Recent research by the USGS shows that the San Andreas Fault has a 21 percent probability of a magnitude 6.7 or greater earthquake by 2032. Because San Bernardino County experiences earthquakes every year, the overall probability of occurrence of this hazard to some degree is considered to be highly likely.
The San Bernardino MJHMP prioritizes 14 hazards, including earthquake, climate change, and drought, as listed below as high or medium priority. These hazards, among others, could impact the City’s water and wastewater infrastructure.
High Probability / High Impact - Earthquake/Geologic, Wildfire, and Flood High Probability / Medium Impact - Drought
Medium Probability / Medium Impact - Climate Change
CATASTROPHIC SUPPLY INTERRUPTION PLANNING
A catastrophic supply interruption occurs when a disaster suddenly disrupts all or a large portion of the water available to meet the region’s needs. The UWMP Act requires agencies to identify actions they will take if there is a catastrophic supply interruption, specifically including interruptions from a power outage, earthquake, transmission facility failure, or other non‐drought related emergency. The City has developed plans for catastrophic supply interruptions that include a regional power outage, earthquake, or other disaster.
Catastrophic supply interruption events are considered when determining the City’s overall water supply shortage as defined by the water shortage levels identified in Section 3 Water Shortage Levels.
The City does not propose to designate a specific catastrophic supply interruption water shortage level with its own shortage response actions. Rather, the resulting shortage of a catastrophic supply interruption would contribute to the City’s total projected shortage in any given year. Shortage response actions associated with the determined water shortage level will help guide the City’s response to catastrophic supply interruptions.
The City recognizes, that in the event of an emergency such as an earthquake, the integrity of the water system can be breached causing disruptions in water supply. Because of the possibility of emergencies from both man-made and natural causes, water utility emergency planning is of utmost importance.
The City’s EOP complies with the Standardized Emergency Management System (SEMS) developed by the State of California, and the National Incident Management System (NIMS) developed by the Federal Emergency Management Agency. The EOP includes information on the Emergency Operations Organization, the roles and responsibilities of each section, and includes operational checklists to guide response actions.
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35 In the event of an emergency, the City Manager will assume overall responsibility for coordinating the City’s response. The Director of Public Utilities will coordinate all activities relating to water operations.
The City has also entered into mutual aid agreements with other local cities and the County of San Bernardino, which may be implemented during an emergency, if necessary.
Supporting the EOP are Incident Action Plans – actions the City would initiate in the event of a catastrophic reduction of its water supply. The EOP defines Incident Action Plans as plans that provide designated personnel with knowledge of the incident objectives and the steps required for achievement. Incident Action Plans not only provide direction, but they also serve to provide a basis for measuring achievement of objectives and overall system performance. Action planning is an important management tool that involves:
• A process for identifying priorities and objectives for emergency response or recovery efforts. • Documentation of the priorities and objectives, as well as the tasks and personnel assignments associated with meeting them.
The EOP includes incident-specific operational objectives. Adelanto will be responsible for the overall direction and control of emergency response activities within City limits or involving City infrastructure.
Specifically for water, damage assessment with a priority on City facilities and infrastructure will be performed. For all incidents, the Public Utilities Authority will develop procedures to restore the City’s potable water service or provide alternative drinking water sources to the community. They will also develop procedures to restore solid waste and wastewater disposal services. For treated water, regional services are provided by a coordination of City staff, MWA, special districts, municipal utilities and private agencies. Mutual aid arrangements may include both governmental and private agencies, including the use of the City’s two emergency intertie with the Victorville Water District.
Mojave Water Agency Catastrophic Supply Interruption Plan. MWA’s 2020 UWMP identifies both earthquakes and outages on the State Water Project (SWP) to be potential catastrophic supply interruptions.5 Past examples of SWP interruptions include slippage of aqueduct side panels into the California Aqueduct near Patterson in the mid‐1990s, the Arroyo Pasajero flood event in 1995 (which also destroyed part of Interstate 5 near Los Baños), flood damage to the East Branch of the Aqueduct in 2015, and various subsidence and leakage repairs needed along the Main Branch and East Branch of the Aqueduct since the 1980s. All of these outages were short‐term in nature (on the order of weeks to several months), and the Department of Water Resources Operations and Maintenance Division worked diligently to devise methods to keep the Aqueduct in operation and continue SWP deliveries while repairs were made. Thus, the SWP contractors generally experienced no interruption in total annual deliveries but local actions to mitigate the outage were implemented.
All of MWA’s SWP imported supply is used to replenish groundwater recharge facilities. These groundwater augmentation efforts insulate regional purveyors, including the City, against an outage of the SWP system. MWA has over 200,000 acre‐feet of stored water available for extraction and use in the MWA service area. Combining this stored water with other stored supplies by the local retail agencies as well as the existing groundwater supplies in the region, MWA and its wholesale member 5 Mojave Water Agency, 2020 UWMP, Section 6.3.3, Emergency Response Plan for Catastrophic Water Shortages 635
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36 agencies, including the City, may sustain water supplies in a catastrophic outage of the SWP delivery systems. Even an interruption in SWP supplies for several months would not provide any immediate threat to potable water deliveries from groundwater production wells.
MWA developed its Regional Recharge and Recovery Project, known as “R³,” to increase flexibility in its water system. The R³ project is a basin management tool and conjunctive use project that distributes stored water via groundwater wells pumping from the Mojave Basin to local retail water purveyors. This groundwater pumping production is done to benefit each of the retail water agencies and in lieu of pumping from other groundwater production facilities of these retail agencies. This groundwater management project allows water to be pumped in a portion of the basin to be used in lieu of other groundwater production in other portions of the basin so that the various areas of the basin can be actively managed. The R3 project includes groundwater recharge facilities, groundwater production wells, booster pumps, storage reservoirs, interconnections to the retail customer water system, water meters, and chlorination facilities. The R 3 facilities provide redundant capacity to the
retail agencies during catastrophic outage events. Although MWA may stop deliveries in the R3facilities to the retail agencies at any time, the facilities may help provide water supplies during crisis conditions.
In short, working in parallel with the retail agencies, the R3facilities can be used to supplement the facilities that each retail water agency may have to handle catastrophic outages.
The R3 facilities also have a separate Emergency Response Plan (ERP). This ERP identifies emergency procedures, response actions, and responsible personnel that would be activated in the event of an emergency with the R3facilities. Specifically, the ERP addresses responses to leaks or service interruptions, low pressure, power outage, contamination, and physical destruction of the R3facilities.
Accordingly, MWA’s R3 ERP provides an additional buffer against emergency and catastrophic outage that may impact statewide, regional, or local water distribution and treatment facilities.
The area’s water sources are generally of good quality, and no insurmountable problems resulting from industrial or agricultural contamination are foreseen. If contamination did result from a toxic spill or similar problematic event, the contamination would be isolated and should not significantly impact the total water supply in the region.
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37 7 COMPLIANCE AND ENFORCEMENT
Fundamentally, the City’s volume‐based tiered rate structure serves as an ongoing and self‐corrective compliance and enforcement mechanism. It’s considered an active water demand management tool as conservation pricing sends a signal to customers regarding their water use, where efficient water use is billed at a low price and higher water use billed at progressively higher prices.
The water shortage contingency measures of the WSC Plan shall apply to all persons, customers, and properties utilizing potable water provided by the City. The terms “person” and “customer” as used in the WSC Plan include individuals, corporations, partnerships, agencies, associations, and all other legal entities.
CWC Section 10632 (a)(6) requires a water supplier to penalize or charge for excessive use, where applicable. Chapters 8.20 Water Conservation Plan and 17.60 Landscaping/Water Conservation of the City Municipal Code (Appendix A) provides for a system of enforcement, exceptions, variances penalties/fines (Chapters 1.20 and 8.25, Appendix B), and violations as follows:
CHAPTER 8.20 WATER CONSERVATION PLAN
8.20.040 Exceptions.
The prohibited or restricted uses of water under this Chapter shall not be applicable in those instances when the City Manager or his/her designee finds: (1) the use is essential to avoid an undue hardship for a water user; (2) special circumstances exist for a particular water user, as distinguished from other water users, which justify allowing an exception; (3) the use is essential for required government or public utility services, including but not limited to police protection, fire protection, sanitation, and other critical and emergency services; or (4) the use is essential to maintain the public health and safety.
8.20.050 Penalties; Fine.
Any person who violates any provision or who fails to comply with any of the requirements of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with the provisions of Chapter 1.20 of the Municipal Code (Appendix B).
8.20.060 Violations of Chapter Declared a Nuisance.
All violations of any portion of this Chapter are declared to be a public nuisance and may be abated as such in a manner provided by law and pursuant to Chapters 1.20 and 8.25 of the Municipal Code (Appendix B).
CHAPTER 17.60 LANDSCAPING/WATER CONSERVATION
17.60.070 Water Conservation, Ordinance 515 and Ordinance 528 (i) Enforcement of Drought Management Plan [WSC Plan]
(1) The City Manager or his or her designee shall have authority to take actions to enforce any mandatory elements that are part of drought management plans. 637
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38 (2) A written notice shall be placed on the property when a first violation occurs, and a duplicate mailed to the person who is responsible for the service to the property where the violation took place.
The notice shall describe the violation and order that it be abated immediately. (3) For subsequent violations, the City will issue citations and fines according to the provisions of this Chapter.
(4) Funds generated by the fines under this Section shall be used to mitigate the impact of the drought.
(j) Variances from drought management plan (the WSC Plan).
Variances to drought management plan provisions may be granted at the discretion of the City Manager or his or her designee. Applicants for a variance must apply in writing to the City Manager or his or her designee, and demonstrate special circumstances such as health and safety needs or obligation of contract.
(k) Limited exemption to restrictions for users of reclaimed water.
To the extent they are exempt from the drought management plan, users of reclaimed or recycled water shall clearly post notices stating that the water being used is not potable and not from the public drinking water supply, and is in conformance to the drought management plan in force at the time. (l) Violations.
(1) For a first violation of any provision of this chapter, the City shall issue a written notice of first violation and provide the violator with educational materials on water conservation, including a copy of the relevant provisions of this chapter. The City shall give the water user a reasonable period of time to correct the violation. Failure to correct the violation within a reasonable period of time shall constitute a second violation.
(2) For a second violation of any provision of this chapter, the City shall issue a written notice of second violation to the water user imposing a fine in the amount not to exceed that outlined in the City of Adelanto Municipal Code and requiring immediate correction of the violation. (3) For a third violation of any provision of this section, the City shall issue a written notice of third violation to the water user imposing a fine in an amount not to exceed that outlined in the City of Adelanto Municipal Code and requiring immediate correction of the violation. (4) For a fourth or subsequent violation of this Section, the City shall impose a fine in an amount not to that outlined in the City of Adelanto Municipal Code. The fourth and each subsequent violation of this chapter shall be deemed a public nuisance, which may be abated pursuant to the procedures provided in the City of Adelanto Municipal Code.
(5) Any fine imposed under this Section shall be collected in accordance with the procedures provided in the City of Adelanto Municipal Code. Failure to pay any portion of a water user’s account, including any fines imposed pursuant to this Section, shall subject said account to termination of water service in accordance with the provisions of this Section. (6) In addition to the remedies set forth above, the City may seize equipment, line, fountains, and 638
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39 other devices which are operated in violation of this Chapter, until the fine is paid. The City may dispose of these items if the fine is not paid in six (6) months from the date the equipment was confiscated. (m) Right to hearing.
Any water user against whom a penalty is levied under this chapter shall have a right to a hearing before the City Manager of the City Manager’s designee. 639
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40 8 LEGAL AUTHORITIES
The City has the legal authority to implement and enforce its WSC Plan. California Constitution Article X - Water Section 2 and California Water Code Section 100 provide that water must be put to beneficial use, the waste or unreasonable use or unreasonable method of use of water shall be prevented, and the conservation of water is to be exercised with a view to the reasonable and beneficial use thereof in the interest of the people and the public welfare. In addition, Water Code Section 375 provides the City with the statutory authority to adopt and enforce water conservation restrictions, and Water Code Section 350 et seq. authorizes the City to declare a water shortage emergency and impose water conservation measures when it determines that the City may not be able to satisfy ordinary demands without depleting supplies to an insufficient level.
Pursuant to these authorities, the City adopted Chapters 8.20 Water Conservation Plan and 17.60 Landscaping/Water Conservation of the City’s Municipal Code (Appendix A), which prohibit the waste of water and imposes water conservation requirements on customers. In addition, this WSC Plan, approved and adopted by the Adelanto City Council (August 25, 2021), contains six levels of water shortage conditions with escalating water conservation requirements at each level. These levels are consistent with the requirements of Water Code Section 10632(a)(3) and include the declaration of a water shortage emergency by the City Council depending on conditions at the appropriate levels. Such declarations will be made in accordance with Water Code Section 350.
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41 9 FINANCIAL IMPACTS
VOLUMETRIC-BASED TIERED RATE STRUCTURE
The City’s volume‐based rate structure is designed and intended to be an ongoing and active water demand management tool that proportionately recovers the cost of providing water service within the City’s service area. Since the City reads meters and bills its customers monthly, the water use can provide a monthly signal, or performance measure, to assist customers in managing their water consumption. Moreover, the City’s volumetric rates are tiered such that customers who exceed a tier quantity experience more expensive rates for water used in higher tiers.
The City’s rate structure is based upon adopted rate tiers and allows for modification of rates by due process. There is a flat rate based on meter size as well as a volume-based rate. The volume-based rate incorporates higher rates for higher usage tiers.
All City water service connections are charged monthly for the volume of water used. The City’s current water rate schedule provides water commodity rates in two tiers, each account charged for every hundred cubic feet (hcf) as follows:
Commodity Rate Tier 1: 1 to 15 hcf
Commodity Rate Tier 2: 16 hcf and up
The first 15 hcf used is charged at the lowest rate. The next tier, 16 hcf and over, is charged at a higher rate. The tiered structure communicates the value of water, provides financial incentives to conserve water, and reimburses the utility for the cost of maintaining a safe drinking water program with sufficient capacity to meet the needs of the City.
REVENUE SOURCES AND MANAGEMENT
The Adelanto Water Authority Fund provides funding for the operation and maintenance of the City’s water distribution system under an enterprise fund separate from the City’s General Fund. In governmental accounting, enterprise funds are used to account for operations that are operated and financed in a manner similar to private business enterprises where the intent is that the costs (expenses including depreciation) of providing goods or services to the general public on a continuing basis are to be financed or recovered primarily through user charges; or where periodic determination of revenues earned, expenses incurred, and/or net income is deemed appropriate, for capital maintenance, public policy, management control accountability or other purposes.
In the event that the City implements the WSC Plan, it is recognized that the reductions in water sales would impact the revenues that would normally be generated to the Water Authority Enterprise Fund.
