaration of water shortage condition – Authority.

14.08.020    Use restrictions.

14.08.030    Declaration of water shortage condition – Notice.

14.08.040    Penalty for violation.

14.08.010 Declaration of water shortage condition – Authority.

The mayor of the city of Marysville shall have the power to declare by written proclamation that a water shortage condition exists and prevails within the Marysville public water system service area, said area consisting of all properties connected to the Marysville water system, whether inside or outside of the city limits or of the boundaries of other independent jurisdictions. The declaration shall be based upon a finding that a water shortage exists by reason of the fact that ordinary demands and requirements of the water consumers cannot be met and satisfied by the water supplies available to the Marysville water system without depleting the water supply to the extent that there would be insufficient water for human consumption, sanitation and fire protection. (Ord. 950 § 1, 1977).

14.08.020 Use restrictions.

At any time during the year, upon the declaration of a water shortage condition by the mayor, the mayor may implement any or all of the following water use restriction programs, which programs shall be effective for all properties connected to the Marysville water system:

(1) Prohibition of Nonessential Use of Water. No water furnished by the Marysville water system shall be used for any of the following nonessential purposes:

(a) Washing sidewalks, driveways, parking areas, patios or other exterior-paved areas, except for public safety purposes;

(b) Noncommercial washing of privately owned motor vehicles, trailers and boats, except from a bucket and except from a hose equipped with a shutoff nozzle used for quick rinses;

(c) Any use of water from a fire hydrant except for fighting fires;

(d) Watering of any lawn, garden, landscaped area, tree, shrub or other plant, except from a hand-held hose or container or drip irrigation system;

(e) Use of water for dust control or compaction;

(f) Filling or refilling any swimming pool;

(g) Use by a laundromat in excess of the amount of water used by it during the corresponding billing period in the preceding year. If the laundromat was not operating in the preceding year, an assumed amount shall be computed by the water superintendent;

(h) Any nonresidential use in excess of 70 percent of the amount used by the consumer during the corresponding billing period in the preceding year. If connection to the system was not in existence or use in the preceding year, an assumed amount shall be computed by the water superintendent. Such percentage may be increased if the water superintendent determines that such increase is necessary to protect the public health, safety and welfare, or to spread equitably among the water users of the Marysville water system the burdens imposed by the water shortage. All such variances will be immediately reported in writing to the mayor for his review and concurrence;

(i) Such other uses as are deemed by the mayor to be nonessential under the circumstances.

(2) Suspension of New Connections. No new or enlarged connection shall be made to the Marysville water system except the following:

(a) Connections which have been granted to and authorized prior to the imposition of the suspension;

(b) Connections of fire hydrants;

(c) Connections of dwellings previously supplied with water from a well which runs dry.

(3) Emergency Rationing. An emergency program rationing residential and nonresidential use of water to the extent necessary to protect the public health, safety and welfare shall be prepared by the mayor, or his designee, and presented to the city council for approval or modification. Such program, as approved, shall be implemented and enforced as provided in this chapter.

(4) Drought Response Plan. The mayor may implement the drought response plan as adopted by resolution of the city council. (Ord. 2385, 2001; Ord. 1807 § 3, 1990; Ord. 1790, 1990; Ord. 1529, 1987; Ord. 950 § 2, 1977).

14.08.030 Declaration of water shortage condition – Notice.

Notice of the declaration of a water shortage condition shall be published in an official newspaper of the city of Marysville, together with a summary of water use restrictions implemented by the mayor. The restrictions shall become effective on the date of first publication. In the event that the mayor implements an emergency rationing program, additional notice of such program shall be mailed to the billing address of each property connected to the Marysville water system. An emergency rationing program shall become effective three days following the mailing of such notices. All water use restrictions and programs shall continue in effect until terminated by declaration of the mayor. (Ord. 950 § 3, 1977).

14.08.040 Penalty for violation.

If the city becomes aware of any violation of a water use restriction duly implemented by the mayor, written notice of such violation shall be placed on the property where the violation occurred and shall be mailed to the regular billing address for such property. Said notice shall describe the violation and order that it be corrected, cured or abated immediately, or within such specified time as the city determines is reasonable under the circumstances. If said order is not complied with, the city may forthwith disconnect water service to said property. Applicable fees for violation of this provision, and for disconnection and reconnection are set forth in MMC 14.07.005. (Ord. 2106 § 19, 1996; Ord. 950 § 4, 1977).


1

For statutory provisions granting city or town full power to regulate the use of water from city waterworks, see RCW 35.92.010