HomeMy WebLinkAboutOrdinance No. 2015-O5ORDINANCE NO. 2015-05
AN ORDINANCE OF THE CITY COUNCIL/UTILITY BOARD OF THE
CITY OF AZUSA, CALIFORNIA AMENDING DIVISION 6 OF ARTICLE
VI OF CHAPTER 78 OF THE AZUSA MUNICIPAL CODE REGARDING
WATER CONSERVATION
WHEREAS, on April 1, 2015, Governor Brown issued an Executive Order mandating
that the State Water Resources Control Board impose a 25% state-wide reduction in urban water
usage from a 2013 baseline; and
WHEREAS, the State Water Resources Control Board issued regulations for
implementing the Executive Order, which included a tier system for water reduction targets by
water agency ranging from 8% to 36%; and
WHEREAS, Azusa Light and Water must reduce water production by 20%; and
WHEREAS, the Utility Board has recently approved several amendments to Water
Utility Rule No. 21, Water Conservation, to further aide in the mandatory 20% water reduction;
and
WHEREAS, because of the significance of the City's water conservation ordinance, it is
important to maintain consistency between the City's Municipal Code and the Rules and
Regulations with respect to enforcing water conservation requirements both inside and outside of
the City;
THE CITY COUNCIL OF THE CITY OF AZUSA CALIFORNIA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Amendment to AMC. Division 6 of Article VI of Chapter 78 of the Azusa
Municipal Code is hereby deleted in its entirety and restated as set forth in Exhibit "A" which is
attached to this resolution and made a part hereof.
SECTION 2: If any provision of this Ordinance is found to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, it is the intent of the City Council that
such portion of this Ordinance be severable from the remainder and that the remainder be given
full force and effect.
SECTION 3: Effective Date. This Ordinance shall take effect thirty (30) days after its
passage.
SECTION 4: The City Clerk shall certify to the passage and adoption of this Ordinance,
causing it to be published/posted as required by law.
PASSED, APPROVED and ADOPTED this 27`h day of July, 2015.
,0//
ez
J seph omero Rocha
Mayor
ATTEST:
'STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Ordinance No. 2015-05, was duly introduced
and placed for its first reading at a regular meeting of the Azusa Utility Board on the 22nd day of
June, 2015, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting
of the Azusa Utility Board on the 27`h day of July, 2015 by the following vote of the
Council/Utility Board:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Je e: n Comejo, Jr , \
City Clerk
APPROVED AS TO FORM:
—�A
Best B st & Krieger LLP
City At orney
EXHIBIT A
AZUSA MUNICIPAL CODE CHAPTER 78 (UTILITIES) ARTICLE VI (WATER)
DIVISION 6. - CONSERVATION PLAN
Sec. 78-501. - Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Commercial and public agency water user includes: (1) any water user or customer
conducting business, either retail, commercial, or industrial; and (2) any water user that is a
public or governmental entity, such as the state government, school district, community college,
the county, city or municipal government, or special district; and (3) any water user that owns
and manages residential property, including HOAs, where the water meter serves landscaped
areas commonly shared by multiple residential units.
Excess runoff means water accumulation on streets, gutters, neighboring properties or other
surfaces in an amount sufficient to cause flow.
New development mean's any addition, extension, conversion or enlargement of an existing
structure or any new construction requiring a building permit.
Residential water user means water customers that pay for water service to their individual
residential dwelling unit or customers that pay for water service provided to single dwelling units
that are rented or leased.
Upper basin means the underground aquifer located in the City of Azusa north of Siena
Madre.
Water user means any person, customer or property served within the incorporated
boundaries of the city and the area outside the city boundary served by the city water utility.
Water utility: means Azusa Light & Water's water utility.
See. 78-502. - Applicability.
This division shall apply to all water users.
Sec. 78-503. - Water user responsibility.
Water users are deemed to have under control at all times their water distribution and
facilities and to know the manner and extent of their water use and excess runoff. In multiple
dwellings, the owner is the water user in control of the premises and is in control and responsible
for the water usage.
Sec. 78-504. - Phase I water shortage.