However, the Water Authority Enterprise Fund revenues may vary according to regional weather, the economy, and other factors. For example, in dry years, local demands tend to increase, and the City may receive higher than anticipated revenues due to increased sales volumes. In contrast, in wet years, demands tend to decrease, and revenues drop due to lower sales volumes. Such revenue surpluses and shortages could cause instability in water rates.
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42 To the extent that this reduction negatively impacts the coverage of its fixed costs (those that are not tied to volume), the City will temporarily utilize its Water Authority Enterprise Fund to mitigate any shortfall. Maintaining financial reserves in the Water Authority Enterprise fund is a way the City can manage rate volatility. The Enterprise Fund can therefore be a useful tool to offset the need for revenues during times of lower water sales or unanticipated water supply costs.
To mitigate the effects of volumetric revenue volatility, the City seeks to maintain volumetric water rates which closely match its volumetric cost of water produced. The City additionally generates a significant portion of total water sales revenues from the fixed water charge (Base Rate), which is based on the size of the water meter. The City’s base rate is designed to capture nearly all the City’s fixed costs to provide water services, such as water quality testing, environmental compliance, administrative costs, maintenance and repair of facilities and assets, and capital expenditures that enhance local water supply reliability. The Water Enterprise Fund also receives a lesser amount of revenue from interest and miscellaneous revenue.
Under long-term drought conditions, it may be necessary to institute temporary increases to rates to cover increased operating expenses. The City may consider adopting a surcharge or base rate increase over a specific time period to cover increased operating expenses while under a water shortage. This measure would allow the City to implement various levels of rate increases after the City Council, by resolution, has declared a threatened shortage of funds due to an extreme water shortage or other emergency.
Conditions of drought and the implementation of water restrictions would also impact expenditures.
Reduced availability of groundwater would produce higher energy bills. The difference in groundwater elevation would lengthen the pumping time required to produce the same amount of groundwater.
Enforcement of the WSC Plan is presumed to be covered by enhanced revenues from application of excess use charges and penalties.
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43 10 MONITORING, REPORTING AND REFINEMENT
NORMAL AND SHORTAGE MONITORING AND REPORTING PROCEDURE
In normal water supply conditions, production data is recorded daily and incorporated into the City’s water production report. The water production report is presented regularly for City Council review.
Production figures are reported monthly to the State Water Resources Control Board (Water Board) Office of Research, Planning and Performance ([email protected]) and in the Annual Report to the Drinking Water Program, which is submitted to the Water Board Water Division each year.
Production data from the City’s wells can be retrieved on an hourly basis. This will allow City staff to determine the effects of a reduction on water production within the system. Further, since all City water customers are metered, the City will monitor water demand based on billing records during water shortages. Water supply volumes can also be generated monthly from the Basin Watermaster.
If the goals of balancing supply and demand under shortage conditions are not met, the City can adjust shortage response actions following an adaptive management approach. Baseline and demand reduction targets may utilize unconstrained demands, demand target as a percent, or weighted by month to determine success.
During a shortage resulting from a disaster, production figures will be monitored on an ongoing basis.
The City’s SCADA system will provide prompt warning of any critical conditions. Once a shortage stage is implemented, actual reductions in water production and usage can be determined based on the SCADA system monitoring.
Water Shortage Levels 1 and 2
During a Level 1 or Level 2 water shortage, daily production figures will be reported to the City’s Director of Utilities. Daily production will be compared to weekly production to the target weekly production to verify that the reduction goal is being met. Monthly reports are presented to the City Manager and the City Council. If reductions goals are not met, the City Manager may notify the City Council so that corrective action can be taken.
Water Shortage Levels 3 and 4
During a Level 3 or Level 4 water shortage, the Level 1 and 2 procedure will be followed, with the addition of a daily production report to the Director of Utilities, and weekly reports to the City Manager and City Council. Special meetings may be called for administration of the WSC Plan.
Water Shortage Levels 5 and 6
During a Level 5 or Level 6 shortage, production figures will be reported hourly to the Director of Utilities, and daily to the City Manager. Reports will also be provided to the City Council, MWA, the County of San Bernardino Office of Emergency Services, and other land use jurisdictions within the City’s service territory, as appropriate.
10.2. REFINEMENT
It is envisioned that the WSC Plan will be periodically re‐evaluated to ensure that its shortage risk tolerance is adequate, and the shortage response actions are effective and up to date based on lessons learned from implementing the WSC Plan. The WSC Plan will be revised and updated during the UWMP 643
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44 update cycle to incorporate updated and new information. However, if revisions to the WSC Plan are warranted before the UWMP is updated, the WSC Plan can be updated outside of the UWMP update cycle. The City’s Annual Assessment process is a natural and logical opportunity for the City to consider the functionality of the existing WSC Plan and can prepare refinements if changes are found to be needed.
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45 11 SPECIAL WATER FEATURE DISTINCTION
CWC Section 10632 (b) requires the City to analyze and define water features in the WSC Plan that are artificially supplied with water, including ponds, fountains, etc. separately from pools and spas as defined by subdivision (a) of Section 115921 of the Health and Safety Code. Pools and spas must use potable water whereas ponds, fountains and other water features may be able to use recycled water.
This WSC Plan differentiates special water features following the City’s Municipal Code Chapter 8.20 Mandatory Water Conservation and Chapter 17.60 Landscaping/Water Conservation distinctions. In summary, the City has identified two types of water features:
• Decorative Water Features: Water shall not be used to clean, fill, operate or maintain levels in decorative fountains unless such water is for replenishment of a recycling system. Within commercial, industrial and multi-family developments the use of decorative water features including, but not limited to, pools, ponds, fountains, streams, and waterfalls, unless serviced with “reclaimed water”, shall be limited to small scale pedestrian oriented locations and features. Water feature designs that reduce evaporation, e.g., cascading water rather than vertical sprays, are required.6
• Recreational Water Features are intended for recreation, such as a swimming pool or spa. They may be residentially or municipally/commercially owned and operated. Swimming Pools and Spas: Evaporation resistant covers are required for all new swimming pools and hot tubs and are encouraged to be installed for existing pools.7
Water Shortage Response Actions identified in this WSC Plan primarily target restrictions or prohibitions to filling water features that use drinking water. Water features that use recycled water are generally exempted from fill restrictions, unless the City declares otherwise, based on an assessment of the supply and availability of recycled water. Note that the City does not allow recycled water to be used to fill swimming pools or spas.
6 Adelanto Municipal Code, Chapter 17.60.040 Landscape Material and Area Requirements 7 Adelanto Municipal Code, Chapter 8.20.030 Water Regulations 645
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46 12 WSC PLAN ADOPTION, SUBMITTAL AND AVAILABILITY
The City of Adelanto City Council adopted this WSC Plan by Resolution No. 21-05, on August 25, 2021, which enables implementation of the WSC Plan upon advice of staff based in part on the triggering mechanisms discussed herein. The resolution is attached as Appendix C.
Per CWC Section 10632 (a)(c), the City provided notice of the availability of the draft 2020 WSC Plan and notice of the public hearing to consider adoption of the WSC Plan. The public review draft of the 2020 WSC Plan was posted prominently on the City’s website, https://www.ci.adelanto.ca.us/, in advance of the public hearing. The Public hearing notification was published in local newspapers following the requirements of CWC Section 10642 and Government Code Section 6066.
The City held the public hearing for the draft WSC Plan at the August 25, 2021, City Council meeting and the City Council reviewed and approved the 2020 WSC Plan by resolution (Appendix C) at the same meeting.
The City’s 2020 WSC Plan was filed with the California Department of Water Resources (DWR), the California State Library, and the County of San Bernardino. The City will make the WSC Plan available for public review on its website no later than 30 days after filing with DWR. Based on DWR’s review of the WSC Plan, the City will make amendments in its adopted WSC Plan, as required and directed by DWR. If the City revises its WSC Plan after the 2020 UWMP is accepted by DWR, then an electronic copy of the revised WSC Plan will be submitted to DWR within 30 days of its adoption.
The City may choose to amend the WSC Plan at any time; in so doing, each of the steps above must be followed.
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APPENDIX A
CITY OF ADELANTO MUNICIPAL CODE
CHAPTER 8.20 WATER CONSERVATION PLAN
CHAPTER 17.60 LANDSCAPING/WATER CONSERVATION
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CHAPTER 8.20
WATER CONSERVATION PLAN
Sections:
8.20.010 Findings
8.20.020 Purpose
8.20.030 Water Regulations
8.20.040 Exceptions
8.20.050 Penalties; Fine
8.20.060 Violations of Chapter Declared a Nuisance
8.20.010 Findings.
The City Council finds that by reason of the overdraft of the water table from which the City takes its domestic water supply, and because of the current problem existing with respect to the over use of the waste of water in connection with the irrigation of landscape and other outdoor vegetation, lawns and other growth, 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; and it is the intent of the City Council to achieve at least an approximately ten percent (10%) reduction in water use.
8.20.020 Purpose.
The City finds that certain water uses regulated or prohibited in this Chapter are non-essential and if allowed would constitute waste of water.
8.20.030 Water Regulations.
A. No water user within the City shall knowingly make, cause, use, or permit the use of water for residential, commercial, industrial, agricultural or any other purpose in the manner contrary to any provision of this Chapter and the City’s Landscape Water Conservation Ordinance.
B. All water users in the City shall abide by the following water conservation measures:
1. The use of water for any purpose shall not result in flooding or unnecessary runoff in gutters, driveways, streets or adjacent lands.
2. Lawns, trees, shrubs, and other landscaping shall not be watered beyond what they need for growth and to sustain life, and water shall not be permitted to pool or to run off property onto streets or adjacent land.
3. Sidewalks, walkways, driveways, parking areas, patios, porches or verandas or any other like area shall not be washed off with water from hoses or by any other means. The exception to this shall be the washing of flammable or other similar dangerous substances that require direct hose flushing using recognized safety control measures for the benefit of the public health and safety. Notification to the City of such wash down is required.
4. Water, sprinkling, aerial watering or irrigating of any landscaped or vegetated areas, including lawns, trees, shrubs, grass, ground cover, plants, vines, gardens, vegetables, flowers, or other landscaping shall not occur between the hours of 9:00 a.m. and 6:00 p.m. during the months of April through September; provided, however, that these restrictions shall not apply to hand-held hose or drip irrigation systems or to establishment of new lawns, landscaping, or gardens.
5. Non-commercial washing of privately owned vehicles, trailers, motor homes, buses, boats and mobile homes is prohibited except from a bucket, and except that a hose equipped with an automatic shut-off nozzle may be used for a quick rinse.
6. Water shall not be used to clean, fill, operate or maintain levels in decorative fountains unless such water is for replenishment of a recycling system.
7. Water lines, faucets, and other facilities shall be maintained so that they do not leak water. Existing leaks shall be repaired in a timely manner.
8. Restaurants, other food establishments, or other public places where food is served, shall not routinely provide glasses of drinking water to customers unless specifically requested by the customer.
9. Water for construction purposes including, but not limited to, debrushing of vacant land, compaction of fills and pads, trench backfill and other construction uses, shall be used in an efficient manner. The use of aerial type sprinklers is not recommended but, if used, shall not be operated between the hours of 9:00 a.m. and 6:00 p.m.
10. All new residential, commercial and industrial construction shall be equipped with low-flush toilets and low-flow showers and faucets.
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11. Water used for cooling systems must be recycled to the extent possible.
12. Evaporation resistant covers are required for all new swimming pools and hot tubs and are encouraged to be installed for existing pools. The covers required by this Chapter shall, at the time of purchase, installation and all subsequent maintenance, meet or exceed current standards and specifications for swimming pool, spa and hot tub covers adopted by the American Society for Testing and Materials (ASTM).
13. Hotels/motels are required to post a notice in substantially the form provided by the City urging guests to conserve water.
14. All current and future water customers are encouraged to install flow restrictors or pressure reducers and to install toilet tank displacement devices (dams, bottles or bags), and as appliances or fixtures wear out, replace them with watersaving models.
15. Parks, schools, golf courses, cemeteries, school grounds and all public use lands shall not irrigate between the hours of 9:00 a.m. and 6:00 p.m. during the months of April through September inclusive and are encouraged to use water conservation irrigation equipment.
16. The use of drought tolerant or native plant material is encouraged for exterior landscaping in all new residential construction, and required for new commercial and industrial construction.
17. The use of low precipitation sprinkler heads, bubblers, drip irrigation and timing devices are required in the exterior landscaping in all new residential, commercial and industrial construction.
18. At least fifty percent (50%) of all new model homes shall include as a part of the exterior landscape development low water use, drought-tolerant or native plants.
19. Projects, including Commercial and Planned Unit Developments, which utilize recycled water from sewage treatment or agricultural operations, may receive an exemption from Subsections 15. through 18. of this Section by approval of the City Council.
8.20.040 Exceptions.
The prohibited or restricted uses of water under this Chapter shall not be applicable in those instances when the City Manager or his/her designee finds: (1) the use is essential to avoid an undue hardship for a water user; (2) special circumstances exist for a particular water user, as distinguished from other water users, which justify allowing an exception; (3) the use is essential for required government or public utility services, including but not limited to police protection, fire protection, sanitation, and other critical or emergency services; or (4) the use is essential to maintain the public health and safety.
8.20.050 Penalties; Fine.
A. Any person who violates any provision or who fails to comply with any of the requirement of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with the provisions of Chapter 1.20 of this Code.
B. In addition to, and separate from the criminal sanctions set forth above, the first violation of provisions regarding storage, placement and removal of residential solid waste containers and receptacles (Sections 8.01.100.B. and 8.01.310.J.) shall receive a written warning; for subsequent violations at the same address, a twenty dollar ($20.00) civil fine shall be imposed and collected through the Water and Sanitation bill.
8.20.060 Violations of Chapter Declared a Nuisance.
All violations of any portion of this Chapter are declared to be a public nuisance and may be abated as such in the manner provided by law and pursuant to Chapters 1.20 and 8.25 of this Code. 649
CHAPTER 17.60
LANDSCAPING/WATER CONSERVATION
17.60.010 General Provisions
17.60.020 Landscape Design Plan
17.60.030 Landscape Design Standards
17.60.040 Landscape Material and Area Requirements
17.60.050 Model Home Complexes
17.60.060 Landscape Maintenance
17.60.070 Water Conservation
17.60.080 Approved Plant List
17.60.010 General Provisions
Landscaping shall be provided, irrigated and maintained as required by the Planning Director, pursuant to this Code and the policies of the City General Plan, each of which may be amended from time to time. (a) Purpose. The purpose of this Chapter is to provide minimum water conservation and landscape development standards which will promote the general welfare of Adelanto residents through the provision of an outdoor environment which will:
(1) Create aesthetically pleasing views and vistas along public streets. (2) Complement and enhance the functional and aesthetic design of new building and site development projects so as to protect and enhance property values.
