Chapter 13.05 WATER

D. Provide support for low income customers. (Ord. 1592 § 2(1), 2023; Ord. 1588 § 2(1), 2023; Ord. 1571 § 2(1), 2022; Order 1469 § 2(1), 2013; Ord. 1462 § 2(1), 2012; Ord. 1393 § 2(1), 2008).

13.05.005 Service connection charge.

New water service connections shall be charged a $1,600 (inside the city limits) or $2,400 (outside the city limits) right-of-entry fee plus direct costs for all labor, materials and equipment rental used in connecting said new service from the city main to the customer’s property line and restoring city right-of-way to its original condition. Hookup fees are due in full prior to installation. In the case of existing side services which have not been active for one year preceding a request for reconnection the city supervisor may, at their discretion, require replacement of said service, in which case the actual cost of replacement shall be borne by the customer. (Ord. 1592 § 3, 2023; Ord. 1588 § 3, 2023; Ord. 1571 § 3, 2022; Order 1469 § 3, 2013; Ord. 1462 § 3, 2012; Ord. 1393 § 3, 2008; Ord. 1357 § 3, 2006; Ord. 930 § 1, 1974; Ord. 690 § 7, 1937).

13.05.007 Equivalent residential use (ERU).

The equivalent residential use (ERU) is the amount of water used by the average residential customers in an averaged billing period and is derived from total annual residential use. One ERU is established at 4,500 gallons per monthly billing period. For surcharge purposes, ERUs will be rounded to the nearest one-tenth. Example: if a customer uses 15 ERUs (135,000 gallons per monthly billing period) the cost will be one service charge ($40.00) plus 14 surcharges ($12.00 x 14 = $196.00). The service charges will be reviewed annually. (Ord. 1592 § 2(2), 2023; Ord. 1571 § 2(2), 2022; Order 1469 § 2(2), 2013; Ord. 1462 § 2(2), 2012; Ord. 1393 § 2(2), 2008).

13.05.010 Water billing.

A. The charges for water service in the city of South Bend shall be as follows:

Effective on the January 1, 2024, billing
Service Charge for All Customers:	$40.00 monthly
Surcharge per Excess ERU:	$12.00 per additional ERU
Commodity Charge:	$4.89 per 1,000 gallons of water

B. Eligible low-income customers living in single-family residences shall receive a discount of 16 percent of the monthly service charge for water services. The city shall establish the eligibility requirements that must be met in order to receive any discount.

C. All established properties with water service within the city limits of South Bend will pay a $22.25 monthly service charge if the account is inactive. Water service is considered to be a service lateral with a meter setter. (Ord. 1592 § 2(3) – 2(5), 2023; Ord. 1588 §§ 2(3) – 2(5), 2023; Ord. 1571 §§ 2(3) – 2(5), 2022; Ord. 1516, 2016; Order 1469 §§ 2(3) – 2(5), 2013; Ord. 1462 §§ 2(3) – 2(5), 2012; Ord. 1415, 2010; Ord. 1400, 2009; Ord. 1393 §§ 2(3) – 2(5), 2008; Ord. 1357 § 2(1), 2006; Ord. 1321 § 2(1), 2004; Ord. 1302 § 2(1), 2003; Ord. 1261 §§ 1, 2, 2000; Ord. 1244 § 1(1), 1999).

13.05.020 Rural service charge.

A $5.00 monthly additional rural service charge shall be made to all services outside the corporate limits of South Bend, Washington. (Ord. 1592 § 2(6), 2023; Ord. 1588 § 2(6), 2023; Ord. 1571 § 2(6), 2022; Order 1469 § 2(6), 2013; Ord. 1462 § 2(6), 2012; Ord. 1393 § 2(6), 2008; Ord. 1357 § 2(2), 2006; Ord. 1321 § 2(2), 2004; Ord. 1302 § 2(2), 2003; Ord. 1261 §§ 1, 2, 2000; Ord. 1244 § 1(2), 1999).

13.05.030 Booster pump systems charge.

A $5.00 monthly pumping charge shall be made to rural water accounts served by high elevation booster pump systems. (Ord. 1592 § 2(7), 2023; Ord. 1588 § 2(7), 2023; Ord. 1571 § 2(7), 2022; Order 1469 § 2(7), 2013; Ord. 1462 § 2(7), 2012; Ord. 1393 § 2(7), 2008; Ord. 1357 § 2(3), 2006; Ord. 1321 § 2(3), 2004; Ord. 1302 § 2(3), 2003; Ord. 1261 §§ 1, 2, 2000; Ord. 1244 § 1(3), 1999).