(a) A Phase I water shortage may be declared by the director of utilities if any combination of
events or factors threaten the adequacy of foreseeable water supply to consumers; qualifying
factors to be considered in making a water shortage declaration include, but are not limited
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to, time of year, local rainfall, state water project allocations, safe yield as determined by the
San Gabriel Basin Watermaster, amount of runoff into the San Gabriel and Morris dams,
ground water level in different basins, especially the upper basin, and any major operating
emergencies or natural disasters that cause damage to the water supply or water distribution
system. Prior to making a public announcement of a Phase I water shortage, the director of
utilities shall document the basis for the water shortage declaration and communicate this
information to the city manager and city council.
Under a declared Phase I water shortage, conservation measures listed in this section shall
be implemented. No water user within the water utility's service area shall knowingly make,
cause, use or permit the use of water for residential, commercial, industrial, agricultural or
any other purpose in a manner contrary to this division or in any amount in excess of that
use permitted by the conservation phases designated in this division. Mandatory water
conservation measures shall be as follows:
(1) No water user shall cause or permit excess runoff to occur from any hose, pipe, valve,
faucet, sprinkler or irrigation device onto any sidewalk, street or gutter or to otherwise
escape from the property if such flow or runoff can reasonably be prevented.
(2) If a break or leak occurs within the water user's plumbing or private distribution system,
the leak shall be repaired within 48 hours after the water user discovers the leak or after
the water user is notified of the leak.
(3) Commercial and noncommercial watering of grass, lawns, ground cover, open ground,
shrubbery, crops, gardens and trees, including agricultural irrigation, in a manner or to
an extent which allows excess runoff from the area being watered shall not be
permitted. Runoff which is a natural consequence of conservative watering, either by
hand or mechanical sprinkling facilities, is permitted so long as such runoff is not
excess runoff as defined in section 78-501.
(4) There shall be no lawn watering and landscape irrigation by residential water users
between the hours of 9:00 a.m. and 6:00 p.m. on any day of the week.
(5) There shall be no lawn watering and landscape irrigation by Commercial and public
agency water users between 9:00 a.m. and 6:00 p.m. on any day of the week.
(6) There shall be no washing down of sidewalks, walkways, driveways, parking lots and
all other paved surfaces, except to alleviate immediate health, fire or sanitation hazards.
(7) Restaurants and food serving establishments shall only serve water to their customers
upon request of each customer, and shall not operate a water hose without a positive
shutoff nozzle. Restaurants and food serving establishments provided with public
information by the city's water utility about a water shortage shall post the information
so that it is made available to customers.
(8) It is unlawful to remove, replace, alter or damage any water meter or any components
thereof, including but not limited to the meter face, its dials or other water usage
indicators and any flow -restricting device installed.
(9) Water from fire hydrants shall not be used for any purpose other than to fight fires or
for other activities where such use is immediately necessary to maintain the health,
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safety and welfare of the residents of the city and customers of the city water utility.
Metered water use for control of dust and at construction sites shall be considered
necessary to maintain health and safety and are eligible uses of water from fire
hydrants.
(10) Schools, golf courses, governmental agencies, city parks and cemeteries, public or
private, are required to reduce the amount of water used for irrigation purposes to levels
sufficient to maintain plant life or public use thereof. Excessive use of irrigation
systems for long periods of time is prohibited and may be determined by the frequency
and duration of irrigation activity, water saturated or overly soft turfs, lawns, and soils,
or pooling of water on turfs, lawns, or soils. Water users under this section may be
required to submit a copy of a water conservation plan and landscape irrigation
schedules.
(11) Washing of motor vehicles, trailers, boats and other types of equipment shall be done
only with a hand-held bucket or a hose equipped with a positive shutoff nozzle for
quick rinse, except that washing may be done with reclaimed wastewater or by a
commercial car wash using recycled water. No excess runoff shall result from such
activities as defined in section 78-501.
(12)No water shall be used to clean, fill or maintain levels in decorative fountains, ponds,
lakes or other similar aesthetic structures, unless such water is part of a recycling
system.
(13)The filling or replenishment of swimming pools shall be permitted, but the property
owner will be liable for possible charges in the event a Phase II, III or Phase IV drought
is declared.
