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HomeMy WebLinkAboutOrdinance No. 2447 ORDINANCE NO. 2447 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA ADDING CHAPTER 16.38 TO 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. California Government Code Section 36934 authorizes the Azusa City Council to pass urgency ordinances which are effective immediately upon approval and adoptions by the City Council, and D. By reason of an increasing overdraft of the water table due to the current drought conditions, it is necessary to adopt and enforce an urgency 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. SECTION 2. Chapter 16. 38 is hereby added to the Azusa Azusa Municipal Code 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. 38. 020 Application -- Water Users. The provisions of this Chapter apply to all water users. Water users being 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. 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 an 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 other- wise escape from the property if such running or escaping can reasonably 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 a 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. during the months of May through October. 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. during the months of May through October. 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 requests 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. Use of 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 cemeteries, public or private, may be required to submit a copy of a water conservation plan and landscape irrigation schedules. 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, a 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 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 system 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. 16.38.070 Exceptions. The Director of Utilities of the City of Azusa may grant variances for uses of water otherwise prohibited by this Chapter if he finds and determines that: A. Failing to do so would cause an unnecessary and undue hardship to the applicant or the public, including, but not limited to, adverse economic impacts, such as loss of production or jobs. B. Failure to do so would cause an emergency condition affecting the health, sanitation, fire protection or safety of the applicant or the public. Requests for exemptions can only be made by the service customer or property owner. 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 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. Terminate water service for a fourth violation. The charge for water service termination and restoration shall be $100. 00. 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 4th day of June , 1990. elpfd ‘"),VQ1-e 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. 2447 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 21st day of May, 1990. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 4th day of June , 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE M.."."41, CITY