(3) Provide visual screening of parking, service and storage areas. (4) Mitigate the adverse impacts of higher intensity land uses upon lower intensity uses through the provision of needed landscape buffers.
(5) Promote water conservation by restricting the use of turf and ornamental water features and requiring the utilization of low water use plant materials.
(6) Promote climate modifications for enhancement of pedestrian environment at street frontages, parking lots and building facades.
(7) Provide maximum shade on ground surfaces to reduce the “urban heat island effect” produced by large expanses of unprotected paved areas.
(b) Applicability.
All persons owning, developing or maintaining property subject to the provisions of this Chapter shall comply with all applicable provisions contained herein as identified below.
The landscape standards and requirements established byChapter 17.15 and Chapter 17.60, Sections 17.60.020 through 17.60.080 shall apply to all new developments whether residential, commercial or industrial. The landscape standards and requirements establish by Sections 17.60.020 through 17.60.080 shall not apply to existing development, unless the development is being expanded by 25% or more of the existing floor area. The landscape maintenance provisions of Section 17.60.060 shall apply to all new and existing development.
This Chapter does not apply to registered historical sites or cemeteries. Registered historical sites and cemeteries shall provide scheduled irrigation based on CIMIS (California Irrigation Management Information System) or conduct water audits every three (3) years with strict adherence to the recommendations in the water audit. CIMIS and water audits shall be submitted to the water serving entity for compliance.
[Ord. No. 515, Exhibit I, 5/22/13; Ord. No. 528, Exhibit M, 9/10/14.]
17.60.020 Landscape Design Plan
(a) Prior to the issuance of a building permit, three (3) copies of a landscape design plan consisting of the landscape and irrigation plans shall be submitted to the Planning Division. Such plans shall be drawn at a minimum scale of one (1) inch equals thirty (30) feet (maximum sheet size 30" X 42") and contain the following information:
(1) Building footprints and roof overhangs, walkways, parking surfaces and vehicular overhang lines, property lines, right-of-way lines, and easement lines.
(2) Calculations of the square footage and percent of total of all site elements including building footprints, parking, and 650
landscaped area. Landscaped area shall also be further subdivided into subcategories of turf, shrubs/groundcover, and inorganic materials.
(3) The location of existing and proposed plant materials. (4) Plant graphic symbol legend and a plant schedule including botanical and common names, planting size, number of plants, and on-center spacing of massed shrubs and ground cover plants on each landscape plan sheet. (5) Planting details, specifications and required guarantee (see Section17.60.060 (b)). (6) Inorganic materials schedule including type of materials (i.e. decomposed granite, river rock, screened rock, etc.) quantities and depth.
(7) Irrigation plan showing location of controller, existing or proposed meters, backflow preventer, water lines, heads, and materials schedule on each landscape plan sheet. Irrigation systems shall be designed to minimize maintenance and water consumption, and the irrigation system shall be properly designed and installed to ensure that overspray onto fences, walls and structures is eliminated to the maximum extent feasible. (8) Irrigation details and pressure loss calculations.
(9) A diagrammatic plan showing the amount of shading that the landscaping is expected to provide at its maturity with the sun at its apex.
(b) The landscaping and irrigation plans shall be approved by the Director if found to be in compliance with the standards and requirements of this Chapter and Chapter 17.15 , which approval shall be obtained prior to the installation of the landscaping and irrigation materials. The installation of the landscaping and irrigation materials required by this Chapter shall be completed and shall be approved by the Director prior to the issuance of a Certificate of Occupancy for the structure, or prior to the use of the facility if no structure is involved. [Ord. No. 515, Exhibit I, 5/22/13; Ord. No. 528, Exhibit M, 9/10/14.]
17.60.030 Landscape Design Standards
(a) Landscaping shall be designed, installed and continuously maintained in accordance withChapter 17.15 of this Zoning Code and the following standards:
(1) Principles of Xeriscape Landscaping. Landscape developments shall be designed, installed and continuously maintained in accordance with the following seven basic principles of Xeriscape landscaping:
A. Planning and Design. Use a water conservation design. Implement a “mini-oasis” concept. Water using plants and turf should be concentrated in small areas near buildings where they may be enjoyed at the pedestrian level.
B. Limited Turf Areas. Limit the use of turf to small areas where it will be actively used and efficiently watered. See Section 17.60.070 (e) for further information.
C. Efficient Irrigation. Utilize the most efficient irrigation system for the area being served. Drip irrigate individual plants rather than flooding larger areas. Group plantings with common water requirements together to be watered on the same irrigation control zone.
D. Soil Improvements. Add soil amendments within planned areas to increase the water holding capacity of the soil and improve the health and vigor of plants.
E. Mulching. Cover final soil surfaces around plants with organic or inorganic mulches to insulate against soil temperature extremes and conserve moisture.
F. Use Lower Water Demand Plants. Utilize only those plants listed in the officially approved low water use plant list (see Section 17.60.080 ) or alternative plants approved by the Director.
G. Appropriate Maintenance. Maintain irrigation systems so they operate at peak efficiency. Lessen water demand by keeping weed growth down and by thinning unwanted wood from trees rather than cropping them. (2) Unity and Continuity
1 .
Landscape unity and continuity may be significantly enhanced through the selection of a dominant tree and shrub species. Such dominance shall be established by making the selected species clearly in the majority (60% or more). (3) Tree and Shrub Placement in Proximity to Fire Hydrants.
Figure 17.60.030-A - Fire Hydrant Clear Zone
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(4) Ground Surface Treatment.
A. Pre-Treatment of Ground Surfaces Required. A pre-emergent herbicide shall be applied to the ground prior to and after the placement of natural surface materials (decomposed granite, gravel, crushed rock, river run rock, etc.) in any landscaped area to prevent weed growth.
B. Inorganic Ground Cover. Inorganic ground covers (decomposed granite, crushed stone, etc.) shall be of a natural color harmonious with other site and architectural materials and shall be installed to a minimum depth of two (2) inches over a weed barrier such as landscape cloth or plastic that prevents weed growth.
C. Plant Cover/Dust Control. All portions of a development site (including future building pads) not occupied by buildings, structures, paved improvements, and required landscape areas shall be temporarily landscaped with plant materials in accordance with this Chapter or treated with an appropriate inorganic ground cover and maintained in a weed and dust free condition.
(5) Plant Massing.
The massing of trees and shrubs into groups containing three (3) or more plants is required unless standards elsewhere within this Chapter require only a single element, e.g., single trees within parking lot planter islands. Planting of single shrub specimens, unless used to repeat an element already established within a massed planting within the same visual area, is prohibited.
(6) Plant Groupings.
The grouping of plant species commonly found together in natural associations or of common environmental requirements (soil type, water, sun exposure, temperature limitations, etc.) is required. (7) Plant Spacing.
In order to foster a more natural look, an uneven spacing of plants is required unless such plants are being used to create a massed shrub or groundcover bed. The spacing of shrubs shall be sufficient to allow plants to reach their natural mature size and form.
(8) Consistency with Existing Streetscape Standards.
Street frontage landscaping shall be consistent with any previously adopted specific streetscape standards. [Ord. No. 515, Exhibit I, 5/22/13; Ord. No. 528, Exhibit M, 9/10/14.] Notes
1 Plant palettes partially implemented through the construction of one or more phases of a previously approved master planned project, except for turf areas in excess of the limitations established by these landscape standards, shall be continued throughout the development of that project.
17.60.040 Landscape Material and Area Requirements
(a) New developments shall be landscaped in accordance with the following minimum standards:
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(1) Plant Material.
A. Landscaping shall consist of native or drought-tolerant plants capable of surviving the desert environment and climate with a minimum of maintenance and supplemental watering. A list of plants determined capable of meeting this criterion is contained in Section 17.60.080 . Other plants may be considered on their merits in meeting this criterion.
Determinations of plant species suitability will be made by the Director upon submission of project plans.
B. Landscaping materials may also consist of wood timbers, decorative rocks, boulders, sand, bark, gravel, or a combination thereof; provided, however, that the majority of landscape materials and area shall consist of plants, as set forth above.
(2) Irrigation.
Utilize the most efficient irrigation system for the area being served. Irrigation of required landscaped areas should be by drip irrigation and matched precipitation rate, low-gallonage sprinkler heads, bubblers, and timing devices. Timing devices shall include soil moisture sensors and rain sensing override devices.
Irrigation systems shall be designed to minimize maintenance and water consumption, and the irrigation system shall be properly designed and installed to ensure that overspray onto fences, walls and structures is eliminated to the maximum extent feasible.
(3) Landscape Area Requirements.
All portions of a development site not utilized for building development, service areas, paved or improved storage areas, parking, driveways, etc., shall be landscaped. Developers are required to install front and street side yard landscaping for all new development. Minimum areas of landscaping are as follows:
A. Front Building Setback/Street Right-of-Way Areas.All front building setback and street right-of-way areas located between on-site improvements and the back of existing or future public sidewalks or street curbs, except needed access driveways, shall be fully landscaped, unless otherwise provided for in this Development Code.
B. Parking Lot Area. The following landscaping standards apply to parking lots (Figure 17.60.040-A, B, and C).
1. In order to reduce the “heat island effect” of large expanses of unprotected paved areas, a minimum of thirty (30) percent of the interior parking surface of all parking lots shall be shaded at the maturity of the landscaping.
2. Provide a minimum of one (1) tree (minimum fifteen (15) gallon size when planted) for each seven (7) parking spaces located so as to visually disrupt long rows of parking spaces, trees may be clustered where appropriate.
3. A thirty-six to forty-two (36-42) inch high decorative masonry wall, hedge or landscaped berm, as measured from the finished grade of the parking area, shall also be used adjacent to public rights-of-way to screen the parking area. The height of the screening wall or berm may be reduced when the parking lot is below grade. Horizontal and vertical variations in the design of screening walls are required where the length of such walls exceeds forty (40) feet. Said variations are subject to Planning Staff approval.
Figure 17.60.040-A - Recommended Design Features and Materials
4. A minimum of five (5) percent of the interior parking surface area of all parking lots shall be landscaped. Such percentage may be achieved by combining paragraph (1) below with paragraph (2) and/or (3). a. Planter islands a minimum of five (5) feet in width shall be located at the ends of all rows of parking stalls between the last stall and any drive aisle. Where drive aisles are curved, alternative dimensions with similar area may be approved (Figure 17.60.040-B ); and
b. Planter islands, shall be uniformly distributed throughout the interior parking area, and protected by raised curbs (Figure 17.60.040-B ); or
c. Planter strips, located between double rows of parking stalls, shall be a minimum of four (4) feet in width. Each 653
parking stall may overhang two (2) feet into this area (Figure 17.60.040-B ).
5. Trees within parking lots shall be kept trimmed to a minimum clear canopy height of six (6) feet for visual safety.
Figure 17.60.040-B - Planter Islands/Strips
6. A landscaped strip with a minimum width of ten (10) feet shall be provided where parking lots are adjacent to a public right-of-way or residential uses or districts, unless otherwise provided for in this Code. (4) Landscape Buffers/Perimeter Landscape Strips.
A. Landscape Buffers. When providing a buffer between commercial/industrial and residential uses or districts the following features are required:
Figure 17.60.040-C - Landscape Areas
1. Landscaping shall include one (1) tree for each 200 square feet of required landscape area. Said tree shall be a minimum fifteen (15) gallon size when planted, twenty (20) percent of such required trees shall be twenty-four (24) inch box size; and
2. A six (6) foot decorative masonry wall to City standards; and
3. Evergreen trees a minimum of six (6) feet in height, and 2 inches in diameter, planted at a maximum spacing of twenty (20) feet on center and shrubs planted at a rate of five (5) per one hundred linear feet.
B. Front Building Setback Area. Landscaping in the front building setback area shall be provided at a minimum rate of one (1) tree and six (6) shrubs per thirty (30) linear feet of frontage plus sufficient groundcover plantings to provide combined shrub and ground coverage of fifty (50) percent of the total landscaped area. Trees and shrubs may be grouped, but gaps between groupings of plants shall not exceed forty (40) feet.
C. Other Perimeter Areas. Landscaping in other perimeter areas shall be provided at a minimum rate of one (1) tree and six (6) shrubs per forty (40) linear feet plus sufficient groundcover plantings to provide combined shrub and ground 654
coverage of forty (40) percent of the total landscaped area, except where screening is required. Trees shall be a minimum fifteen (15) gallon size when planted, twenty (20) percent of which shall be twenty-four (24) inch box size. Trees and shrubs may be grouped, but gaps between groupings of plants shall not exceed fifty (50) feet. (5) Landscape Improvement Requirements. The following minimum landscape improvements are required within the following landscape areas:
A. Single and Multi-Family Residential Developments.
1. Common open space/retention areas.A minimum of one (1) tree and six (6) shrubs per 500 square feet of open space plus such additional vegetative ground cover as is necessary to cover a minimum of fifty (50) percent of the total landscaped area with shrubs and ground cover. The inclusion of turf is subject to the limitations established in Section
17.60.070(e) and in Table 17.60.040-A.
2. Major Street/Boulevard, collector street, and activity street rights-of-way.Major Street/Boulevard, collector street, and activity street rights-of-way adjacent to and within single and multi-family residential developments shall be landscaped at a rate of one (1) tree and three (3) shrubs per 30 linear feet plus such vegetative ground cover necessary to cover a minimum of forty (40) percent of the total landscaped area with shrubs and ground cover. Turf is prohibited within public rights-of-way.
3. Front and Street Side Yards.The use of turf in these areas is discouraged. See Section17.60.070(e) for specific restrictions.
B. Commercial/Office/Institutional Developments. One (1) tree and six (6) shrubs per 500 square feet of interior open space plus such additional ground cover which, upon maturity, will cover a minimum of fifty (50) percent of all interior open space surfaces. The inclusion of turf is subject to the limitations established in Section 17.60.070(d) and in Table
17.60.040-A.
C. Industrial Developments. One (1) tree and six (6) shrubs per 750 square feet of interior open space plus such additional vegetative ground cover which, upon maturity, will cover a minimum of forty (40) percent of all interior open space surfaces. The inclusion of turf is subject to the limitations established in Section 17.60.070(d) and in Table 17.60.040- A.
D. Grading in the Front Building Setback.Front setback areas shall be graded in a manner which creates natural and pleasing ground forms in accordance with the following guidelines:
1. A maximum of fifty (50) percent of the front building setback area may be used for storm water retention.
2. Soil excavated to create needed retention basins shall, within the slope limitations established below, be used to create complementary earth mounds elsewhere within the same front building setback area.