(14)The owner and operator of every hotel, motel, inn, guest house and short-term
commercial lodging shall post a notice of water shortage and any necessary compliance
measures.
(15) There shall be no watering during rain events or within 48 hours after rain events.
(b) Azusa Light and Water shall publish the declaration of a Phase I water shortage in a local
newspaper of general circulation.
Sec. 78-505. - Phase II water shortage.
(a) A Phase II water shortage may be declared by the director of utilities if any of the conditions
in section 78-504(a) for a Phase I water shortage are met, and it has been determined that
there is need to reduce water consumption by up to ten percent based on available water
supply and demand information. Prior to making a public announcement of a Phase II water
shortage, the director of utilities shall document the basis for the water shortage declaration
and communicate this information to the city manager and city council. Under a declared
Phase II water shortage the following conservation measures shall be implemented:
(1) Conservation measures in effect during a Phase I water shortage, except that the
restrictions on watering lawns, landscapes and other turf areas shall be modified to limit
watering by residential water users to Tuesdays, Thursdays and Sundays for customers
with a street address number ending in an even number (0,2,4,6 or 8), and to Mondays,
Page 3
Wednesdays and Saturdays for customers with a street address number ending in an odd
number (1,3,5,7 or 9). If a bucket or watering can, rain barrel, a drip irrigation system
or reclaimed, recycled or gray wastewater is used, watering may be done on any day. If
a hand-held hose with a positive shutoff nozzle is used for watering, such use is
restricted only to designated days. Watering shall be limited to no more than 30 minutes
per location per day and no watering is allowed between 9:00 a.m. and 6:00 p.m.
(2) Lawn watering, landscape irrigation and the use of a hand-held hose with a positive
shutoff nozzle by Commercial and public agency water users shall be limited to
Mondays, Wednesdays and Fridays, except that there shall be no day restriction of
watering utilizing a bucket, watering can, rain barrel, a drip irrigation system, or a
system which uses reclaimed, recycled, or gray wastewater. If a hand-held hose with a
positive shutoff nozzle is used for watering, such use is restricted only to designated
days. Watering shall be limited to no more than 30 minutes per location per day and no
watering is allowed between 9:00 a.m. and 6:00 p.m.
(3) If a Phase II water shortage is declared, water users will be subject to the drought
charge pursuant to section 78-511(b).
(b) Azusa Light and Water shall publish the declaration of a Phase II water shortage in a local
newspaper of general circulation, including the drought charge and implementation date of
the declaration.
See. 78-506. - Phase III water shortage.
(a) A Phase III water shortage may be declared by the director of utilities if any of the
conditions in section 78-504(a) for a Phase I water shortage are met, and it has been
determined that there is need to reduce water consumption by up to 20 percent based on
available water supply and demand information. Prior to making a public announcement of a
Phase III water shortage, the director of utilities shall document the basis for the water
shortage declaration and communicate this information to the city manager and city council.
Under a declared Phase III water shortage the following conservation measures shall be
implemented:
(1) Conservation measures under a Phase I water shortfall declaration shall be in effect,
except that the restrictions on watering lawns, landscapes and other turf areas shall be
modified to limit water use as follows:
April 1 through October 31
On Thursdays and Sundays for residential water customers with a street address number
ending in an even number (0,2,4,6 or 8), and to Wednesdays and Saturdays for
customers with a street address number ending in an odd number (1,3,5,7 or 9). If a
bucket or watering can, rain barrel, a drip irrigation system, or reclaimed, recycled or
gray wastewater is used, watering may be done on any day. If a hand-held hose with a
positive shutoff nozzle is used for watering, such use is restricted only to designated
days.
On Mondays and Fridays, for Commercial and public agency water users, except that
there shall be no day restriction of watering utilizing a bucket or watering can, rain
Page 4
barrel, a drip irrigation system, or a system which uses reclaimed, recycled or gray
wastewater. If a hand-held hose with a positive shutoff nozzle is used for watering, such
use is restricted only to designated days.
