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HomeMy WebLinkAboutOrdinance No. 91-O4 ORDINANCE NO. 91-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING CHAPTER 16. 38 OF THE AZUSA MUNICIPAL CODE ENTITLED "WATER CONSERVATION PLAN" THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Azusa does hereby find, determine and declare that: A. Water is a limited resource, and therefore desires to improve the effectiveness of water use within the City's service area and encourage citizens to use water wisely, and B. New development is better able to provide and install water conservation measures and devices beyond those required by existing development, and such measures and devices, as set forth in this Ordinance will significantly reduce wasteful and inefficient consumption of water, and C. By reason of an increasing overdraft of the water table due to the current drought conditions, it is necessary to adopt and enforce a water conservation plan to conserve the water supplies of the City for the greatest public benefit with particular regard to domestic use, sanitation and fire protection. D. On April 1, 1991, the City Council of the City of Azusa held a duly noticed public hearing pursuant to Section 350 et seq. of the Water Code to consider adoption of this Ordinance. Prior to adopting this Ordinance, the City Council carefully considered the comments of members of the public who spoke or submitted written documents. SECTION 2. Chapter 16.38 of the Azusa Municipal Code is hereby amended to read as follows: CHAPTER 16.38 Water Conservation Plan 16.38. 010 Definitions. For the purpose of this Chapter, the following definitions shall apply: A. "Excess Run-off" means water accumulation on streets, gutters, neighboring properties or other surfaces in an amount sufficient to cause flow. B. "New Development" means any addition, extension, conversion or enlargement of an existing structure, or any new construction requiring a building permit. 16. 020 Application -- Water Users. The provisions of this Chapter apply to all water users. Water users are defined as those persons, customers, and property served within the incorporated boundaries of the City of Azusa and the area outside the City boundary served by the Azusa water utility. 16. 38. 030 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 run off. In multiple dwellings, the owner is the water user in control of the premises and is in control and responsible for the water usage. 16. 38.040 Water Uses Prohibited - Phase I Shortage. Phase I shortage shall be declared and conservation measures listed below shall be implemented when the Director of Utilities declares a drought condition and/or the San Gabriel Valley Municipal Water District formally notifies the City that the State Department of Water Resources (DWR) has reduced the water supply from the State Water Project (SWP) to the Water District by at least 20 percent. No water user within the City of Azusa and the service area of the Azusa water utility 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 any provision of this Chapter, or in any amount in excess of that use permitted by the conservation stages hereinafter designated: A. No water user shall cause or permit any water furnished to any property within the City and the Azusa water utility service area to run or to escape 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 running or escaping can reasonable be prevented. In the event of a break or leak within the consumer's plumbing or private distribution system, it shall be presumed that a period of forty-eight (48) hours after the consumer discovers such a break or leak, or receives notice from the Light and Water Department of such a break or leak, whichever occurs first, is a reasonable time within which to correct such a break or leak. If such a break or leak is not corrected after forty-eight (48) hours, it will be a violation of this Ordinance. B. Commercial and non-commercial 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 substantial amounts of excess water to run off the area being watered shall not be permitted. A minimum amount of run-off which is a natural consequence of conservative watering, either by hand or mechanical sprinkling facilities, is permitted so long as such run-off is not excess as defined in Section 16. 38.010 of this Chapter. C. Lawn watering, landscape irrigation, and watering of public and private recreation facilities is to be done only between 6: 00 p.m. and 8: 00 a.m. If a hand-held hose or drip irrigation system is used, watering may be done at any time. D. Agricultural water users and commercial nurseries shall conduct watering between 6: 00 p.m. and 11: 00 a.m. If a hand-held hose or drip irrigation system is used, watering may be done at any time. Watering of livestock is permitted at any time. E. 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. F. Restaurants may not serve water to their customers, except on specific request by the customer. G. 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. H. 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, safety and welfare of the residents of Azusa and customers of the Azusa water utility. I. Schools, golf courses, governmental agencies, City parks and cemetaries, public or private, may be required to submit a copy of a water conservation plan and landscape irrigation schedules. J. 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 shut-off nozzle for quick rinse, except that washing may be done with reclaimed wastewater or by commercial car wash using recycled water. K. 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. L. The filling or replenishment of swimming pools shall be permitted but the property owner will be liable for any use of allotted water in excess of the Phase II or Phase III requirements. M. 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. 16. 38.041 Phase II Shortage. A. A Phase II shortage shall be declared by the Director of Utilities and conservation measures listed below shall be implemented when the San Gabriel Valley Municipal Water District formally notifies the City that DWR has reduced the water supply from the SWP to the Water District by at least 50 percent. 