3. Earth mounds with a maximum slope ratio of four to one (4:1), horizontal to vertical, shall be located and designed to minimize street views into retention basins.
4. Grading and other site preparation shall preclude the run-off of rain and/or irrigation water from landscaped surfaces onto paved surfaces.
E. Finished Grade Surfaces. All landscaped areas shall be graded so that finish grade surfaces of all nonliving materials (i.e., decomposed granite, crushed rock, mulch, and the like) are at least one and one-half (1 1/2) inches below concrete or other paved surfaces.
F. Protection of Landscaped Areas. Landscaped areas adjacent to vehicular drives or parking areas shall be protected by a six (6) inch vertical curb. Areas surfaced with different materials (i.e. lawn and decomposed granite) shall be separated by masonry, wood, or mowing strips.
G. Irrigation Systems. The use of drip irrigation systems or systems of equivalent efficiency for all landscaping at commercial and industrial facilities and all common areas of residential developments is required. The use of similar systems on individual residential lots is encouraged.
Irrigation systems shall be designed to minimize maintenance and water consumption, and the irrigation system shall be properly designed and installed to ensure that overspray onto fences, walls and structures is eliminated to the maximum extent feasible.
H. Limitations on the Use of Turf.
Unless watered with “reclaimed” water, the use of turf in specific land uses shall be limited to the percentages listed in Table 17.60.040-A below.
Table 17.60.040-A - Permitted Turf Area
Land Use
Turf permitted as a percent of
Total Landscaped Area
Single family residential 20%
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Multi-family residential 20%
Common open space/retention basins 20%
Parks, schools, golf course and cemeteries No limitations Commercial/office/institutional 20%
Industrial 10%
(6) Decorative Water Features.
Within commercial, industrial and multi-family developments the use of decorative water features including, but not limited to, pools, ponds, fountains, streams, and waterfalls, unless serviced with “reclaimed water”, shall be limited to small scale pedestrian oriented locations and features. Water feature designs that reduce evaporation, e.g. cascading water rather than vertical sprays, are required.
[Ord. No. 515, Exhibit I, 5/22/13; Ord. No. 528, Exhibit M, 9/10/14.]
17.60.050 Model Home Complexes
(a) Model home complexes, unless they are utilizing “reclaimed water”, shall be landscaped in accordance with the xeriscape landscape principles listed in Section 17.60.030 (a) and the following minimum requirements:
(1) Plant Materials.
Landscaping shall consist of native or drought-tolerant plants capable of surviving the desert environment and climate with a minimum of maintenance and supplemental watering. A list of plants determined capable of meeting this criterion is contained in Section 17.60.080. Other plants may be considered on their merits in meeting this criterion. Determinations of plant species suitability will be made by the Director upon submission of project plans. (2) Turf and Water Surfaces/Features.
Combined turf and water surfaces of all water features shall not occupy more than fifty (50) percent of the landscapable area within each lot in the model home complex. Swimming pools, hot tubs and spas are exempt from this limitation.
(3) Literature Package.
A literature package describing water conserving landscaping designs shall be on display within all model sales offices. If copies of the literature package are not made available by the homebuilder, such display shall include information regarding where the literature is available. The following are recommended to be included in the literature package:
A. A Guide to High Desert Landscaping is available at your local water district offices and the Planning Division offices.
B. The Unthirsty One Hundred
Reprint from Sunset Magazine - October 1988
Lane Publishing Company
Menlo Park, California 94025
[Ord. No. 515, Exhibit I, 5/22/13; Ord. No. 528, Exhibit M, 9/10/14.]
17.60.060 Landscape Maintenance
(a) Landscape Maintenance. Landscaping shall be continuously maintained (watering, fertilizing, weeding, mowing, trash pick-up, and pruning) by the landowner or the lessor of new and existing development in accordance with the following:
(1) Sites shall be kept clean and attractive at all times. Weeds and trash (windblown or otherwise) shall not be allowed to accumulate on the site.
(2) Living plant material shall receive sufficient water and fertilization to maintain health and vigor and shall, to the maximum extent possible, be allowed to attain its natural mature size and shape. (3) Pruning and mowing shall be used to maintain plant health and vigor while enhancing its form and structure.
Cropping trees, unless necessary for safety reasons, is prohibited.
Pruning and mowing will conform to the commonly used standards for each species; however, in no case will the landscape areas be allowed to become overgrown. Examples of overgrown landscape material include:
A. Lawn grass species: Plants which have established seed heads, lawns that have become thatched and matted, have become infested with herbaceous weeds, or exceed eight (8) inches in height. 656
B. Shrubs and decorative grasses:Plants that have grown so large as to block natural light from entering windows, extend over property lines, extend over roof peaks or eaves, or are causing the strangulation of other plants.
C. Trees: Plants which display sucker growth, have grown to a height or canopy width which impairs the normal illumination of street lights, extend over property lines, interfere with overhead lines or impact public property. (4) All dead or obviously unhealthy plant material shall be replaced in an expeditious manner with material equal to that which was originally specified on the approved landscape plan. (5) Bare spots in lawns or planters shall be promptly re-vegetated. (6) Customary maintenance shall include provision of adequate irrigation, based on the micro-climate, and regular application of fertilizer, based on the needs of the plant. (7) All property owners shall be responsible for maintenance of parkway areas within the public right-of-way adjacent to their properties, except those areas outside of a six-foot high block wall or solid fence. (b) Landscape Guarantee.
(1) The owner or developer shall, prior to the issuance of a certificate of occupancy, evidence that all plant materials are guaranteed for a minimum period of sixty (60) days from the date of final approval of the installation of the landscaping.
Terms of the guarantee shall also specify that any plant materials which are not approved prior to October 1st of the calendar year in which they are installed shall be further guaranteed until May 20th of the following calendar year. (2) Trees, shrubs, vines, ground cover, and turf which have to be replaced under terms of the guarantee shall be guaranteed for an additional sixty (60) days from the date of replacement. (3) All plant materials requiring replacement under the conditions of the contractors guarantee shall be replaced within ten (10) working days from the date of written notification. (c) Existing Landscaping.
(1) Maintenance. Required landscape areas, existing at the time of adoption of this Ordinance, shall be maintained in accordance with the provisions of Section 17.60.060(a) above. (2) Prevention of Wasted Water. Existing developments shall, through improvements to its irrigation system and landscaped areas, prevent water waste resulting from inefficient landscape irrigation, run-off, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures. [Ord. No. 515, Exhibit I, 5/22/13; Ord. No. 528, Exhibit M, 9/10/14.]
17.60.070 Water Conservation
(a) Definitions.
(1) Acre-foot of water - that quantity of water required to cover (1) acre of land one (1) foot deep, or three hundred twenty-five thousand, eight hundred fifty-one (325,851) gallons. (2) Active recreational area - an area designated and primarily used for organized sports, including, without limitation, softball, baseball, football, soccer or a similar related sport, including all amenities related to the activity. (3) Body of water - any artificially constructed lake, pond, or lagoon, regardless of size. (4) City - the City of Adelanto.
(5) Controller - a mechanical timer capable of operating valve stations to set days, length of time, and frequency of water application.
(6) Escaped water - the pumping, flow release, escape, or leakage of any water from any pipe, valve, faucet, connection, diversion berm, well, or any facility for the purposes of water supply, transport, storage, disposal, or delivery onto adjacent property or public right-of-way.
(7) Excess runoff - water accumulation on streets, gutters, neighboring properties, or other areas in an amount sufficient to cause flow.
(8) Manager - the City Manager or the City Manager’s designee. (9) Lot - a legally created parcel of land occupied or intended for occupancy by one (1) main building together with its accessory buildings, and uses customarily incidental to it, including the open space required by the City’s zoning ordinance, and having it’s principal frontage upon a street as defined in the City’s zoning ordinance. (10) Model home - a facility used exclusively for the promotion and sale of homes similar to the model. (11) Person - an individual, corporation, partnership, incorporated association, or any other similar entity. (12) Public water system - any publicly or privately owned network of pipes, conduits, wells, reservoirs, holding tanks, and other components, including any combination thereof, which supplies water to water users, who are charged a fee of any kind or nature for such purpose, or which is designed to supply water or is capable of supplying water to water users for 657
a fee, and includes any such system whether it is operated under the regulatory authority of the City of Adelanto, but does not include any irrigation company or district whose primary purpose is to supply water for farming. (13) Residential development - the development of any type of dwelling unit or units suitable or designed for human habitation, including, but not limited to, single family homes, condominiums, or manufactured homes, but not including hotels, motels, licensed convalescent homes, commercially operated retirement homes, time share units, or the like. “Residential development” shall not include remodeling or reconstruction where no new dwelling unit is created. (14) Right of way -land which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the general public for street, highway, alley, public utility, or pedestrian walkway purposes. (15) Turf - a surface layer of earth containing grass with its roots. (16) Turf-related facility - a school, public recreational facility, cemetery, golf course, industrial park, or common area of a housing development that applies water from any source, including effluent. (17) Water-intensive landscape - an area of land that is watered with a permanent water application system and planted primarily with plants not listed in Section H “Approved Plant List”. Included is the total surface area of all water features (i.e. swimming pools of any size, fountains, ponds, water courses, waterfalls, and other artificial water structures) filled or refilled with water from any source.
(18) Water purveyor -the owner or operator of a public water system. (19) Water user - those persons, customers, and properties served by a water purveyor within the incorporated boundaries of the City.
(20) Water waste -the indiscriminate use or excessive dissipation of water, which is unproductive or does not reasonably sustain life or economic benefits.
(b) Application of Section.
The provisions of this chapter shall apply to all water users. Any new single family residential development that is in Final Map check or has submitted Street Improvement Plans at the time this Ordinance is adopted is exempt from these regulations.
(1) Resulting from fire fighting, hydrant flushing, or fire training activities; or (2) Necessary to prevent or abate threats to the public health or safety; or (3) From routine maintenance of any public water system or from temporary water system failures or malfunctions; or (4) From water users engaged in landscape irrigation with treated wastewater, effluent, grey water, or other nonpotable water.
(5) Drought tolerant plants as outlined in Section17.60.080 . (c) Prohibited Water Uses and Water Waste.
The restrictions or prohibitions in this chapter shall not apply to water use, runoff, or flow. (1) It shall be unlawful for any water user of a public water system to knowingly allow water waste at any location or premises within the City limits after having been served with a notice of violation, pursuant to Section 17.60.070 (c) for wasting water from the same location or premises.
(2) It shall be unlawful for any owner, occupier, or manager of real property within the City to knowingly allow water waste at any such real property after having been served with a notice of violation, pursuant to Section 17.60.070 (c) for wasting water from the same location or premises.
(3) It shall be unlawful for any water user within the City to 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. (4) It shall be unlawful for any water user to cause or permit any water furnished to any property within the City 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 reasonably be prevented. (5) It shall be unlawful for any water user to wash any vehicle, equipment, or other object, or any driveway, parking lot, sidewalk, street, or other paved surface, in any manner permitting the continuous flow of water for more than five minutes. (6) Commercial and noncommercial watering of turf, ground cover, open ground, shrubbery, crops, gardens, and trees, including agricultural irrigation, in a manner or to an extent which allows substantial amounts or excess runoff shall not be permitted. A minimum amount of runoff, which is a natural consequence of conservative watering, either by hand or by mechanical or automated sprinkling facilities, is permitted, so long as such runoff does not amount to excess runoff as defined in this Chapter.
(7) It shall be unlawful for any water user to permit the excess use, loss, or escape or water through breaks, leaks, or other malfunctions in the water user’s plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected.
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(8) It shall be unlawful for any water user to willfully or negligently permit or cause the escape or flow of irrigation water in such quantity as to cause flooding, impede vehicular or pedestrian traffic, create a hazardous condition to such traffic, or cause damage to public or private rights of way through failure or neglect to properly operate or maintain any irrigation structure, delivery ditch, or waste ditch.
(9) It shall be unlawful for any water user to water or permit the watering of water intensive landscape or turf at time other than as authorized by the water purveyor.
(10) It shall be unlawful for any water user to willfully or negligently fail to accept irrigation water after it has been ordered.
(d) Limitation on water intensive landscape and turf areas within new nonresidential facilities.
The following types of facilities shall limit the water intensive landscape and turf within the landscaped area to the following percentages of the total lot area, and all remaining landscaped area shall consist of plants listed in Section
17.60.080:
(1) Churches. Twenty percent (20%) of total lot area.
(2) Resorts, including hotels and motels. See Table 17.60.040-A (Permitted Turf Area). (3) Commercial and industrial uses. SeeTable 17.60.040-A (Permitted Turf Area). (4) Active recreational areas shall not be considered in calculating the percentage of the total lot area and shall not be considered in determining compliance with this Section. (5) No water intensive landscape or turf shall be permitted in any right of way. (6) No water features (ponds, fountains, etc.) shall be allowed without proof that the feature is utilizing water conservation measures such as recirculated water.
(e) Limitations on model home and new residential development landscaping. (1) Developers are required to provide front and street side yard landscaping to all new developments prior to the issuance of a Certificate of Occupancy. All new model homes and new residential development shall limit water intensive landscape and turf area to the following percentage of the total lot area, and all remaining landscaped area shall consist of plants listed in Section 17.60.080:
A. Front yard and street side yards. Twenty percent (20%) of the total front/street side yard area. (The total yard area of single-family residences includes any hardscape areas such as driveways and walkways).
1. Rear yard. No limitations.
2. Common areas in residential developments. Ten percent (10%) of the first acre and five percent (5%) of each additional acre up to five (5) acres. Residential developments larger than five (5) acres shall not plant any additional water intensive landscape and turf in common areas.
3. Each model home complex shall include at least one plan with no turf. This no-turf option shall be offered as an option to the home buyer.
4. Water intensive landscape or turf is not limited in rear yards, but is strongly encouraged.
5. No water intensive landscape or turf shall be permitted in any right of way.
6. No water features (ponds, fountains, etc.) shall be allowed without proof that the feature is utilizing water conservation measures such as re-circulated water.
Any modification to the landscaping that results in a proven reduction of water use may be used to obtain greater flexibility in the minimum turf area allowed. Methods used to reduce water use may include: satellite sprinkler systems, elimination of surface runoff, and/or the use of reclaimed water. (f) Public education during drought.
The City will use intensive public education to assist water users impacted by the drought to understand the City’s need for voluntary compliance. In addition to education, the City may use enforcement measures to curb water misuse. (g) Drought management plan implementation.
(1) The City Council shall promulgate a drought management plan containing regulations setting forth the criteria for implementation and termination of various water use reduction stages. (2) The City Council is authorized to declare a drought, and to implement a drought management plan, in response to events including, but not limited to, the following: reductions in supply from the Mojave Water Agency or Adelanto Public Utilities Authority, or when an insufficient supply appears likely due to water system limitations or structural failure. (3) Such declaration may designate the entire area of the City, or a portion of it if the shortage is not Citywide. (4) The City Council may terminate the drought declaration when he or she determines that the events that triggered 659
the drought no longer exist.