November 1 through March 31
On Sundays for residential water customers with a street address number ending in an
even number (0,2,4,6 or 8), and to Saturdays for customers with a street address number
ending in an odd number (1,3,5,7 or 9). If a bucket or watering can, a rain barrel, a drip
irrigation system, or reclaimed, recycled or gray wastewater is used, watering may be
done on any day. If a hand-held hose with a positive shutoff nozzle is used for watering,
such use is restricted only to designated days.
On Mondays for Commercial and public agency water users, except that there shall be
no day restriction of watering utilizing a bucket or watering can, rain barrel, a drip
irrigation system, rain barrel, or a system which uses reclaimed, recycled or gray
wastewater. If a hand-held hose with a positive shutoff nozzle is used for watering, such
use is restricted only to designated days.
(2) Watering shall be limited to no more than 30 minutes per location per day and no
watering is allowed between 9:00 a.m. and 6:00 p.m.
(3) Hotels/motels shall notify and provide guests with an option of not having towels and
linen laundered daily.
(4) If a Phase III water shortage is declared, water users will be subject to a drought charge
pursuant to section 78-51 I(b).
(b) Azusa Light and Water shall publish the declaration of a Phase III water shortage in a local
newspaper of general circulation, including the drought charge and implementation date of
the declaration.
See. 78-507. - Phase IV shortages.
(a) A Phase IV water shortage may be declared by the director of utilities if any of the
conditions in section 78-504(a) for a Phase I water shortage are met, and it is determined
that there is a need to reduce water consumption by up to 30 percent, based on available
water supply and demand information. Prior to making a public announcement of a Phase IV
water shortage, the director of utilities shall document the basis for the water shortage
declaration and communicate this information to the city manager and city council. Under a
declared Phase IV water shortage the following conservation measures shall be
implemented:
(1) Conservation measures under a Phase I water shortfall declaration shall be in effect,
except that the restrictions on watering lawns, landscapes and other turf areas shall be
modified to limit watering by residential water users to Sundays for customers with a
street address number ending in an even number (0,2,4,6 or 8), and to Saturdays for
customers with a street address number ending in an odd number (1,3,5,7 or 9). If a
bucket or watering can, rain barrel, a drip irrigation system, or a system which uses
Page 5
reclaimed, recycled or gray wastewater is used, watering may be done on any day. If a
hand-held hose with a positive shutoff nozzle is used for watering, such use is restricted
to only designated days. Watering shall be limited to no more than 30 minutes per
location per day and no watering is allowed between 9:00 a.m. and 6:00 p.m.
(2) Lawn watering and landscape irrigation by Commercial and public agency water users
shall be limited to Mondays, except that there shall be no day restriction of watering
utilizing a bucket or watering can, rain barrel, a drip irrigation system, or system which
uses reclaimed, recycled or gray wastewater. If a hand-held hose with a positive shutoff
nozzle is used for watering, such use is restricted to only designated days. Watering
shall be limited to no more than 30 minutes per location per day and no watering is
allowed between 9:00 a.m. and 6:00 p.m.
(3) Hotels/motels shall notify and provide guests with an option of not having towels and
linen laundered daily.
(4) If a Phase IV water shortage is declared, water users will be subject to a drought charge
pursuant to section 78-511(b).
(b) Azusa Light and Water shall publish the declaration of a Phase IV water shortage in a local
newspaper of general circulation, including the drought charge and implementation date of
the declaration.
Sec. 78-508. - New development standards.
(a) A condition for approval on all new residential construction is designed to balance the water
demand of new construction with the potential water savings from existing housing units.
Retrofit measures are intended to save water equivalent to the amount which would
otherwise be purchased by the city at greater economic and environmental costs.
(b) All new developments shall receive a water allocation based on the indoor water
requirements of similar uses. Additional water allocations for landscaping purposes shall be
given to development that has not been landscaped. New landscaping shall comply with all
applicable sections of this division.
(c) New residential development shall adequately offset its water requirements, for each
proposed new housing unit, by an ultra-low flow toilet of a maximum 1.6 gallons per flush,
a faucet aerator of a maximum 2.2 gallons per minute, and a water -saving showerhead of a
maximum 2.25 gallons per minute which meet Title 24 requirements, American National
Standards Institute Standard At 12.19.2 and this division, in a minimum of two existing
single-family or three existing multiunit housing units or according to the following ratio
table:
Page 6
FRetrofit Requirement for New Development.