13.05.040 Deposit required.

To establish credit for a new utility account an independent third-party credit collection company will determine the level of deposit required for new service. A “green” return requires no deposit, a “yellow” return requires a $200.00 deposit which can be made in two monthly installments with the first installment of $100.00 minimum to be made prior to establishment of utility service and the balance must be paid within the 30-day period thereafter and a “red” return requires a $400.00 deposit which can be made in two monthly installments with the first installment of $200.00 minimum to be made prior to establishment of utility service and the balance must be paid within the 30-day period thereafter. If the customer fails to make a deposit payment in full within the specified time, service will be disconnected. Deposits shall be returned to the depositor at the end of a two-year period, whenever that account has been paid promptly and without fault during that two-year period or said deposit for service shall be returned minus funds due for any unpaid balance for city utility service whenever service is disconnected in less than a two-year period. A balance of less than $1.00 shall not be returned. The city reserves their right to make the final determination. (Ord. 1592 § 2(8), 2023; Ord. 1588 § 2(8), 2023; Ord. 1571 § 2(8), 2022; Ord. 1516, 2016; Order 1469 § 2(8), 2013; Ord. 1462 § 2(8), 2012; Ord. 1393 § 2(8), 2008; Ord. 1357 § 2(4), 2006; Ord. 1321 § 2(4), 2004; Ord. 1302 § 2(4), 2003; Ord. 1261 §§ 1, 2, 2000; Ord. 1244 § 1(4), 1999).

13.05.045 Turn-ons and shut-offs.

All requests for water turn-ons and shut-offs shall be billed at $25.00 each and every time the water user requests such service. Waiver of these charges shall be at the discretion of the city supervisor in cases where the water department needs to make such turn-ons or shut-offs. (Ord. 1592 § 2(9), 2023; Ord. 1588 § 2(9), 2023; Ord. 1571 § 2(9), 2022; Order 1469 § 2(9), 2013; Ord. 1462 § 2(9), 2012; Ord. 1393 § 2(9), 2008; Ord. 1357 § 2(5), 2006; Ord. 1321 § 2(5), 2004).

13.05.050 Charges – Due when – Delinquency.

All said charges shall be due and payable on or before the twentieth day of the month in which service is made. Those charges not so paid shall become delinquent and shall bear interest, from and after, the date of delinquency at the rate of $5.00 monthly or eight percent per annum, whichever is the greater. (Note: [Past due amount] times [8% divided by 365] times [days past due] = late charge). (Ord. 1592 § 2(10), 2023; Ord. 1588 § 2(10), 2023; Ord. 1571 § 2(10), 2022; Order 1469 § 2(10), 2013; Ord. 1462 § 2(10), 2012; Ord. 1393 § 2(10), 2008; Ord. 1357 § 2(6), 2006; Ord. 1321 § 2(6), 2004; Ord. 1302 § 2(5), 2003; Ord. 1261 §§ 1, 2, 2000; Ord. 1244 § 1(5), 1999).

13.05.060 Charges lien upon property.

All charges provided for in this chapter, together with penalties and interest thereon, shall be a lien upon the property to which said charge is made pursuant to RCW 35.21.290 through 35.21.300, and such property shall be subject to foreclosure pursuant to the terms of said chapter; no change of ownership or occupation shall affect the application of this section. (Ord. 1592 § 2(11), 2023; Ord. 1588 § 2(11), 2023; Ord. 1571 § 2(11), 2022; Order 1469 § 2(11), 2013; Ord. 1462 § 2(11), 2012; Ord. 1393 § 2(11), 2008; Ord. 1357 § 2(7), 2006; Ord. 1321 § 2(7), 2004; Ord. 1302 § 2(6), 2003; Ord. 1261 §§ 1, 2, 2000; Ord. 1244 § 1(6), 1999).