(h) Notification and publication of drought management plan.
If the City Council determines that the health and safety of the City dictate implementing the drought management plan, notification shall be published in a paper of general circulation, to educate the public about the need for the plan, and give them notice of conservation regulations and requirements of the applicable stage of the plan. A copy of the drought management plan shall also be available for inspection at the City Clerk’s office. (I) Enforcement of drought management plan.
(1) The City Manager or his or her designee shall have authority to take actions to enforce any mandatory elements that are part of drought management plans.
(2) A written notice shall be placed on the property when a first violation occurs, and a duplicate mailed to the person who is responsible for the service to the property where the violation took place. The notice shall describe the violation and order that it be abated immediately.
(3) For subsequent violations, the City will issue citations and fines according to the provisions of this Chapter. (4) Funds generated by the fines under this Section shall be used to mitigate the impact of the drought. (j) Variances from drought management plan.
Variances to drought management plan provisions may be granted at the discretion of the City Manager or his or her designee. Applicants for a variance must apply in writing to the City Manager or his or her designee, and demonstrate special circumstances such as health and safety needs or obligation of contract. (k) Limited exemption to restrictions for users of reclaimed water.
To the extent they are exempt from the drought management plan, users of reclaimed or recycled water shall clearly post notices stating that the water being used is not potable and not from the public drinking water supply, and is in conformance to the drought management plan in force at the time. (l) Violations.
(1) For a first violation of any provision of this chapter, the City shall issue a written notice of first violation and provide the violator with educational materials on water conservation, including a copy of the relevant provisions of this chapter. The City shall give the water user a reasonable period of time to correct the violation. Failure to correct the violation within a reasonable period of time shall constitute a second violation. (2) For a second violation of any provision of this chapter, the City shall issue a written notice of second violation to the water user imposing a fine in the amount not to exceed that outlined in the City of Adelanto Municipal Code and requiring immediate correction of the violation.
(3) For a third violation of any provision of this section, the City shall issue a written notice of third violation to the water user imposing a fine in an amount not to exceed that outlined in the City of Adelanto Municipal Code and requiring immediate correction of the violation.
(4) For a fourth or subsequent violation of this Section, the City shall impose a fine in an amount not to that outlined in the City of Adelanto Municipal Code. The fourth and each subsequent violation of this chapter shall be deemed a public nuisance, which may be abated pursuant to the procedures provided in the City of Adelanto Municipal Code. (5) Any fine imposed under this Section shall be collected in accordance with the procedures provided in the City of Adelanto Municipal Code. Failure to pay any portion of a water user’s account, including any fines imposed pursuant to this Section, shall subject said account to termination of water service in accordance with the provisions of this Section. (6) In addition to the remedies set forth above, the City may seize equipment, line, fountains, and other devices which are operated in violation of this Chapter, until the fine is paid. The City may dispose of these items if the fine is not paid in six (6) months from the date the equipment was confiscated. (m) Right to hearing.
Any water user against whom a penalty is levied under this chapter shall have a right to a hearing before the City Manager of the City Manager’s designee.
[Ord. No. 515, Exhibit I, 5/22/13; Ord. No. 528, Exhibit M, 9/10/14.]
17.60.080 Approved Plant List
CITY OF ADELANTO
WATER CONSERVING PLANTS FOR THE HIGH DESERT
LEGEND: D = Drought Tolerant
M = Moderate Water Use
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1. Vines
M Antigonon leptopus Queen’s Wreath
M Campsis radicans Trumpet Creeper
M Gelsemium sempervirens Carolina Jasmine
M Hedera helix English Ivy
M Jasminum mesny Yellow Jasmine
M Lonicera japonica ‘Halliana’ Hall’s Honeysuckle
M/D Macfadyena ungis-cati Cat Claw Vine
M/D Parthenocissus quinquefolia Virginia Creeper
M Rosa banksiae Lady Bank’s Rose
M Wisteria floribunda Japanese Wisteria
2. Ground
M/D Acacia redolens Prostrate Acacia
D Atriplex semibacata Salt Bush
M/D Buccharis pilularis ‘Twin Peaks’ Coyote Bush
D Cerastium tomentoseum Snow-in-summer
M/D Convolvulus mauritanicus Ground Morning Glory
D Dalea graggii Trailing Indigo Bush
M Euonymus fortunei Winter Creeper
M/D Festuca ovina glauca Blue Fescue
M/D Gazania rigens ‘Copper King’ Gazania
M Liriope muscari Lily Turf
D Oenothera berlandieri Mexican Primrose
M Ophiopogon japonicus Mondo Grass
M/D Pyrocantha coccinea ‘Low Boy’ Firethorn
M/D Teucrium chamaedrys Germander
M/D Verbena rigida Verbena
M Vinca major Periwinkle
M V. minor Dwarf Periwinkle
3. Trees
D Acacia constricta Whitethorn Acacia
D A. greggii Catclaw Acacia
D Ailathus altissima Tree of Heaven
M Albizzia j ullibrissin Silk Tree/Mimosa
M/D Arbutus unedoq Strawberry Tree
M/D Calocedrus decurrens Insense Cedar
M Cauarina stricta Beefwood/She Oak
D Catalpa speciosa Western Catalpa
M Chitalpa (Chiolopsis linearis X Catalpa bignonioides) M Cedrus atlantica Atlas Cedar
M C. deodora Deodar Cedar
D Celtis pallida Desert Hackberry
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M/D C. reticulata Western Hackberry
D Cercidium Floridum Blue Palo Verde
D C. microphyllum Little Leaf Palo Verde
M/D Cercis occidentalis Western Redbud
M Chamaerops humulis Mediterranean Fan Palm
D Chilopsis linearis Desert Willow
D Cupressus arizonica Arizona Cypress
D Cotinus coggygria Smoke Tree
D Cupressus glabra Arizona Cypress
D C. sempervirens Italian Cypress
D Elaeagnus angustifolia Russian Olive
M Eriobotrya japonica Loquat
D Eucalyptus cinerea Silver Dollar Gum
D E. gunnii Cider Gum
D E. microtheca Coolibah Tree
D E. nicholii Willow Lead Peppermint
D E. pulverulenta Silver Mountain Gum
M/D Fraxinus velutina Arizona Ash
M/D F.v. ‘Modesto’ Modesto Ash
M/D F.v. ‘Rio Grande’ Fan-Tex Ash
D Fremontodendron californicum Flannel Bush
M Gleditsia triacanthos Honey Locust
M G.t. ‘Sunburst’ Sunburst
D Heteromeles arbutifolia Toyon/California Holly
M/D Koelreuteria paniculata Golden Rain Tree
M/D Lagerstromeia indica Crape Myrtle
M/D Melia azedarach Chinaberry
M Morus alba Fruitless Mullberry
M/D Nerium oleander Oleander
M/D Olea eruopaea European Olive
D Parkinsonia aculeata Mexican Palo Verde
M Photinia fraseri Fraser’s Photinia
M/D Pinus eldarica Mondel Pine
M/D P. halepensis Aleppo Pine
M/D P. edulis Pinion Pine
M/D P. pinea Italian Stone Pine
M/D P. roxburghii Chir Pine
M/D P. thunbergiana Japanese Black Pine
D Pistachio atlantica Mt. Atlas Pistache
M Platanus acerfolia London Plane Tree
M R. pacemosa California Sycamore
D Prosopis species Mesquite
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D Prunis ilicifolia Hollyleaf Cherry
M P. caroliniana Carolina Cherry
M. P. cerasifera ‘Autopurpurea’ Purple Leaf Plum
M P. persica Flowering Peach
M/D Punica granatum Pomegranate
M Pyrus kawakamii Evergreen Pear
D Quercus dumosa Scrub Oak
M Q. ilex Holly Oak
M Q. lobata Valley Oak
M Q. palustris Pin Oak
M Q. suber Cork Oak
M/D Robinia ambigua ‘Idahoensis’ Idaho Locust
D R. Pseudoacacia Black Locust
M Sambucus mexicana Mexican Elderberry
M Sequoiadendron giganteium Giant Sequoia
D Sophora secundiflora Texas Mountain Laurel
M/D Trachycarpus fortunei Windmille Palm
M/D Vauquelinia californica Rosewood
M/D Vitex agnus-castus Chaste Tree
M/D Washingtonia filifera California Fan Palm
M/D W. robusta Mexian Fan Palm
D Yucca brevifolia Joshua Tree
M/D Zelkova Serrata Japanese Zelkova
M/D Ziziphus jujuba Chinese Date
4. Shrubs
M Abelia grandiflora Glossy Abelia
M A.g. ‘Prostata’ Dwarf abelia
D Agave americana Century plant
D Aloe saponaria African Aloe
M/D Arctostaphylos hookerii Monterey Manzanita
D Atriplex canescens Four-wing Salt Bush
D A. lentiformis Quail Bush
D A.l. ‘Breweri’ Brewer’s Saltbush
D Daccharis sarthroides Desert Broom
M Buxus microphylla Japanese Boxwood
D Caesalpinia gilliessi Desert Bird of paradise
D Calliandra eriophulla Fairy Duster
D Cassia Wislizeni Shrubby senna
D Cistus species Rockrose
M/D Convolvulus species Bush Morning Glory
D Cortaderia selloana Pampas Grass
M Cotoneaster horizontalis Rock Cotoneaster
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M C. microphyllus Rockspray Cotoneaster
M C. lacteus Parney Cotoneaster
D Dasylirion wheeleri Desert Spoon
D Dendromecon rigida Bush Poppy
D Elaeagnus pungens Silverberry
D Eriogonum species Buckwheat
M Euonymus Species Evergreen Euonymus
M Fatsia japonica Japanese Aralia
D Ferocactus species Barrel cactus
D Fouquieria splendens Ocotilla
D Hesperaloe englemanii Red Yucca
M/D Hibiscus syriacus Rose of Sharon
M Ilex cornuta “Burfordii’ Buford Holly
M/D Ilex vomitoria Yapon Holly
M/D Juniperus species Juniper
D Larrea tridentata Creosote Bush
D Lavendula species Lavender
D Leucophyllum frutescens Texas Ranger
M Ligustrum texanum Wax Leaf Privet
D Lycium species Desert Thorn
M/D Mahonia aquifolium Oregon Grape
M Myrtus communis True Myrtle
M M.c. Compacta Dwarf Myrtle
M M.c. ‘Boetica’ Tw isted Myrtle
M/D Nandina domestica Heavenly Bamboo
M/D N.d. ‘Nana’ Dwarf Nandina
M/D Nerium oleander Oleander
D Opuntia species Prickley Pear and Cholla Cactus
M Osmanthus fragrans Sweet Olive
D Pennisetum species Fountain Grass
D Penstemon species Beard Tongue
M Photinia fraseri Fraser’s Photinia
M P. serrulata Chinese Photinia
M Pittosporum tobira Mock Orange
M P.t. ‘Wheeler’s Dwarf Wheeler’s Dwarf
D Teucrium fruticans Bush Germander
M/D Puracantha species Firethorn
M Raphiolepis indica Indian Hawthorn
D Romneya coulteri Matilija Poppy
D Phus ovata Sugarbush
M/D Rosmarinus officinalis Bush Rosemary
M/D R. prostratus Dwarf Rosemary
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D Santolina chamaecyparissus Lavander Cotton
D S. virens Green Santolina
D Salvia dorrii Mojave Sage
M/D Syringa vulgaris Common Lilac
D Yucca alofolia Spanish Bayonet
D Y. schidigera Mojave Yucca
D Y. Whipplei Our Lord’s Candle
D Zauschneria california California Fuchsia
[Ord. No. 515, Exhibit I, 5/22/13; Ord. No. 528, Exhibit M, 9/10/14.] 665
APPENDIX B
CITY OF ADELANTO MUNICIPAL CODE
CHAPTER 1.20 MUNICIPAL CODE VIOLATIONS
CHAPTER 8.25 PUBLIC NUISANCES
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Chapter 1.20
MUNICIPAL CODE VIOLATIONS
Sections:
1.20.010 General Enforcement Provisions
1.20.020 General Enforcement Procedures
1.20.030 Special Enforcement Procedures
1.20.040 Criminal Enforcement Procedures
1.20.050 Civil Enforcement Procedures
1.20.060 Administrative Enforcement Procedures
1.20.070 Summary Enforcement Procedures
1.20.080 [Repealed]
1.20.090 License and Permit Revocation Procedures
1.20.010 General Enforcement Provisions.
A. Enforcement of Code. The City Council hereby declares that violations of the Code are harmful, injurious and threatening to the public health, safety and welfare. Therefore, it is the intent of the City Council that the provisions of the Code shall be enforced as provided in this Chapter or as may otherwise be provided under the Code or under the laws of the State of California.
It is the intent of the City Council to use all administrative, criminal and civil procedures legally available to enforce the provisions and requirements of this Code, to correct Code violations and to abate public nuisances arising from violations of the Code.
B. Definitions. Unless otherwise specially defined in this Section, all words, terms and phrases used in this Chapter shall have the meaning ascribed to them in Section 1.10.010 this Chapter or, if not defined therein, as otherwise may be defined in the Code. If no special definition is provided in the Code, then such words, terms and phrases shall have their common meaning.
C. Violations of the Code.
1. Misdemeanor. Any responsible person who commits a Code violation or who causes or permits the occurrence or continuance of a public nuisance on property which that person owns, leases, possesses or controls is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000.00) per each violation or by imprisonment not exceeding six (6) months or by both such fine and imprisonment.
2. Infractions.
a. Notwithstanding the provisions of Subsection 1. hereinabove, any offense that may be cited as a misdemeanor may be reduced by the City to an infraction where the Code violation or public nuisance does not present an immediate danger, hazard or injury to the public health or safety or where the responsible party has not previously been convicted of the same or substantially similar Code violations or public nuisances within the past five (5) years. b. Any responsible person who commits a Code violation or who causes or permits the occurrence or continuance of a public nuisance on property which that person owns, leases, possesses or controls which has been reduced to an infraction by the City is punishable by a fine not exceeding one hundred dollars ($100.00) for the first violation within a five (5) year period; by a fine not exceeding two hundred dollars ($200.00) for the second violation of the same provision within the same five (5) year period; and by a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision within the same five (5) year period.
3. Public Nuisance. Each and every violation of the provisions of this Code and other unlawful conditions are hereby declared to constitute a separate public nuisance which may be abated by the City through the enforcement procedures provided for in this Chapter or in any other manner provided by law for the abatement of public nuisances.