I
Apartment
Townhome/
Condominium
Single -Family
Home
Apartment
3
3.5
2
Townhome/condominium
i
3.5
3
2
Single-family home
4
3.5
3
(d) Any new development for which a building permit has been obtained prior to November
1, 2007, shall be exempt from this section.
(e) If the director of utilities determines that actual retrofitting of existing homes is impractical
or constitutes an unusual hardship on an applicant, the director may authorize the payment to
the light and water department of an in -lieu retrofit fee equivalent to the cost of retrofitting
existing homes with ultra-low flow toilets and other required water saving devices. The fee
shall also include the cost of staff time to administer the retrofit program. The light and
water department is authorized to require retrofitting and not accept in -lieu retrofit fees,
regardless of hardship, if it appears unlikely the department or its authorized plumbing
contractor can complete the retrofitting in the expected households. In -lieu fees must be paid
upon issuance of a building permit so that sufficient time exists for the retrofits to be made
prior to occupancy of new development.
(f) The light and water department will determine the number of existing homes that will offset
the water use of each new residential development and verify that the required retrofits have
been completed prior to issuance of a certificate of occupancy.
(g) Anyone requesting a building permit for the remodeling of or addition to an existing home
must replace the existing toilets with ultra-low flow toilets if the value of the renovation is
equal to 25 percent of the assessed valuation of the home.
(h) New construction multiplex housing must meet the requirements for new development as
stated in this section.
(i) Nonresidential construction projects will have the water demand evaluated during the
project review stage. If the project is identified as a major water user, the water demand
shall be mitigated through offsite retrofitting or some other method determined to be
appropriate.
(j) All new construction by governmental and nonprofit agencies shall be exempt from
retrofitting.
(k) Construction of new housing units that have been restricted for occupancy by low-income
residents under agreement with the city or the city redevelopment agency shall be exempt
from retrofitting. A low-income housing project is defined as one which either sells or rents
to households whose gross annual income is less than 80 percent of the median income for
Page 7
the county, adjusted for household size. The low-income housing unit must be restricted to
occupancy for low-income households for a minimum period of ten years.
(1) Construction of new housing units that have been restricted for occupancy for a senior
citizen housing community under agreement with the city or the city redevelopment agency
shall be exempt from retrofitting. A senior citizen housing community must be restricted to
selling or renting to senior citizens for a minimum period of ten years.
(m) With the approval of the director of utilities, developers may retrofit school, nonprofit and
government buildings to meet their retrofit requirements.
(n) Anyone with adjudicated water rights which are dedicated to the city may use such water to
partially offset the city's need to acquire water for the new development. The formula to
determine the retrofit requirements in such cases shall be as follows: For every acre-foot of
water rights dedicated, developers will be allowed the equivalent of two existing single-
family homes to be exempted from the retrofit requirement. For additional homes which
exceed this formula, the standard retrofit formula shall be followed to determine the required
number of retrofits.
(o) The fee for an application for a plumbing permit shall be waived for retrofits associated with
the retrofit program.
(p) The city shall withhold building permits, certificates of occupancy and water connections to
any developer pending compliance with this section.
Sec. 78-509. - Reserved.
Sec. 78-510. - Request for relief from compliance.
(a) A water user may file a written request for relief from compliance with the various
programmatic water use restrictions of this division 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.
(b) The relief request may include a request that the water user be relieved, in whole or in part,
from the water use restrictions included in sections 78-504(a)(1)-(14), 78-505(a)(1)(2), 78-
506(a)(1)(2) and 78-507(a)(1)(2). A water user may not apply for relief from Emergency
Commodity Rates or drought charges in section 78-511(b).
(c) The relief request may include various justifications for exemption, including but not limited
to the following:
(1) Whether any additional reduction in water consumption will result in unemployment or
significant loss of income from commercial or industrial activities;
(2) Water uses during new construction;
(3) Adjustments to water use caused by emergency health or safety hazards;
(4) Water use necessary for reasons related to family illness or health.
(d) 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. No relief shall be granted unless the
Page 8
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. A decision hereunder maybe appealed 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.
Sec. 78-511. - Notices, citations, penalties, charges, and service termination.
