Loading...
HomeMy WebLinkAboutResolution No. UB-6-14RESOLUTION NO. UB -6-14 A RESOLUTION OF THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, TO AMEND WATER RULE NO. 21 SECTION D — REQUEST FOR RELIEF, SECTION E — NOTICES, CITATIONS, PENALTIES, CHARGES, AND SERVICE TERMINATION AND SECTION F — HEARING REGARDING VIOLATIONS WHEREAS, Water Rule No. 21 was adopted via Resolution No. 08-C82 as part of Azusa Light & Water Rules and Regulations effective September 1, 2008; and WHEREAS, Water Rule No. 21 sets forth water use restrictions for water customers during drought declarations; and WHEREAS, Water Rule No. 21 sets forth restrictions on watering lawns, landscapes and other turf areas during phases of drought declaration; and WHEREAS, the current Water Rule No. 21 imposes specific time requirements to file a written request for relief from compliance with various programmatic water use restrictions; and WHEREAS, the current Water Rule No. 21 requires the installation of a flow restrictor for the third violation of Water Rule No. 21; and WHEREAS, the current Water Rule No. 21 requires the termination of water service for the fourth violation of Water Rule No. 21; and WHEREAS, the current Water Rule No. 21 state the associated legal description for the second and third violations of Water Rule No. 21; and WHEREAS, the current Water Rule No. 21 hearing regarding violations is limited to second and subsequent violations of Water Rule No. 21; and WHEREAS, the current Water Rule No. 21 hearing regarding violations may be appealed to the city manager; and WHEREAS, amending the time restrictions for requests for relief from compliance will allow water customers to apply for relief from programmatic compliance; and WHEREAS, removing the associated legal description for the second and third violations of Water Rule No. 21 simplifies the violations of Water Rule No. 21; and WHEREAS, amending the notices, citations, penalties, charges, and service termination will provide the utility with more latitude in encouraging water users to comply with Water Rule No. 21; and WHEREAS, amending the hearing process regarding violations to allow the appeal of first time violations; and to retain the final decision process within the utility will streamline the appeal/hearing process; NOW, THEREFORE, THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Amendment of Water Rule No. 21 Section D — Request for Relief from Compliance and Section E — Notices, Citations, Penalties, Charges, and Service Termination. The Utility Board/City Council herby adopts amendment to Water Rule No. 21 Section D — Request for Relief from Compliance and Section E — Notices, Citations, Penalties, Charges, and Service Termination as part of the Azusa Light & Water Rules and Regulations as set forth in Exhibit "A" which is attached to this resolution and made a part hereof. SECTION 2. Effective Date. The amendment to Azusa Light & Water Rules and Regulations shall become effective July 1, 2014. PASSED APPROVED and ADOPTED, this 24`h day of June, 2014, Joseph Romero Rocha Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. UB -6-14 was duly adopted by the City Council/Utility Board at a regular meeting of the Azusa Light & Water Utility Board on the 24`h day of June, 2014. AYES: BOARD/COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ,ROCHA NOES: BOARD/COUNCILMEMBERS: NONE ABSENT: BOARD/COUNCILMEMBERS: NONE f ce Cornejo, Secretary/City Clerk EXHIBIT "A" Proposed Changes to Water Rule No, 21, Section D — Request for relief, Section E — Notices, Citations, Penalties, Charges, and Service Termination and Section F — Hearing regarding violations Changes to take effect July 1, 2014, text to be deleted is highlighted in strikeout. Changes to take effect July 1, 2014, text to be added is highlighted in underline. Text that is not highlighted is current and is being provided for context and reference. WATER RULE NO. 21 WATER CONSERVATION D. REQUEST FOR RELIEF FROM COMPLIANCE: A water user may file a written request for relief from compliance with the various programmatic water use restrictions of this Rule to the director of utilities. The director of utilities may delegate his duties and responsibilities for review of"Relief Requests" under this section as appropriate. 2. The Relief Request may include a request that the water user be relieved, in whole or in part, from the water use restrictions in effect during a declared water shortage. A water user may not apply for relief from Emergency Commodity Rates or drought charges. The Relief Request may include various justifications for exemption, including but not limited to the following: a. Whether any additional reduction in water consumption will result in unemployment or significant loss of income from commercial or industrial activities; b. Water uses during new construction; C. Adjustments to water use caused by emergency health or safety hazards; d. Water use necessary for reasons related to family illness or health. 