4. Aiding and Abetting. Whenever in this Code any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.
D. Separate and Continuing Violations.
1. Each and every Code violation and public nuisance committed, continued or permitted by a responsible person is a separate offense severally punishable or abatable as provided in this Chapter or as may otherwise be provided for under this Code.
2. Each responsible person shall be deemed guilty of a separate offense for each and every day, or any portion thereof, 667
during which any Code violation or public nuisance is committed, continued or permitted by such person and shall be punishable as provided in this Chapter or as may otherwise be provided for in this Code.
E. Procedures are Cumulative. The enforcement procedures authorized by this Chapter or as may otherwise be provided for in this Code or under the laws of the State of California are cumulative and not mutually exclusive. The City may simultaneously commence and pursue any one or more enforcement procedures against the responsible party for each Code violation or public nuisance to the fullest extent allowed by the law provided the City does not receive duplicative payment for any single Code violation or public nuisance.
F. Obligation to Pay Abatement Costs. The approved enforcement and abatement costs in an enforcement procedure against a responsible person for a Code violation or public nuisance which results in a conviction, civil judgment, injunction, abatement order or other administrative order shall constitute a personal obligation of the responsible person and may be recovered from the responsible person in said proceeding.
1.20.020 General Enforcement Procedures.
A. Enforcement Procedures.
1. This Chapter provides for criminal, civil and administrative enforcement procedures for Code violations and public nuisances. The enforcement officer is hereby authorized to select and pursue any one or more of the enforcement procedures for each Code violation or public nuisance. The enforcement officer is further authorized to pursue the enforcement procedures provided for in Sections 1.20.030 (Special Enforcement Provisions) and 1.20.070 (Summary Enforcement Procedures) where applicable. Notwithstanding the foregoing, the enforcement officer is also authorized to pursue any and all other enforcement procedures provided for by this Code and any procedures or remedies provided for under the laws of the State of California.
2. Except where the special procedures of Section1.20.030 or the summary procedures of Section1.20.070 are applicable, the enforcement officer shall commence each enforcement procedure by first issuing the notices required under this Section.
3. If, after issuance of the notices provided for in this Section and the expiration of the correction or abatement period stated in the notice of public nuisance, the responsible person has failed to complete the corrections or abatement specified in the notice of public nuisance, the enforcement officer may proceed with the criminal, civil and/or administrative procedures provided for in this Chapter with respect to the noticed Code violation(s) or public nuisance(s).
B. Notice to Responsible Person.
1. Initial Notice. The enforcement officer shall, upon the identification of any Code violation or public nuisance which does not constitute an imminent danger or hazard under Section 1.20.070 of this Chapter, advise the responsible person in writing of the existence thereof by means of a notice of violation, a stop work order or a notice to cease use or occupancy as provided herein.
2. Notice of Violation. Unless this Section prescribes the use of a stop work order or a notice to cease use or occupancy, the enforcement officer shall issue a notice of violation to the responsible person describing the Code violation(s) or public nuisance(s) stating a reasonable period of not less then seven (7) calendar days during which correction or abatement must occur and setting forth the actions required to correct the Code violation or abate the public nuisance. The notice shall also inform the responsible person of his liability for enforcement costs and any abatement costs incurred by the City in the enforcement procedure if the Code violation or public nuisance is not fully corrected within the stated period. The responsible person shall correct the Code violation or abate the public nuisance within the time stated in the notice.
3. Stop Work Order. Whenever any work is being done without or in violation of the appropriate permit or license or that is otherwise contrary to the provisions of the Code, the enforcement officer may order such work discontinued and the buildings, dwellings or structures, or portion thereof, vacated by notice issued to the responsible person. The notice shall describe the Code violation(s) or public nuisance(s), state a reasonable period of not less then seven (7) calendar days during which correction or abatement must occur and set forth the actions required to correct the Code violation or abate the public nuisance. The notice shall also inform the responsible person of his liability for enforcement fees and abatement costs incurred by the City in the enforcement procedure if the Code violation or public nuisance is not fully corrected within the stated period. When a stop work order is issued, any and all persons shall forthwith stop such work until the violations have been corrected; and the City has authorized the responsible person to proceed with the work.
4. Notice to Cease Use or Occupancy. Whenever any building, dwelling, structure or equipment therein regulated by the Code is being used or occupied contrary to the provisions of the Code, the enforcement officer may order such use discontinued and the building, dwelling, structure or equipment vacated by issuance of a notice to cease use or occupancy to the responsible person. The notice shall describe the Code violation(s) or public nuisance(s), state a reasonable period of not less then seven (7) calendar days by which the use or occupancy of the building, dwelling, structure or equipment must cease; state a reasonable period of not less than seven (7) calendar days during which correction or abatement must occur; and set forth the actions required to correct the Code violation or abate the public nuisance. The notice shall also inform the responsible person of his liability for enforcement fees and abatement costs incurred by the City in the enforcement procedure if the Code violation or public nuisance is not fully corrected within the stated period. All persons shall cease use or occupancy of the building, dwelling, structure or equipment within the time stated in the notice. The responsible person shall make the required corrections or complete the abatement within the time stated in the notice. 668
C. Notice of Public Nuisance. If, upon expiration of the period stated in the notice of violation, stop work order or notice to cease use or occupancy, the corrective or abatement work specified in the notice has not been completed, the enforcement officer shall issue a notice of public nuisance to the responsible person. The responsible person shall complete the corrective or abatement work within the time stated in the notice.
D. Issuance of Notices.
1. All notices required under this Section shall be issued to the responsible person in the following manner:
a. Except as is provided in Subsection c. hereinbelow, the enforcement officer shall, with reasonable diligence, attempt to personally serve the notice on the responsible person in the manner provided in California Code of Civil Procedure Section 415.10 or 415.20.
b. If after reasonable diligence the enforcement officer is not able to personally serve the notice as provided in Subsection a. hereinabove, the enforcement officer may issue the notice by completing both of the following:
(1) Posting the notice in a conspicuous place at the real property, building, dwelling or structure where the Code violation or public nuisance is alleged to exist; and
(2) Mailing a copy of the notice by certified mail, postage prepaid, to the responsible person at his last known address.
c. At the discretion of the enforcement officer, subsequent notice of public nuisance which relates to the initial Code violation or public nuisance may be served upon the responsible person by certified mail, postage prepaid, at his last known address.
2. Notwithstanding the provisions of this Section, the failure of any responsible person to actually receive any of the notices provided for under this Section shall not invalidate any enforcement procedure taken against the responsible person pursuant to this Chapter.
E. Right of Entry and Inspection.
1. The enforcement officer is hereby authorized to enter upon or into, in compliance with this Section, any real property, building, dwelling or structure located within the City and its sphere of influence for the purpose of investigating the existence of suspected or reported Code violations and public nuisances.
2. The enforcement officer shall only enter upon or into real property, buildings, dwellings and structures for the purpose of making an inspection as follows:
a. If the enforcement officer has duly obtained an inspection warrant pertaining to the real property, buildings, dwellings or structures from a California court of competent jurisdiction; or b. If the enforcement officer is accompanied by a peace officer who has obtained a search warrant pertaining to the real property, buildings, dwellings or structures from a California court of competent jurisdiction; or c. If the enforcement officer is accompanied by a peace officer without a search warrant but there exists facts that the peace officer determines fulfill an exemption to the search warrant requirement under prevailing state or federal law; or d. If the enforcement officer has obtained the permission of the responsible person or the owner, tenant, or occupant of the real property, buildings, dwellings or structures to be entered upon or in; or e. If the enforcement officer is informed of facts reasonably showing that an emergency exists or that there exists on or in the real property, buildings, dwellings or structures a condition which is imminently dangerous, hazardous or injurious to the public health or safety.
3. Nothing in this Section shall prohibit an enforcement officer from making a visual inspection of any real property, building, dwelling or structure from the public right-of-way or from any other real property, building, dwelling or structure for which the enforcement officer has obtained permission to enter by the owner, tenant or occupant thereof.
4. No person shall hinder or prevent an enforcement officer from entering, in compliance with this Section, upon or in any and all real property, buildings, dwellings or structures for the purpose of conducting any inspection authorized by this Chapter or as may otherwise be provided for in this Code or the laws of the State of California.
1.20.030 Special Enforcement Procedures.
The City Council has provided that certain Code violations or public nuisances shall be enforced, corrected or abated in accordance with special provisions stated in the Code. Where applicable, the enforcement officer shall first determine whether an alleged Code violation or public nuisance is governed by such special provisions. In the event such special provisions apply, the enforcement officer shall proceed in accordance with any alternative procedures or penalties prescribed therein. To the extent such special provisions conflict or augment the enforcement procedures provided for in this Chapter, the special provisions shall govern.
1.20.040 Criminal Enforcement Procedures.
If an enforcement officer has issued a notice of public nuisance to a responsible person and the corrective or abatement work specified in the notice has not been completed within the time stated therein, then the City may commence a criminal 669
enforcement proceeding against the responsible person in the California court of competent jurisdiction.
A. Initiation of Proceeding. The City may commence a criminal enforcement proceeding by issuing a criminal citation to the responsible person for one (1) or more Code violations. Criminal citations shall only be issued by enforcement officers certified under Penal Code Section 832 or a peace officer.
B. Citations in Lieu of Immediate Arraignment.
1. Notice to Appear in Lieu of Arrest. In any case in which a person is arrested for a violation of any provision of this Code and does not demand to be taken before a magistrate, such person may, in lieu of being taken before a magistrate, be issued a written notice to appear in court and may then be released, all pursuant to and in accordance with the procedures prescribed by Penal Code Sections 853.6 et seq.
2. Issuance of Citations by Designated Officers and Employees. Officers and employees of the City who have the discretionary duty to enforce a statute or ordinance may, pursuant to Penal Code Section 836.5 and subject to the provisions of this Section, arrest a person without a warrant whenever any such officer or employee has reasonable cause to believe that the person to be arrested has committed an offense in the officer’s or employee’s presence which he or she has the discretionary duty to enforce, and to issue a notice to appear, and to release such person on his or her written promise to appear in court, pursuant to Penal Code Section 853.6. No officer or employee shall be allowed by his or her superior to exercise the arrest and citation authority conferred in this Section unless such officer or employee is within a classification of City officers and employees designated by the City Council to exercise such arrest and citation authority as to specified violations. The City Manager shall establish and cause to be administered a special enforcement training program designated to instruct each officer or employee who will exercise such arrest and citation authority, regarding the provisions of the statutes and ordinances to be enforced, the evidentiary prerequisites to proper procedures for making arrests or otherwise prudently exercising such arrest and citation authority and the legal and practical ramifications and limitations attendant thereto. Any such officers or employees shall be appropriately instructed to deposit executed citations or notices with the Police Department for filing with the court, after review for legal sufficiency.
C. Post Citation Procedures. After the City has initiated a criminal proceeding against a responsible person, the procedures followed for release of persons arrested, notice to appear, bail and penalties for failure to appear shall be consistent with those procedures prescribed by Chapter 5C of Title 3 of Part 2 of the Penal Code, commencing with Section 853.5.
D. Cost Recovery in Criminal Proceedings.
1. The City shall be entitled to reimbursement from each responsible person upon conviction of a Code violation for its enforcement costs and any abatement costs in an amount approved by the court that were incurred by the City related to the Code violation.
2. Upon entry of the second and each subsequent criminal conviction for violation of the same Code Section within a one (1) year period, finding that the responsible person was guilty of the Code violation, the court may order the responsible person to pay restitution to the City equal to three (3) times the amount of the enforcement and abatement costs incurred by the City related to the Code violation.
3. Pursuant to Government Code Section 38773.5.(b), where the City makes a demand for the recovery of its attorneys’ fees at the initiation of a criminal action that was commenced by the City under this Chapter, the prevailing party in said action shall be entitled to recovery of that party’s attorneys’ fees in an amount not to exceed the amount of reasonable attorneys’ fees incurred by the City in said action.
1.20.050 Civil Enforcement Procedures.
A. Civil Proceedings.
1. Commencement of Action. If an enforcement officer has issued a notice of public nuisance to a responsible person and the corrective or abatement work specified in the notice has not been completed within the time stated therein, the City may commence a civil action against the responsible person in the California court of competent jurisdiction to prevent, restrain, correct or abate the Code violation or public nuisance and to recover enforcement and abatement costs, attorney fees, as well as any other damages and relief to which the City may be entitled.
2. Notice of Pendency. Upon the commencement of a civil action, the City may record a notice of pendency of action in each case where the Code violation or public nuisance affects the real property owned, leased or possessed by the responsible person. In the event the City elects to record a notice of pendency of action, then such notice shall comply with the requirements of Health and Safety Code Section 17985.
3. Relief Sought. In addition to any other remedies authorized by law, the City may seek any order or judgment from the court against the responsible person that is reasonably likely to prevent, restrain, correct or abate the Code violation or public nuisance or to compensate the City therefore including, but not limited to, any and all of following:
a. Injunctive relief, including temporary restraining orders, preliminary injunctions and permanent injunctions to restrain and enjoin the responsible person from causing, permitting or continuing a public nuisance, from using or occupying any real property, buildings, dwellings or structures in violation of the Code, from engaging in specified actions which are reasonably likely to lead to a violation of the Code, or from any act or omission which threatens or endangers the public health, safety or welfare;
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b. Orders requiring the correction of a Code violation or abatement of a public nuisance by repairing, rehabilitating, razing, demolishing or removing any building or structure, or by grading, clearing, grubbing or cleaning any real property by removing trash and debris, by ceasing any use or activity that is in violation of the provisions of this Code or by other appropriate remedy approved by the court;
c. Judgments for recovery of damages incurred by the City, awards of enforcement costs and any abatement costs, and reasonable attorneys’ fees incurred by the City related to the Code violation or public nuisance, and for such other and further relief as the court may grant.
B. Cost Recovery in Civil Actions. Pursuant to the procedures set forth inChapter 1.22 of this Code, the City is entitled to seek recovery of all nuisance abatement costs incurred in connection with any civil action taken to abate a public nuisance. [Ord. No. 568, Section 3, 5/10/17.]
1.20.060 Administrative Enforcement Procedures.
A. Administrative Proceedings.
1. Pursuant to Government Code Section 53069.4, every Code violation and public nuisance is hereby subject to an administrative fine, the collection of enforcement and abatement costs and, if applicable, an abatement order. The provisions of this Chapter shall govern the imposition, enforcement, collection and administrative review by the City of such fines, costs and orders.
2. The amount of the fine for Code violations or public nuisances imposed pursuant to this Chapter shall be set forth in a schedule of fines established by resolution of the City Council. The schedule of fines shall specify increased fines for repeat violations of the same Code Section by the same person within five (5) years of the date of the administrative citation and the amount of any late payment charges imposed for the payment of a fine after its due date.