13.05.070 Disconnection of service.

As an additional concurrent method of requiring that the rates and charges herein stated shall be promptly paid, the city supervisor of the city of South Bend is hereby authorized and directed, upon being notified in writing by the city clerk/treasurer of said city, of any water users delinquent in the foregoing water charges, to disconnect water service to the premises of said water consumer until such time as the delinquent charges are paid. A service charge of $22.25 for said disconnection shall be made. (Ord. 1592 § 2(12), 2023; Ord. 1588 § 2(12), 2023; Ord. 1571 § 2(12), 2022; Order 1469 § 2(12), 2013; Ord. 1462 § 2(12), 2012; Ord. 1393 § 2(12), 2008; Ord. 1357 § 2(8), 2006; Ord. 1321 § 2(8), 2004; Ord. 1302 § 2(7), 2003; Ord. 1261 §§ 1, 2, 2000; Ord. 1244 § 1(7), 1999).

13.05.080 Malfunctioning meter.

In the event of a malfunctioning meter, the charge shall be based on the average consumption calculated from the three immediately past reading periods. (Ord. 1592 § 2(13), 2023; Ord. 1588 § 2(13), 2023; Ord. 1571 § 2(13), 2022; Order 1469 § 2(13), 2013; Ord. 1462 § 2(13), 2012; Ord. 1393 § 2(13), 2008; Ord. 1357 § 2(9), 2006; Ord. 1321 § 2(9), 2004; Ord. 1302 § 2(8), 2003; Ord. 1261 §§ 1, 2, 2000; Ord. 1244 § 1(8), 1999).

13.05.090 Leaks.

In the event of excess water usage due to leaks on any water lines and/or connections that are the responsibility of the water user, the city shall charge the water user for one-half of the excess water. The amount of excess water consumed shall be calculated by subtracting the average consumption of the three immediately past reading periods from the consumption in the water reading (with excess usage).

If excess water usage continues during the next reading period, the water user will be required to pay the full charge for the excess water consumed and may be required to repair the leak or leaks responsible for the excess water consumption in order to continue consuming city of South Bend water. (Ord. 1592 § 2(14), 2023; Ord. 1588 § 2(14), 2023; Ord. 1571 § 2(14), 2022; Order 1469 § 2(14), 2013; Ord. 1462 § 2(14), 2012; Ord. 1393 § 2(14), 2008; Ord. 1357 § 2(10), 2006; Ord. 1321 § 2(10), 2004; Ord. 1302 § 2(9), 2003; Ord. 1261 §§ 1, 2, 2000; Ord. 1244 § 1(9), 1999).

13.05.100 Water system hookups beyond city limits.

A. Any person, firm or corporation desiring to hook up to the water supply system of the city of South Bend beyond its city limits may do so by applying to the city clerk-treasurer, whereupon the city clerk-treasurer will transmit this application to the city council at its next regular meeting for determination of feasibility.

B. Upon approval of the city council and the granting of the permit, the applicant, after notice, will pay therefor the sum established in SBMC 13.05.005 prior to installation of the hookup. (Ord. 1357 § 3, 2006; Ord. 905 §§ 1, 2, 1972).

13.05.110 Charges – Adjustments for inflation.

The water utility fees contained in Ordinance No. 1571 adopted on February 14, 2022, are repealed and an adjustment to the current rate structure will be established. This ordinance will also include an adjustment by an inflation factor equal to 100 percent of the U.S. Consumer Price Index on the January 1st billing for each ensuing year unless the city council deems otherwise. (Ord. 1592 § 1, 2023; Ord. 1588 § 1, 2023; Ord. 1571 § 1, 2022; Order 1469 § 1, 2013; Ord. 1462 § 1, 2012; Ord. 1393 § 1, 2008; Ord. 1357 § 1, 2006; Ord. 1261 §§ 1, 3, 2000; Ord. 1244 § 2, 1999).

Article II. Water Shortage Response Plan

13.05.120 Definitions.

For purposes of this article, the following terms shall have the following definitions:

A. “City” is defined as the city of South Bend.

B. “Conservation” is defined as the voluntary reduction of use of potable water by customers.

C. “Customer” means any individual, firm, organization, partnership, association, trust, company, business, corporation, public entity, political entity, or any agent thereof, that requests or receives water on a retail or wholesale basis within the city of South Bend’s water system service territory.

D. “Dormant” means alive but not actively growing; a state of minimal metabolic activity with cessation of growth.

E. “City supervisor” is the city supervisor of the city of South Bend’s public works department, and/or public works staff designated by the city supervisor to carry out required activities.

F. “Health and sanitation” includes use of water for human consumption; bathing; personal hygiene; cooking; washing dishes and cooking equipment; cleaning equipment or surfaces for purposes of protecting human health; flushing toilets; medical, dental or veterinary procedures; sanitizing medical equipment and facilities, including clinics, hospitals, doctors’ offices, dentists’ offices and veterinary offices; and/or watering pets or livestock.