4. In order to be considered, a water user must submit a written request for relief including the justification for such relief to the director of utilities,_,:mss f R -m the date of the publieized dretight netiee No relief shall be granted unless the water user shows that the maximum practical reduction in water consumption has been achieved by the water user. No relief shall be granted to any water user who, when requested by the director of utilities, fails to provide any information necessary for resolution of the water user's Relief Request. The decision to issue relief or exemption from certain rules or requirements shall be issued within 15 days and provided in writing to the water user. 5. AThe decision hereunder may be appealed as set out in ..eetio., F(e) of this Rule to the city manager through a written appeal request within 15 days of receipt of an adverse decision. The city manager's decision will be issued within 15 days following an appeal hearing and this decision will be final. E. NOTICES, CITATIONS, PENALTIES, CHARGES, AND SERVICE TERMINATION: Any employee of the water utility, or other employees as designated by the director of utilities, may issue citations for violations of this Rule. Water users as defined in this Rule shall be presumed to be the violator. Imposed fines will be added to the water bill of cited customers and failure to pay shall result in termination of water service. The Water Utility will impose the following penalties on violators of this Rule: a. If the director of utilities has declared a Phase I water shortage pursuant to this Rule, first-time violators, shall be provided with a courtesy notice of the violation. Upon second and subsequent violations, the violator shall receive a citation and fine pursuant to the next paragraph. b. If the director of utilities has declared a Phase II, Phase III or Phase IV water shortage pursuant to this Rule, respectively, violators shall receive a citation and fine as specified below on a form that describes the nature of the violation, the rule violated, the date on which it occurred and the corrective measures to be taken: (1) Residential Water Users i. For the first violation, $50.00. ii. For the second violation, $100.00. " violatien is an f aeti iii. For the third violation, $200.00, along with the insta"atien of constitutes , fnisdemeane iv. For a fourth and subsequent violations, $20^, p'.. of wtee. In addition, the director of utilities may authorize the installation of a flow restriction device at the customer's expense or terminate water service for flagrant or continuing disregard by the customer of mandatory water shortage restrictions including the designated days of watering. Such flow restrictor installation or termination of service shall continue until the director of utilities is satisfied that the customer will comply with all water shortage rules going forward. The water user shall also pay all utilitysem,iee, fees and flow restrictor installation costs and, in the case of service termination and reconnection charges in effect at the time of service termination in order to restore water service. (2) Commercial and Public Agency Water Users i. For the first violation, $100.00. ii. For the second violation, $300.00. A ^^^end viol ti ^ ^ ixm., e ratio nvir. iii. For the third violation, $600.00, In. fiev', -rest-ries-of at the eustafner's expense. A third violatiRn iv. For a fourth and subsequent violation, $600, plus teFFAination of��—�. tef serviee. In addition, the director of utilities may authorize the installation of a flow restriction device at the customer's expense or terminate water service for fla rant or continuing disregard by the customer of mandatory water shortage restrictions including the designated days of watering. Such flow restrictor installation or termination of service shall continue until the director of utilities is satisfied that the customer will comply with all water shortage rules going forward. The water user shall also pay all eutshancling tAility serviee fees and flow restrictor installation costs and, in the case of service termination, and -reconnection charges in effect at the time of service termination in order to restore water service. 2. During a declared Phase Il, III, or IV water shortage, the Water Utility will impose a drought charge, per CCF (hundred cubic feet), in excess of a certain threshold for each water shortage Phase. Said threshold for each water shortage Phase shall be established by the director of utilities, at the time the drought charge is imposed. The threshold for each water shortage Phase will be established by taking into account the following factors: (1) declared water shortage Phase; (2) amount of water conserved by water users; (3) month of year and seasonal variations in water demand by different types of water users; (4) average water consumption by customer class as determined by meter size; and (5) tiered rate thresholds of existing Water Rate Schedule B in effect at the time a water shortage Phase is declared. F. APPEALMEARING REGARDING VIOLATIONS: M -AW wpm. Anv water user receiving notice of a violation of this Rule 21 shall have a right to appeal the citation to the assistant director — customer care & solutions (or designee) within ten (10) days of the notice of violation. The appeal, and the basis for the appeal, shall be in writing and contain a contact email address or telephone number in case further information or clarification is desired. The decision by the assistant director shall be in writing and shall be made within 15 days of the appeal. For an appeal of a first citation, the decision of the assistant director shall be final. A water user may request a hearing by the director of utilities (or designee) to appeal the decision by the assistant director for a second or subsequent citation. The request for hearing shall be made in writing within ten (10) days of the appeal decision. The anneal hearing will be scheduled to occur within a reasonable period of time following filing of the appeal No formal rules of evidence shall apply. All evidence customarily relied upon by reasonable persons in the conduct of serious business affairs will be allowed and the water user may present any such evidence which shows the alleged violation of this Rule's water use restrictions has not occurred. The decision of the director of utilities will be given in writing to the water user within 15 days after the appeal hearing, and that decision shall be final.