3. Any person who fails to pay to the City any fine or enforcement cost imposed pursuant to the provisions of this Section on or before the date the fine and enforcement cost is due shall also be liable for the payment of any applicable late payment charges set forth in the schedule of administrative citation fines.
4. Payment of any administrative fine imposed hereunder shall not excuse or discharge any continuation or repeated occurrence of the Code violation or public nuisance that is the subject of the administrative citation.
5. If an enforcement officer has issued a notice of public nuisance to a responsible person and the corrective or abatement work specified in the notice has not been completed within the time stated therein, the City may commence an administrative proceeding pursuant to this Section against the responsible person to impose and collect the administrative fine and the enforcement costs and any abatement costs and to issue, if applicable, an abatement order.
B. Initiation of Proceeding.
1. The City may commence an administrative proceeding by issuing an administrative citation to the responsible person pertaining to one (1) or more Code violations or public nuisances. Administrative citations shall be issued by enforcement officers.
2. Each administrative citation shall contain the following information:
a. The date of the Code violation(s) or public nuisance(s); b. The address or a definite description of the location where the Code violation(s) or public nuisance(s) occurred; c. The Section(s) of the Code allegedly violated and a description of the Code violation(s) or public nuisance(s); d. The amount of each fine for each of the violation(s); e. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;
f. An order prohibiting the continuation or repeated occurrence of the Code violation or public nuisance described in the administrative citation;
g. A description of the administrative citation appeal process, including the time within which the administrative citation may be contested and the place from which an appeal may be obtained; h. If applicable, a notice that the City intends to hold a hearing on the issuance of an abatement order to permit the City to enter onto the real property or into buildings, dwellings or structures for the purpose of correcting the Code violation or abating the public nuisance. The notice shall also state the date, time and place of the hearing, and advise the responsible person that he has an opportunity to appear and be heard at this hearing; and i. The name and signature of the citing enforcement officer.
3. Each administrative citation shall be accompanied by an itemized statement and invoice of the enforcement costs incurred to the date of the citation. The statement shall include a notation that additional enforcement costs and any abatement costs may be added to the statement and subsequently invoiced in the event the Code violation or public nuisance is not forthwith corrected or abated.
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4. Administrative citations and accompanying enforcement cost statements shall be served to the responsible person in accordance with Section 1.20.020.D. of this Chapter. Failure to receive notice does not affect the validity of the proceedings.
C. Proceedings Imposing Fines Only.
1. Where the Code violation or public nuisance is not of a continuing nature or does not lend itself to abatement by the City, then the City, in its discretion, may pursue the procedure provided in this Section to impose, enforce and collect the fine and enforcement costs.
2. The responsible person cited shall have thirty (30) days from the date of the administrative citation to pay the amount of the fine and enforcement costs to the City.
3. The responsible person cited may contest issuance of the citation by paying the full penalty amount listed on the citation, and by filing a notice of a written appeal with the City Manager or designee within thirty (30) calendar days from the date of the administrative citation. The appeal request shall contain a specific identification number of the subject citation; the name and address of the appellant; a statement in ordinary and concise language of the specific(s) or action protested and the grounds for contesting the citation, together with all material facts in support thereof; and the date and signatures of the appellant.
Contest hearings shall be conducted by the hearing board, which may consist of either a hearing officer or, if no hearing officer has been designated, by the City Manager. The contest hearing shall be held not less than seven (7) calendar days and not more than ninety (90) calendar days from the date the notice of appeal is filed, provided, however, that no hearing to contest an administrative citation shall be held unless the full penalty amount has been deposited in advance.
4. The City shall provide the responsible person with written notice of the time and place of the contest hearing at least five (5) calendar days prior to the date of the hearing. If the enforcement officer submits an additional written report to the hearing board for consideration at the hearing, a copy of the report shall be served on the responsible person with the notice of hearing.
5. The responsible person’s failure to appear at the contest hearing shall constitute a forfeiture of any deposited amounts and be deemed a failure to exhaust the responsible person’s administrative remedies. In such event, the full amount of the enforcement costs and fine shall be due immediately; and the administrative citation shall be deemed a final administrative order for the purpose of Government Code Section 53069.4. The final administrative order shall be served on the responsible person by mailing a copy of the order by certified mail postage prepaid to the responsible person at his last known address.
6. The hearing board shall hear, receive and consider testimony and documentary evidence regarding the alleged Code violation or public nuisance. The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. The contesting responsible person shall be given the opportunity to testify at the hearing to present evidence concerning the administrative citation and to cross-examine the citing enforcement officer. The hearing shall not be subject to the formal rules of evidence or discovery. The hearing board may continue the hearing and request additional information from the enforcement officer or the responsible party prior to issuing a final administrative decision.
7. After considering all of the testimony and evidence submitted at the contest hearing, the hearing board shall issue a written decision to uphold or cancel the administrative citation, the amount of the fee and the amount of the enforcement fee and shall list in the decision the reason for that decision. The written decision of the hearing board shall be deemed a final administrative order for the purpose of Government Code Section 53069.4. The final administrative order shall be served on the responsible person by mailing a copy of the order by certified mail, postage prepaid, to the responsible person at his last known address.
8. If the hearing board determines after the hearing that the person charged in the administrative citation was not responsible for the Code violation or public nuisance or that there was no Code violation or public nuisance as charged in the administrative citation or that the amount of the fine or enforcement cost should be reduced, then the City shall amend the citation to conform with the order to the hearing board.
9. The City may collect any past due administrative citation fines, enforcement costs and late payment charges by use of all available legal means, including the use of the lien and special assessment procedures provided for in Chapter 1.22 of this Code.
D. Proceedings Imposing Fines and Abatement Orders.
1. Where the Code violation or public nuisance is of a continuing or persistent nature or presents a significant threat or risk to the public health, safety and welfare, the City, in its discretion, may pursue the procedure provided in this Section to impose, enforce and collect the fines, enforcement and abatement costs and to obtain an abatement order.
2. The administrative citation shall provide the responsible person with written notice that the City intends to hold a hearing concerning the imposition of an administrative fine and enforcement and abatement cost and the granting of an abatement order permitting the City to enter onto the real property or into the buildings or structures involved for the purpose of correcting the Code violation or abating the nuisance. The notice shall specify the date, time and place of the hearing. The abatement hearing shall be conducted by the hearing board. The abatement hearing shall be held not less than fifteen (15) days and not more than sixty (60) days from the date of the administrative citation. 672
3. At least ten (10) days prior to the abatement hearing, the City shall provide the responsible person with any written report issued by the enforcement officer concerning the Code violation or public nuisance along with the proposed scope of the abatement order.
4. The hearing board shall hear, receive and consider testimony and documentary evidence regarding the alleged Code violation or public nuisance and the necessary scope of the abatement order. The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. The responsible person shall be given the opportunity to testify at the hearing, to present evidence concerning the administrative citation and to cross-examine the citing enforcement officer. The hearing shall not be subject to the formal rules of evidence or discovery. The hearing board may continue the hearing and request additional information from the enforcement officer or the responsible party prior to issuing a final administrative decision.
5. After considering all of the testimony and evidence submitted at the abatement hearing, the hearing board shall issue a written order to uphold or cancel the administrative citation, fine and abatement order, determine the amount of the enforcement cost and likely abatement cost and list in the decision the reason for that decision. The hearing board shall also determine and state the scope of the abatement order. The written decision of the hearing board shall be deemed a final administrative order for the purpose of Government Code Section 53069.4. The final administrative order shall be served on the responsible person by posting the order in a conspicuous place on the property and by mailing a copy of the order to the responsible party by certified mail, postage prepaid, at his last known address.
6. If the hearing board determines after the hearing that the person charged in the administrative citation was not responsible for the Code violation or public nuisance or that there was no Code violation or public nuisance as charged in the administrative citation, then the citation shall be canceled. The hearing board shall also have the authority to reduce fines or enforcement fees based on the facts submitted at the hearing.
7. If, within thirty (30) days from the date of mailing of the hearing board’s final administrative order to the responsible person, the Code violation or public nuisance has not been corrected or abated and the fine and enforcement costs (exclusive of likely abatement costs) have not been paid to the City, then the City shall be authorized to enter onto the real property or into the buildings, dwellings or structures for the purpose of correcting the Code violation or abating the nuisance. In carrying out the correction or abatement under the order, the City may take such actions, including, but not limited to, repair, rehabilitation, demolition, clearing, grubbing, grading, trenching, building, constructing and other work as may be reasonably necessary to complete the correction or abatement.
8. After the City has acted upon an abatement order, the enforcement officer shall prepare an itemized statement and invoice of the actual abatement costs incurred by the City. The statement shall be mailed to the responsible person by certified mail, postage prepaid, to his last known address. The responsible person shall be obligated to pay the abatement costs unless the responsible party files an appeal of the costs with the City Clerk within fifteen (15) days of the mailing of the statement. The appeal shall be heard by the hearing board and shall proceed in the same manner as a contest hearing provided that the hearing board shall have no authority to consider or rescind the administrative citation, the abatement order, the fine or enforcement costs during this appeal.
9. The City may collect any past due administrative citation fines, enforcement costs, and late payment charges by use of all available legal means, including the use of the lien and special assessment procedures provided for in Chapter 1.22 of this Code.
E. Termination of Proceedings. In the event that the responsible person corrects the Code violation or abates the public nuisance in accordance with the administrative citation or abatement order prior to the expiration of the abatement period set forth therein, then the proceedings shall be terminated upon the City’s inspection and confirmation that compliance with the applicable Codes and ordinances has occurred. Such action shall not affect the right of the City to claim or recover unpaid enforcement costs as provided for in this Chapter. [Ord. No. 500, 9/8/10; Ord. No. 568, Sections 4, 5, 5/10/17.]
1.20.070 Summary Enforcement Procedures.
A. Authority to Abate.
1. The summary abatement of Code violations and public nuisances is hereby authorized, in accordance with the procedures set forth in this Section, where the enforcement officer, based on the facts then known, determines that any condition or violation of the Code or other situation presents an imminent danger or hazard or is imminently injurious to the public health or safety.
2. No person shall remain in or enter any building, dwelling or structure which has been posted with a notice to vacate or a “Do Not Enter - Unsafe to Occupy” sign by an enforcement officer, except that entry may be made to repair, demolish or remove such building, dwelling or structure with permission of the City Building Official.
B. Summary Procedures.
1. Notwithstanding any other provision of this Chapter to the contrary, summary abatement shall be conducted in accordance with the following procedures:
a. The enforcement officer shall document the facts then known which support his determination that a condition presents an imminent danger or hazard or is imminently injurious to the public health or safety. 673
b. The enforcement officer shall attempt to make telephonic or personal contact with the responsible person. In the event such contact is made, the enforcement officer shall orally, or in writing, require the immediate abatement of the imminently dangerous, hazardous or injurious public nuisance, or order the vacation of the buildings, dwellings or structures as provided for in Section 1.20.070.C. of this Chapter, so as to preclude harm to any life or property. c. If the enforcement officer is unable to make contact as herein above noted or if the responsible person, after notification by the enforcement officer, does not abate the public nuisance or vacate the buildings, dwellings or structures within the required period, then the enforcement officer is authorized to take all actions deemed reasonably necessary to correct the Code violation or abate the public nuisance with the use of City forces or its agents or representatives. d. The enforcement officer shall keep an itemized account of the enforcement and abatement costs incurred by the City in correcting the Code violation or abating the public nuisance and serve the appropriate administrative citation and enforcement and abatement cost statement and invoice on the responsible party pursuant to Section 1.20.060.C. of this Chapter after the correction or abatement is completed.
2. As an alternative to the procedure provided in Section1.20.070.B., the City may, at its discretion, utilize the procedures provided for under the most recent version of the Uniform Code for the Abatement of Dangerous Buildings.
3. The responsible person shall be liable for payment of all enforcement and abatement costs incurred by the City, pursuant to Chapter 1.22 of this Code.
C. Notice to Vacate.
1. In accordance with the procedures provided in Section1.20.070.B. of this Chapter, whenever a building, dwelling or structure is in such condition to make it imminently dangerous, hazardous or injurious to the life, limb, property or the safety of the public or of the occupants, it shall be ordered to be vacated. Any building, dwelling or structure whereby improper maintenance has rendered it unsanitary or unhealthful such that it is unfit for human habitation, shall be vacated until the unsanitary or unhealthful conditions are abated. For purposes of this Section, connection to necessary utilities such as water, electric, gas and sewer (or functional, approved septic system) shall be required to be considered sanitary and healthful and to make a building, dwelling or structure fit for human habitation.
2. The enforcement officer shall issue a notice to vacate. The notice to vacate shall be posted on the building or structure in a conspicuous manner. Promptly thereafter, the enforcement officer shall mail a copy of the notice to the responsible person and each tenant if addresses for same are reasonably obtainable, by certified mail, postage prepaid. In addition to the notice to vacate, the enforcement officer shall post on each exit on the building, dwelling or structure that is required to be vacated, a sign substantially in the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is a violation of City Ordinance to occupy this building or to remove or deface this notice.
Building Official Date
No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building with permission of the City building official.
3. When the cause for the notice to vacate has been abated, the enforcement officer shall promptly remove any posted notice to vacate or “Do Not Enter - Unsafe to Occupy” sign, and the responsible person and/or the tenants and occupants may be allowed to reoccupy the building, dwelling or structure even if further Code violations or public nuisances exist provided that none render the building, dwelling or structure unsanitary, unhealthful or unsafe such that it is unfit for human habitation or imminently dangerous, hazardous or injurious to the health and safety of the occupant. [Ord. No. 568, Section 6, 5/10/17.]
1.20.080 [Repealed].
1.20.090 License and Permit Revocation Procedures.
A. Suspension and Revocation of Licenses and Permits.
1. Licenses. All licenses issued under the provisions of this Code shall be in compliance with all applicable laws and ordinances of the City, the State of California and the United States of America.
2. Grounds for Suspension or Revocation. Any license or permit granted through the provisions of this Code may be suspended or revoked by the department issuing the permit or license if it is determined either:
a. That it was fraudulently obtained or issued in error; or b. That the information provided in the application was incomplete, incorrect or false in any material respect, or that there was an omission of a material fact; or
c. That the license holder is operating its business in violation of any statute, ordinance or law; or 674
d. That the revocation is necessary to protect the health, safety or welfare of the public.