G “SBMC” is the South Bend Municipal Code.

H. “Potable water” means water that has been disinfected and otherwise treated to meet all federal and state drinking water laws and regulations as set forth by the Safe Drinking Water Act and the U.S. Environmental Protection Agency.

I. “Salvaged potable water” is water that has not been used, but would normally be discharged to the wastewater system. For example, this includes water that is run while waiting for hot water to warm up at a sink, shower, or bathtub.

J. “Waste” means discharge of potable water with no intended use, or loss of water ancillary to an intended use when such loss could be controlled with readily available technology or common practices associated with the use. Waste includes but is not limited to: (1) failure to repair a controllable leak, including a broken sprinkler head, a leaking valve or pipe, a broken pipe, or a leaking faucet; (2) irrigation uses that allow water to run off a vegetated area and form a flow of water on an impervious surface for a distance of 50 feet or greater or to discharge to a storm drain or surface water body; (3) irrigation uses that allow water to accumulate on an impervious surface to a depth of one-quarter inch or greater; (4) running a garden hose longer than five minutes without putting the water to use. However, waste does not include the following:

1. Flow resulting from temporary failures or malfunctions of water, plumbing or irrigation systems, where such failures are controlled or repaired as quickly as possible;

2. Flow resulting from firefighting or routine inspection of fire hydrants or from fire training activities;

3. Water applied as a dust control measure as required by local, state or federal laws or regulations or associated permits;

4. Water applied to abate spills of flammable or otherwise hazardous materials, where water is the appropriate control method;

5. Water applied to prevent or abate health, safety or accident hazards when alternate methods are not readily available;

6. Flow resulting from routine inspection, repair or maintenance of the municipal water supply system;

7. Flow resulting from routine inspection or maintenance of irrigation systems;

8. Water used for construction or maintenance activities where the application of water is the standard methodology and no other practical or economical alternative exists.

K. “Water” means any treated and potable water used in the city of South Bend water system service area.

L. “Water service area” means the geographical area being served water by the city of South Bend, including retail customers; and wholesale customers or owners, where a formal agreement is in place to serve treated water.

M. “Water shortage” is defined as the condition where the demand for potable water from the city of South Bend treatment facilities and distribution systems is exceeded by the ability of the treatment facilities and distribution system to meet that demand, and the storage facilities are unable to refill within 24 hours to meet the demand for water. (Ord. 1501 § 1, 2015).

13.05.130 Declaring an emergency.

Upon a finding by the city supervisor, or their designee, that a potable water shortage exists or is imminent, or that any other situation exists that threatens seriously to disrupt or diminish the municipal water supply, the city supervisor has the authority to declare an emergency condition exists and implement any or all of the actions as outlined in SBMC 13.05.140 and 13.05.150 for the period of the defined emergency within the city of South Bend water system service area. (Ord. 1501 § 1, 2015).

13.05.140 Stages of water shortage emergency.

Upon a declaration by the city supervisor that an emergency condition exists, as provided in SBMC 13.05.130, the city supervisor shall declare the degree of emergency and identify the applicable stage. The city supervisor shall determine appropriate demand reduction target(s), in relation to the supply shortage experienced or expected. Such stages shall be:

A. Stage 1. The following measures shall apply:

1. The city supervisor shall provide a water shortage emergency public notification in the city’s water service area. The notification requires city water system users utilizing city water for irrigation to conform to the following landscape-watering schedule:

a. Even numbered addresses water on even numbered days.

b. Odd numbered addresses water on odd numbered days.

c. Addresses ending in letters or fractions shall be considered even numbered or odd numbered according to the base address to which the letter or fraction is attached. For example, addresses 310 “B” and 514 1/2 water on even numbered days, and addresses 515 “B” and 517 1/2 water on odd numbered days.

d. Irrigation watering shall be allowed only between the hours of 4:00 a.m. to 7:00 a.m. and 7:00 p.m. to 11:00 p.m.

e. Customers shall be requested to use the minimum quantity of water needed to maintain landscapes in a healthy, nondormant condition.

f. Use of salvaged water shall conform to these restrictions.

2. Restaurants are prohibited from serving water to customers except upon request. The purpose of this provision is to reduce the need for dishwashing.