1. Conservation measures listed in Section 16. 38. 040 shall be in effect, except that the restrictions on watering lawns, landscapes and other turf area shall be modified to limit the watering only once every third day between the hours of 6: 00 p.m. and 6: 00 a.m. 2. Agricultural and commercial nurseries, and golf courses shall be prohibited from watering lawn, landscape, or commercial stocks more often than every other day and between the hours of 10: 00 a.m. and 6:00 p.m. , except that there shall be no restriction of watering utilizing reclaimed wastewater. B. No customer whose water is supplied by the City of Azusa shall make, cause, use or permit the use of water for any purpose in an amount in excess of ninety percent (90%) of the amount of use on the customers premises during the corresponding billing period during the prior calendar year. 1. Exemption. Single family residential customers supplied water by the City shall not be required to reduce consumption below 17 (ccf) billing units per month during Phase II. 16. 38. 042 Phase III Shortage. A. A Phase III shortage shall be declared by the Director of Utilities and its conservation measures listed below shall be implemented when the San Gabriel Valley Municipal Water District formally notifies the City that DWR has reduced the water supply from the SWP to the Water District by at least 90%. 1. Conservation measures listed in 16.38. 040 shall be in effect, except that there shall be no watering of residential lawn, landscaping and other turf areas at any time except by bucket. 2. Agricultural, commercial nursery, golf courses, parks and other public open spaces, commercial landscaped areas shall be prohibited from watering more often than every third day and between the hours of 10: 00 a.m. and 6:00 p.m. ; except that there shall be no restriction on watering utilizing reclaimed waste water. B. No customer whose water is supplied by the City of Azusa shall make, cause, use or permit the use of water for any purpose in an amount in excess of eighty percent (80%) of the amount of use on the customers premises during the corresponding billing period during the prior calendar year. 1. Exemption. Single family residential water users supplied water from the City shall not be required to reduce consumption below 15 (ccf) billing units per month during Phase III. 16.38.050. New Development - Standards. All new development shall be in accordance with the provisions of this Chapter as follows: A. All new structures shall be equipped with low-flush toilets, as per Section 17921.3 of the California Health and Safety Code, and with low-flow showers and faucets, as per Title 24, Part 6, Article 1, T20-1406F of the California Administrative code, in addition to the insulating of all hot water lines in non-habitable areas, according to California Energy Commission regulations. B. Any additions to existing structures shall be equipped with low-flush toilets, as per Section 17921.3 of the California Health and Safety Code, and with low- flow showers and faucets, as per Title 24, Part 6, Article 1, T20-1406F of the California Administrative Code, in addition to the insulating of all hot water lines in non-habitable areas, according to California Energy Commission regulations. C. Multiple shower and lavatory installations within non-residential facilities shall be equipped with self- closing valves, except where necessary to protect the public health and safety. D. It is required that all environmental evaluations for proposed development include projections for the consumption of potable and (where feasible) reclaimed water, and for the generation and disposal of liquid and solid wastes. E. Large water users shall be encouraged to implement water recycling re-use processes. F. Large water users shall submit a water conservation plan to the Light and Water Department and promote implementation of the same. 16. 38. 060 Landscape and Irrigation -- Standards. The Azusa Light and Water Department shall require as a condition of service under all applications for new or increased service connections the following conditions: A. For services other than single-family residences, applicants shall submit landscape and irrigation plans for review by the Light and Water Department or another City department designated by it. Said new landscapes shall meet, and continue to meet, the requirements set forth by the Department's Landscape Guidelines. B. For services other than single-family residences, applicants shall: 1. Notify the Light and Water Department or its designee prior to installation of irrigation systems to schedule site inspection for compliance to the requirements of this Section; 2. Notify the Light and Water Department or its designee upon completion of landscape installation to schedule an irrigation system evaluation; 3 . Water services will be rendered upon meeting the Landscape Guidelines. C. The Light and Water Department will consider and may allow the substitution of well-designed conservation alternatives or innovations which may equally reduce water consumption for any of these requirements. 16. 38. 071 Exceptions and Relief from Compliance. A. A water user may file an application for relief from any provisions of this Ordinance. The Director of Utilities shall develop such procedures as he considers necessary to resolve such applications in accordance with the terms of this Section and shall, upon the filing by a water user of an application for relief, take such steps as he or she deems reasonable to resolve the application for relief. The Director of Utilities may delegate his duties and responsibilities under this Section as appropriate. B. The application for relief may include a request that the water user be relieved, in whole or in part, from the water use curtailment provisions of Sections 16. 38. 041(B) and 16.38. 