(a) Any employee of the water utility, or city employees as designated by the director of
utilities may issue citations for violations of this division. Water users as defined in section
78-501 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 division:
(1) If the director of utilities has declared a Phase I water shortage pursuant to section 78-
504, 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 section 78-511(a)(2).
(2) If the director of utilities has declared a Phase II, Phase III or Phase IV water shortage
pursuant to sections 78-505(a), 78-506(a) or 78-507(a), respectively, violators shall
receive a citation and fine as specified below on a form that describes the nature of the
violation, the Municipal Code Section violated, the date on which it occurred and the
corrective measures to be taken:
a. Residential water users:
1. For the first violation, $50.00.
2. For the second violation, $100.00
3. For the third violation, $200.00.
4. For a fourth and subsequent violations, $200. 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 flow restrictor installation costs and, in the case of
service termination, reconnection charges in effect at the time of service
termination in order to restore water service.
b. Commercial and public agency water users:
1. For the first violation, $100.00.
2. For the second violation, $300.00.
3. For the third violation, $600.00.
Page 9
4. For a fourth and subsequent violation, $600. 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 flow restrictor installation costs and, in the case of
service termination, reconnection charges in effect at the time of service
termination in order to restore water service.
(b) During a declared Phase II, III, or IV water shortage, the Water Utility may impose a
drought charge, per CCF (hundred cubic feet), in excess of a certain threshold or for all
CCF sales. The amount and threshold for such a drought charge shall be established by
the director of utilities, with Utility Board approval at the time the drought charge is
imposed. The amount and threshold for the drought charge shall consider the following
factors as determined appropriate by the director of utilities: (1) declared water
shortage Phase; (2) amount of water conserved, or to be 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;
(5) tiered rate thresholds of existing Water Rate Schedule B or C in effect at the time a
water shortage Phase is declared; (6) projected unrecovered water utility expenses due
to conservation; and (7) drought -related expenses including, but not limited to,
enforcement, education, rebates, billing system revisions, and public communications.
The drought charge shall be subject to revision from time to time based on changed
circumstances upon recommendation by the director of utilities and Utility Board
approval.
(c) Drought Penalties shall be imposed monthly during Phases III and IV Water Shortages
and applied as follows: $0.300 per CCF for Tier 1 usage in excess of exempted usage
levels; $0.600 per CCF for Tier 2 usage; $0.900 per CCF for Tier 3 usage; and $0.335
per CCF for all Agricultural usage. Water usage under certain thresholds will be exempt
from penalty. Monthly exemption thresholds vary by meter size: the first 6 CCF will be
exempt for 5/8", 3/4" and 1" meters; the first 25 CCF will be exempt for 1.5" and 2"
meters; the first 50 CCF will be exempt for 3" and 4" meters; and the first 100 CCF of
consumption will be exempt for all other customers. Drought Penalties will remain in
effect during Phases III and IV water shortage conditions or until the Director of
Utilities, City Manager, and Utility Board recommend/approve suspension of the
penalty.
Sec. 78-512. - Hearing regarding violations.
a) Any water user receiving notice of a violation of this code 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
Page 10
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.
b) 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.
C) The appeal 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.
Sec. 78-513. - Additional measures.
The utility board of the water utility may order implementation of water conservation
measures in addition to those set forth in sections 78-504, 78-505, 78-506 and 78-507. Such
additional water conservation measures shall be implemented by resolution published one time in
a daily newspaper of general circulation covering the service area of the water utility. Any
prohibitions on the use of water shall become effective immediately upon such publication.
Sec. 78-514. - Effect on public health and safety.
Nothing in this division shall be construed to require the director of utilities to curtail the
supply of water to any water user when such water is required by that customer to maintain an
adequate level of public health and safety. The rights of the city under this division shall be in
addition to any other rights of the city under any other applicable laws.
Sec. 78-515. - Rules and regulations.
Sections 78-501 to 78-514 shall be considered part of the rules and regulations for water
service for areas served by the city outside the city limits, and any failure to comply may be dealt
with pursuant to this division and any other rules and regulations of the city's water utility.
Secs. 78-516-78-530. - Reserved.
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