3. The city supervisor shall determine demand reduction targets and disseminate water conservation guidelines for both indoor and outdoor use, to all customers within the city’s water service area, and request voluntary water use reduction suitable to meet the defined demand reduction target(s).

4. The city supervisor shall activate a communication plan using appropriate resources such as the news media, the city’s website, newsletters, and/or other methods, to provide information to the public informing them of the emergency conditions, the reduction targets, and means of reducing water usage for different customer categories and end uses.

5. The city supervisor shall make emergency water supply interties with adjacent water systems and/or suppliers ready to supplement the available water supply if necessary.

6. No person shall waste water, as defined in SBMC 13.05.120.

7. Notwithstanding the prohibited uses identified above, the following uses of water are permitted under Stage 1:

a. New Plantings. Newly planted flowers, plants, shrubbery, ground cover or trees may be hand watered any day of the week if the watering done is the minimum needed to sustain plant life.

b. Commercial Canneries. Commercial canneries may operate as needed to maintain production, but conserve and reduce in all areas possible during this time.

c. Children. Water may be used on any day of the week, including but not limited to hoses and sprinklers, to cool off children if the temperature is 80 degrees or higher and the children are actively involved in the water; and the water activity is supervised, and water waste by overspray and overflow is kept to a minimum, and the water use occurs no more than one hour per day. This exception is allowed as day care providers may be prohibited by the State Department of Health from using wading pools.

B. Stage 2. All restrictions identified in Stage 1 shall apply during Stage 2, except as further restricted under Stage 2. In addition, the following restrictions and measures shall apply:

1. The city supervisor shall review water use data for the 10 largest water using customers and communicate directly with such customers with a request to achieve voluntary water use reductions to meet the defined demand reduction target(s).

2. Operation and introduction of water into an ornamental fountain is prohibited.

3. Washing of streets, sidewalks, driveways, or decks is prohibited, except as necessary for public health and safety.

4. Washing of buildings, fences and windows is prohibited. However, such washing is permitted if:

a. It was contracted prior to declaration of the Stage 2 emergency; or

b. Is required in order to prevent an imminent damage to property; or

c. To allow for painting or other maintenance that cannot be deferred; or

d. For window washing, if washing is performed using a bucket and hand tools rather than spray equipment.

5. Filling of privately owned swimming pools, spas, ponds, and artificial lakes is prohibited, except as needed to prevent physical damage to these facilities or associated equipment, and fish and wildlife.

6. Washing of any vehicles or boats is prohibited, unless at a vehicle washing facility equipped with water recycling equipment.

7. The city supervisor shall provide information to restaurants, hotels and motels informing them of means of reducing indoor water uses and assisting them to inform customers of the need for demand reductions.

8. Exceptions to prohibited uses identified under Stage 1 are rescinded under Stage 2. However, notwithstanding the prohibited uses identified above, the following uses of water are permitted under Stage 2:

a. Commercial Canneries. Commercial canneries may continue production under Stage 2 as long as they maintain their efforts to conserve and reduce usage in all areas during this time.

b. Children. Water may be used on any day of the week, including but not limited to hoses and sprinklers, to cool off children if the temperature is 80 degrees or higher and the children are actively involved in the water; and the water activity is supervised, and water waste by overspray and overflow is kept to a minimum, and the water use occurs no more than one hour per day. This exception is allowed as day care providers may be prohibited by the State Department of Health from using wading pools.

c. Fire, Health, and Sanitation. Where there is a demonstrable need in order to meet public health or safety requirements, such as to alleviate immediate fire, health, or sanitation hazards or any other mandates of the Washington State Departments of Health or Ecology.

d. Dust Control. For dust control to meet air quality requirements under local, state or federal law or associated regulations.

e. Window washing with a bucket and sponge.

f. Building Repair/Painting. Power washing of buildings, roofs and homes, prior to painting, repairing, remodeling or reconstruction, and not solely for aesthetic purposes.

g. Washing of Vehicles. Where the health, safety and welfare of the public is contingent upon frequent vehicle cleaning, such as to clean garbage trucks, and vehicles that transport food and other perishables or vehicles transporting sick or injured persons such as ambulances, or otherwise required by law.

C. Stage 3. All restrictions identified in Stages 1 and 2 shall apply during Stage 3, except as further restricted under Stage 3. In addition, the following restrictions and measures shall apply:

1. All persons are prohibited from using water from the city of South Bend water system for irrigation, except for minimum quantities needed to preserve landscape and turf plant life in a dormant condition.