042 (B) . C. In determining whether to grant relief, and the nature of any relief, the Director of Utilities shall take into consideration all relevant factors including, but not limited to: 1. Whether any additional reduction in water consumption will result in unemployment; 2. Whether additional members have been added to the household; 3. Whether any additional landscaped property has been added to the property since the corresponding billing period of the prior calendar year; 4. Changes in vacancy factors in multi-family housing; 5. Increased number of employees in commercial, industrial, and governmental offices; 6. Increased production requiring increased process water; 7. Water uses during new construction; 8. Adjustments to water use caused by emergency health or safety hazards. 9. First filling of a permit-constructed swimming pool; and 10. Water use necessary for reasons related to family illness or health. D. In order to be considered, an application for relief must be in writing, filed with the Director of Utilities or designee within twenty (20) days from the date the provision from which relief is sought becomes applicable to the applicant. No relief shall be granted unless the water user shows that he or she has achieved the maximum practical reduction in water consumption other than in the specific areas in which relief is being sought. No relief shall be granted to any water user who, when requested by the Director of Utilities or designee, fails to provide any information necessary for resolution of the water user's application for relief. The decision shall be issued within fifteen (15) days and provided to the water user. E. The decision may be appealed as set out in Section 16. 38. 090C. Section 16.38. 080 Notice and Penalties. The City will impose the following penalties to consumers in violation: A. The Light and Water Department shall give first-time violators of this Chapter, excepting 16. 38. 041(B) and 16. 38. 042 (b) a courtesy notice of the violation. Upon second and subsequent violations, the violator shall receive a citation and fines respectively. B. The first citation shall specify the nature of the violation, the date on which it occurred and the corrective measures to be taken. Upon a second citation, the water user shall be charged with an infraction and shall be subjected to the following fines: 1. $50. 00 for the first violation; 2 . $100. 00 for the second violation; 3 . $200. 00 for the third violation along with the installation of a flow restrictor at the customer's expense. A third violation constitutes a misdemeanor. 4. Termination of water service for a fourth violation. The charge for water service termination and restoration shall be $100. 00. C. For each violation by any water user of the water use curtailment provisions of Sections 16.38. 041(B) and 16. 38.042 (B) , a surcharge shall be imposed in an amount equal to twenty-five percent (25%) of the portions of the water bill that exceeds the respective percentages set in those two subsections. This surcharge shall be paid to the City and shall be deposited in the Water Revenue Fund as partial payment for the Water Department's Conservation Plan as to that user. D. These provisions shall be considered 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 those rules and regulations. 16.38.090 Hearing Regarding Violations. A. Any water user receiving notice of a second or subsequent violation of the provisions of this Chapter shall have a right to a hearing by the Director of Utilities or his designee. B. The water user's written request for a hearing must be received within ten (10) days of the issuance of the notice of violation. This request shall stay installation of a flow-restricting device on the water user's premises and the imposition of any surcharge until the Director of Utilities or designee renders his decision. His decision shall be issued within fifteen (15) days after the hearing and shall provide a copy to the water user. C. The decision of the Director of Utilities or his designee may be appealed to the City Administrator by the water user filing with the City Administrator a written request for appeal within fifteen (15) days of receipt of the decision. Filing of such a request stays implementation of any surcharge or installation of flow restrictor. D. The appeal hearing will be scheduled to occur within a reasonable period of time following filing of the appeal. No formal rules of evidence 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 wasteful water use has not occurred. The decision of the City Administrator will be given in writing to the water user within fifteen (15) days after the appeal hearing and that decision shall be final. 16. 38. 100 - Additional Water Shortage Measures. The City Council may order implementation of water conservation measures in addition to those set forth in Sections 16. 38, 040, 16.38. 041 and 16.38. 042 . 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 Azusa water utility. Any prohibitions on the use of water shall become effective immediately upon such publication. The application of surcharge shall commence one month after the date the curtailment becomes effective. 16.38. 110 - Public Health and Safety Not to be Affected Nothing in this Ordinance shall be construed to require the Director of Utilities or designee 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 hereunder shall be in addition to any other rights of the City under any other applicable laws. 16. 38. 120 - Severability_ If any section, subsection, sentence, clause, phrase, word or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City hereby declares that it would have adopted this Ordinance and all provisions hereof irrespective of the fact that any one or more of the provisions be declared invalid or unconstitutional. SECTION 3 . The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 6th day of MAY, 1991. gr41/. 110400gmosw ata MAYOR STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) ss. CITY OF AZUSA) I, ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 91-04 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 15th day of April, 1991. That thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council of the 6th day of May, 1991, by the following vote, to wit: AYES: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: NONE ABSENT:NONE � L f ? CIJ1Y/CL�FRR