2. The city supervisor shall set a mandatory non-irrigation water use reduction level of up to 20 percent for all customers, as compared to each customer’s average water use during the non-irrigation months of November through March in the most recent previous period without water shortage restrictions. Based on quantity of water use, certain commercial, industrial, and other significant water users may be required to reduce their water use by an amount greater than that required of other customers.

3. All swimming pools, wading pools, splash facilities, and similar recreational facilities shall be closed and not filled or their water levels maintained.

4. All activities receiving water from a city hydrant are prohibited from using water for any purpose other than those required for firefighting or by regulatory agencies for health and sanitation reasons. The city supervisor shall temporarily suspend all other permits for use of hydrants and shall not issue any new permits.

5. Exceptions to prohibited uses identified under Stage 2 are rescinded under Stage 3. However, notwithstanding the prohibited uses identified above, the following uses of water are permitted under Stage 3. However, the city supervisor may modify the exceptions as needed to achieve the goals of this article.

a. Household Food Production. Domestic or community food gardens may be watered according to the schedule and time restrictions described under Stage 1, at minimum quantities needed to ensure food production for human use.

b. Fire, Health, and Sanitation. Where there is a demonstrable need in order to meet public health or safety requirements, such as to alleviate immediate fire, health, or sanitation hazards.

c. Minimum Residential Use. Single-family and multifamily residential customers using less than 3,000 gallons of water per month per customer or per housing unit shall be exempt from the requirement to reduce non-irrigation use.

D. Stage 4. All restrictions identified in Stages 1 through 3 shall apply during Stage 4, except as further restricted under Stage 4. In addition, the following restrictions and measures shall apply:

1. All irrigation and outdoor use of water from the city water system is prohibited.

2. The city supervisor shall set a mandatory non-irrigation water use reduction level of 20 percent or greater for all customers, as compared to each customer’s average water use during the non-irrigation months of November through March in the most recent previous period without water shortage restrictions. Based on the quantity of water use, certain commercial, industrial, and other significant water users may be required to reduce their indoor water use by an amount greater than required of other customers.

3. All commercial, industrial, and institutional customers shall eliminate water usage, except for health and sanitation, and fire protection. However, the city supervisor may make exceptions, if appropriate, given the severity of the supply shortage experienced or expected. The city supervisor shall communicate directly with the city’s largest water-using customers, review their water use and verify compliance with the mandatory water use reductions.

4. Exceptions to prohibited uses identified under Stage 3 are rescinded under Stage 4. However, notwithstanding the prohibited uses identified above, the following uses of water are permitted under Stage 4. The city supervisor may modify the exceptions as needed to achieve the goals of this article.

a. Fire, Health, and Sanitation. Where there is a demonstrable need in order to meet public health or safety requirements, such as to alleviate immediate fire, health, or sanitation hazards.

b. Minimum Residential Use. Single-family and multifamily residential customers using less than 3,000 gallons of water per month per customer or per housing unit shall be exempt from the requirement to reduce non-irrigation use.

E. Should the above measures fall short of maintaining enough water supply for the basic functions of health, sanitation and fire protection, the city supervisor is authorized to implement further mandatory water use reductions as necessary.

F. Notice shall be given advising water customers that the potable water curtailment and rationing program is to be implemented. For Stage 1 conditions, at a minimum, such notice shall be published at least two days in the official newspaper of the city and shall contain a description of the programs, the effective date and time of implementation, and penalty for violation. For Stage 2 conditions such notice shall be published for at least one day. For Stage 3 and 4 conditions, notification shall be by the most expedient means possible with a follow-up published if the Stage 3 or 4 conditions are expected to last more than three consecutive days. Assistance of other local media will be sought throughout the duration of the water shortage in an attempt to advise water customers further; however, such additional media assistance shall not be deemed a condition precedent to effectuating the program on the date and time specified.

G. Notice of cessation of the water shortage shall be given by publication in the official newspaper of the city; however, notice of cessation need only be published one time. (Ord. 1501 § 1, 2015).

13.05.150 Enforcement.

The city may read any customer’s meter at any time to assist with implementing voluntary and/or mandatory water use reductions and determining compliance by the customer.

The following mechanisms for enforcement shall be implemented in the following order:

A. Notice of Warning. For a first violation of a requirement of SBMC 13.05.140, the city supervisor or their designee shall send a notice of warning to the customer. A notice of warning shall be in writing, shall specify the violation and the relevant SBMC section, and shall outline compliance measures. The notice of warning shall be delivered to the customer either personally, by the leaving of a notice in a conspicuous location at the customer’s address or at the location of the water use if not the customer’s address, by officer or substitute service, by normal mail, by certified mail, or by registered mail, return receipt requested.

B. Notice of Violation – Surcharge on Water Bill. For violation of each restriction or banned water use, a customer will receive one notice of warning prior to receiving a notice of violation. A notice of violation of SBMC 13.05.140 shall be in writing, shall specify the violation, may require compliance measures, shall assess a water use surcharge that is applied to the customer’s water bill, and shall be delivered to the customer either personally, by leaving of a notice in a conspicuous location at the customer’s address or at the location of the water use if not the customer’s address, by officer or substitute service, by normal mail, by certified mail, or by registered mail, return receipt requested. Such surcharge, if not paid, can be applied as a lien for nonpayment of water service, as per SBMC 13.05.060.

Each separate occasion in which a violation occurs shall be considered a separate violation. No more than one violation per restricted or banned use per day shall be issued, except that no more than one violation for failing to achieve the mandatory use reduction level (i.e., failing to achieve the required percent reduction in water use) shall be issued per month.

C. Schedule of Surcharges. The surcharge for each violation may be assessed in the following manner:

1. First violation, following notice of warning: $100.00.

2. Second violation: $200.00.

3. Third violation: $300.00.

4. Fourth and subsequent violations: $500.00.

For violations of the mandatory non-irrigation use reduction levels (i.e., failing to achieve the required reduction in water use), the surcharge shall be double the amounts listed above.

D. Restrict Water Flow. In addition to the enforcement provisions in subsections (A) and (B) of this section, the city supervisor or their designee, at their discretion, may install a flow restrictor on the customer’s water meter or service in the following situations:

1. If the customer has not complied with the provisions of this article, after receiving two violations; or

2. If the city supervisor determines that the customer is using water in a manner that is inconsistent with the provisions of this article, and it is necessary to take immediate action to curtail the customer’s water use.

Installation of a flow restrictor shall result in charges to the customer, as fixed from time to time by resolution of the city council, for installation and removal of such flow restrictor.

E. Discontinue Water Service. After unsuccessful attempts to enforce subsections (A) through (C) of this section, and if the city supervisor or their designee determines that the customer continues to use water in a manner that is inconsistent with the provisions of this article, and it is necessary to take immediate action to curtail the customer’s water use, water service may be discontinued. Service so disconnected shall be restored only upon payment of the reconnection charge and assessed penalties as set forth in SBMC 13.05.045 or as fixed from time to time by resolution of the city council, or a portion of those assessed penalties, to be determined at the discretion of the city supervisor or their designee. In addition to the foregoing, the city supervisor or their designee may, prior to restoration of service, install a flow-restrictive device on the customer’s service.

F. Other Action as Appropriate. Given the specific conditions of an emergency water shortage, and notwithstanding the provisions of this article, the city supervisor may take other enforcement action as the city supervisor deems appropriate, consistent with local, state and federal law. (Ord. 1501 § 1, 2015).

13.05.160 Variances.

A. A person may seek a variance by filing an application with the city supervisor. The city supervisor may require the applicant to provide information that the city supervisor determines is necessary to evaluate the variance request.

B. The city supervisor may grant a variance from a requirement of this article if the city supervisor determines that special circumstances exist and that compliance with this article:

1. Adversely affects the health, sanitation, safety, or fire protection of the public or the applicant; or

2. Substantially threatens the applicant’s primary source of income; or

3. Will cause substantial, irreparable damage to the customer’s life, property, or income; or

4. The impact of curtailment is substantially disproportionate to the customer’s water use.

C. If the city supervisor approves a variance, the applicant shall keep a copy of the approval in a location on the affected property that is accessible and visible to the public.

D. A variance shall expire at the time:

1. The water shortage is upgraded from one stage to the next higher numbered and more restrictive stage; or

2. The applicant is found by the city supervisor to have violated any other provision of this article, and the city supervisor declares the variance to be void.

The customer may file an application for a new variance from the upgraded stage restrictions. (Ord. 1501 § 1, 2015).

13.05.170 Appeals.

Any customer who feels aggrieved by any decision of the city supervisor or their designee under this article may appeal the decision of the city supervisor or their designee to the mayor. (Ord. 1501 § 1, 2015).