3. Appeal Procedure. Prior to any suspension or revocation of license or permit, the issuing department shall, by certified mail, postage prepaid, give the license or permit holder ten (10) days notice of the City’s intent to suspend or revoke such license or permit. Within ten (10) days of the date of such notice, the license or permit holder may file a written request with the City Clerk to appear before the hearing board; and when a hearing is thereafter scheduled by the City Clerk and notice given to the license or permit holder thereof by certified, mail postage prepaid, the license holder may appear and show cause before the hearing board why such license or permit should not be suspended or revoked. Upon the failure of the license or permit holder to file a written request for a hearing within said period, or if after the hearing of the hearing board the hearing board finds good and sufficient cause for suspension or revocation, the license or permit shall be suspended or revoked. No refund of any license or permit fee shall be made following suspension or revocation.
Suspension or revocation of a license or permit shall be effective upon action of the hearing board as herein described.
4. Expiration of Permits. Every permit, unless otherwise specified, shall expire by limitation and become null and void if the work authorized by the permit is not commenced within sixty (60) days of the permit issuance or is not completed within two hundred ten (210) days of the permit issuance or if a period of ninety (90) days lapses between inspection approval.
Any permittee holding an unexpired permit may apply in writing for an extension of time not to exceed one hundred eighty (180) days to complete the permitted work. No permit shall be extended more than once. Notwithstanding the forgoing, permits for work with valuation in excess of two hundred fifty thousand dollars ($250,000.00) may be extended indefinitely as long as work proceeds continuously and does not stop for any period longer than sixty (60) days. 675
CHAPTER 8.25
PUBLIC NUISANCES
Sections:
8.25.010 Purpose
8.25.020 Unlawful Public Nuisances
8.25.030 Abatement of Public Nuisance Generally
8.25.040 Notification of Public Nuisance
8.25.050 Administrative Hearing to Abate Nuisance
8.25.060 Notice of Hearing
8.25.070 Administrative Hearing by City Manager
8.25.080 Abatement Procedure in Absence of Appeal
8.25.090 Appeal Procedure - Hearing by City Council
8.25.100 Decision by City Council
8.25.110 Service of Order to Abate
8.25.120 Hearing Procedure Before City Manager and City Council
8.25.130 Abatement by City
8.25.140 Filing of Judicial Action - Limitation
8.25.150 Demolition Authorized When
8.25.160 Notice of Intent to Demolish
8.25.170 Cost Recovery
8.25.180 [Repealed]
8.25.190 [Repealed]
8.25.200 [Repealed]
8.25.210 [Repealed]
8.25.220 [Repealed]
8.25.230 Emergency Abatement - Authority - Notice
8.25.240 Emergency Abatement - Notice to City Council
8.25.250 Alternative Actions Available - Violation an Infraction
8.25.260 Violation and Penalties - Enforcement Authority
8.25.010 Purpose.
Blight, consisting of fire hazards, polluted air and water, abandoned vehicles and improperly maintained property, among others, creates an unsightly appearance, creates a hazard to the public health, safety and welfare, and is a nuisance. It is hereby declared to be in the public interest to promote the public health, safety and welfare of the residents of the City by providing a procedure for the abatement of nuisances which shall be in addition to all other procedures allowed by this Code or any other manner provided by law.
8.25.020 Unlawful Public Nuisances.
Each and every one of the following conditions or acts is declared to be a public nuisance:
A. Trash and Debris. Accumulated trash and debris shall be declared a public nuisance and shall not be kept, stored, or maintained by any person owning, leasing, occupying, or having charge or possession of any real property. It shall also be considered a public nuisance for any person to dump, drop, bury, or otherwise dispose of trash and/or debris on public or private property not under ownership of said person. Trash and debris shall include, but not be limited to, boxes, containers, broken or discarded furniture, household goods, appliances, inoperable equipment and/or machine parts, clothing, cans, bottles, lumber, wood, metals, garbage, rags, discarded bedding, plastics, tires, refuse, animal wastes not picked up on a weekly basis, excessive amounts of yard and tree trimmings, and any other material which interferes with the neighbors’ reasonable enjoyment of their property.
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1. Exceptions.
a. Materials safely stored within a legally permitted structure not violating any other provisions of this Code; b. Firewood (five [5] cords or less) stored on site for use entirely by the building occupants on site; c. Material storage permitted by other provisions of this Code; d. Materials which are bundled, boxed, or stored and waiting for the next available removal by the franchised waste hauler;
e. Refuse or containers or receptacles for refuse placed in the public street or right-of-way in accordance with Section
8.01.300.C.
B. Inoperative Vehicles. Inoperative vehicles as described in Section8.15.020 are declared a public nuisance and shall not be kept, stored or maintained by any person owning, leasing, occupying or having charge or possession of any real property. Inoperative vehicles shall include the presence of any abandoned, wrecked, dismantled or inoperative vehicle or parts thereof on public or private property, not including highways. This Section shall not preclude any other legal method enacted by the City or State to remove abandoned vehicles.
1. Exceptions.
a. Vehicles or parts completely enclosed within buildings permitted for such use and not visible from the public rightof-way or public or private property; b. Vehicles or parts thereof, legally stored or parked on private property in connection with a licensed vehicle dealer, licensed dismantler, licensed junk dealer, or when such storage or parking is necessary to the operations of a lawfully established business;
c. Not more than two (2) vehicles may be stored in a rear yard area at least fifteen (15) feet from any residence, if not encroaching within the building setback areas.
C. Health and Safety. The following health and safety concerns are declared a public nuisance and shall not be kept, stored, maintained or allowed by any person owning, leasing, occupying or having charge or possession of any real property. Health and safety nuisances shall include, but not be limited to, the following:
1. Open, unused, or abandoned wells, pools, ponds, pits, shafts, and other unsafe and/or unsecured situations;
2. Manure or rubbish accumulations not disposed of on a weekly basis;
3. Animal carcasses for animals not weighing more than one hundred (100) pounds not buried or destroyed within twenty-four (24) hours of the animal’s death. Animal carcasses for animals greater than one hundred (100) pounds must be removed by or delivered to a licensed disposal service within twenty-four (24) hours of the animal’s death;
4. Any hazardous or infectious material including, but not limited to, explosives, dangerous substances, toxic substances, sewage, human waste, gray water and infectious wastes, not kept with appropriate permits. Gray water shall be used in compliance with State law;
5. Outdoor water usage causing water to run onto the public right-of-way;
6. Breeding or harborage places for animals known to carry or transmit disease to humans (e.g., mosquito breeding in stored tires where rainwater can be trapped);
7. Trees, hedges, billboards or other obstructions which prevent persons from having a clear view of traffic approaching an intersection from cross streets in sufficient time to bring a motor vehicle driven at a reasonable speed to a full stop before the intersection is reached;
8. Obstructions and excavations affecting the ordinary use by the public of streets, alleys, sidewalks or public grounds except under such conditions as are provided by law;
9. Any use of property abutting upon a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the streets and sidewalks;
10. Other conditions or things which are likely to cause injuury to the person or property of anyone, or which may be detrimental to public health and safety as defined in the California Health and Safety Code;
11. Outside storage of operable or inoperable refrigerators, freezers, washing machines, dishwashers, televisions, clothes dryers or other appliances;
12. Any pool, pond or body of water which contains excessive or unhealthy levels of bacterial or algal growth, remains of animals or insects, refuse, debris, or any other foreign matter which may cause an unhealthy or unsafe condition.
D. Property Maintenance. Any property upon which any of the following unpermitted conditions exists shall be deemed to be a public nuisance:
1. Any grading or construction, including but not limited to walls and fences, which increases, concentrates, or redirects storm flows which can or may cause damage to adjacent or nearby public property; 677
2. Any hole, trench, ditch, or excavation greater than two (2) feet in depth with sides steeper than two (2) horizontal to one (1) vertical (2:1);
3. Any attractive nuisance, where minors may obtain access and be injured;
4. Improper maintenance of landscaping or irrigation systems, including, but not limited to, any landscaping required as part of a City land use approval (e.g., grass, rock, xeriscape);
5. Encroachment by any structure within required building setbacks;
6. Overgrown or unmaintained vegetation that may cause detriment to neighboring properties or may cause a hazardous condition for motorists or pedestrians;
7. Dead or dying plants or trees which may be dangerous to the public;
8. Any vehicle or trailer parked on or near the public right-of-way for the primary purpose of advertising or directing attention to a place of business. This shall not apply to the business owner’s vehicle when located at his/her place of business;
9. A clothesline, or clothes, hanging in the front yard or on fences in other yards;
10. Buildings, structures, walls or fences constructed of materials not approved for exterior use or improperly maintained. Improperly maintained may include but not be limited to listing from the vertical axis, moveable with a lateral force of ten (10) pounds or less, dilapidation or similar structural deficiency.
E. Dangerous Building; Substandard Housing. Any building or structure which has any of the conditions described hereinafter shall be deemed to be a dangerous building and a public nuisance:
1. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirements or prohibition applicable to such building or structure provided by the building regulations of the City, as specified in the Building Code or Section 8.25.060 or of any law or ordinance of this State or jurisdiction relating to the condition, location or structure of buildings.
2. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Health Officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
3. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the Fire Marshal to be a fire hazard.
4. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.
5. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to continue such building or portion thereof an attractive nuisance or hazard to the public.
6. Any building or structure used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any controlled substance as specified in California Health and Safety Code Section 11570.
7. Any building or structure wherein any activity declared illegal or unlawful by any other applicable federal, State, County or local law or ordinance is conducted, including but not limited to, gang activity in California Penal Code Section 186.22(a).
F. Other Conditions Declared a Public Nuisance. The following conditions shall be deemed to be and constitute a public nuisance:
1. Limbs of trees which are less than eight (8) feet above the surface of any public street or sidewalk.
2. Loud noises and annoying vibrations.
3. Dangerous unguarded machinery in any public place or so situated or operated on private property as to attract the public.
4. Use of stationary loudspeakers in any part of the City in such a manner as to annoy City residents of businesses.
5. The giving of a report of the existence of any emergency to any police officer, any City employee or to any other person, with the intent or request that the same be transmitted to a City employee, knowing such report to be false.
G. Any violation of this Code or any other unlawful condition is hereby declared to be a public nuisance as set forth in Chapter 1.20 of this Code.
[Ord. No. 568, Section 10, 5/10/17.]
8.25.030 Abatement of Public Nuisances Generally.
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Any property found to constitute a public nuisance in violation of Section8.25.040 shall be abated by rehabilitation, removal, demolition, or repair pursuant to the procedures set forth in this Chapter. The procedures for abatement set forth in this Chapter shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner provided by law.
8.25.040 Notification of Public Nuisance.
Whenever the City Manager determines that all or any part of any property within the City is being maintained contrary to one or more of the provisions of Section 8.25.040, he shall give written notice (notice to abate) to the owner of said property stating the section(s) being violated. Such notice shall set forth a reasonable time limit, in no event less than seven calendar days, for correcting the violation(s) and may also set forth suggested methods of correcting the same. Such notice shall be served upon the owner in accordance with provisions of Section 8.25.060 covering service in person or by mail.
8.25.050 Administrative Hearing to Abate Nuisance.
In the event said owner shall fail, neglect or refuse to comply with the notice to abate, the City Manager shall conduct an administrative hearing to ascertain whether the violation constitutes a public nuisance.
8.25.060 Notice of Hearing.
Notice of said hearing shall be served upon the owner not less than seven calendar days before the time fixed for hearing.
The notice of hearing shall be served in person, by first class mail, or by certified mail to the owner’s last known address.
Service shall be deemed complete at the time notice is personally served or deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder. Notice shall be substantially in the format set forth below:
“NOTICE OF ADMINISTRATIVE HEARING ON ABATEMENT OF NUISANCE” This is a notice of hearing before the City Manager (or his/her designees) to ascertain whether certain property situated in the City of Adelanto, State of California, known and designated as (street address) ____________________________________ , in said City, and more particularly described as (assessors parcel number) __________________________ constitutes a public nuisance subject to abatement by the rehabilitation of such property or by the repair or demolition of buildings situated thereon. If said property, in whole or part, is found to constitute a public nuisance as defined in Section 8.25.020 of the City of Adelanto Municipal Code, and if the same is not promptly abated by the owner, such nuisance may be abated by municipal authorities, in which case the cost of such rehabilitation, repair, or demolition will be assessed upon such property and such costs, together with interest thereon, will constitute a lien and special assessment upon such property until paid; in addition, you may be cited for violation of the provisions of the City ordinances and subject to a fine.
Said alleged conditions consist of the following: ____________________ ______________________________________________________________________________________________ The method(s) of abatement are: ________________________________ ______________________________________________________________________________________________ All persons having an interest in said matters may attend the hearing and their testimony and evidence will be heard and given due consideration.
Dated this ______ day of ________________________, 20____. ____________________________
City Manager
Time and Date of Hearing: ____________________________________ Location of Hearing: ________________________________________ Ord. _______________________
[Ord. No. 568, Section 11, 5/10/17.]
8.25.070 Administrative Hearing by City Manager.
A. At the time stated in the notice, the City Manager shall hear and consider all relevant evidence, objections or protests, and shall receive testimony under oath relative to such alleged public nuisance and to proposed rehabilitation, repair, removal or demolition of such property. Said hearing may be continued from time to time.
B. If the City Manager finds that such public nuisance does exist and that there is a sufficient cause to rehabilitate, demolish, remove or repair the same, the City Manager shall prepare findings and an order, which shall specify the nature of the nuisance, the method(s) of abatement and the time within which the work shall be commenced and completed. The order shall include reference to the right to appeal set forth in Section 8.25.090. A copy of the findings and order shall be served on all owners of the subject property in accordance with the provisions of Sections 8.25.040 and 8.25.060. In addition, a copy of the findings and order shall be forthwith conspicuously posted on or near the property. 679
8.25.080 Abatement Procedure in Absence of Appeal.
In the absence of any appeal, the property shall be rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in said findings and order. In the event the owner fails to abate the nuisance as ordered, the City Manager shall cause the same to be abated by City employees or private contract. The costs shall be billed to the owner, as specified in Section 8.25.130. The City Manager or representative is expressly authorized to enter upon said property for such purposes.
8.25.090 Appeal Procedure - Hearing by City Council.
A. The owner may appeal the City Manager’s findings and order to the City Council by filing an appeal with the City Clerk within seven (7) calendar days of the date of service of the City Manager’s decision. The appeal shall contain:
1. A specific identification of the subject property;
2. The names and addresses of all appellants;
3. A statement of appellant’s legal interest in the subject property;
4. A statement in ordinary and concise language of the specific order or action protested and the grounds for appeal, together with all material facts in support thereof;
5. The date and signatures of all appellants; and
6. The verification of at least one appellant as to the truth of the matters stated in the appeal.
B. As soon as practicable after receiving the appeal, the City Clerk shall set a date for the Council to hear the appeal which date shall be not less than seven (7) calendar days nor more than thirty (30) calendar days from the date the appeal was filed. The City Clerk shall give each appellant written notice of the time and the place of the hearing at least five (5) calendar days prior to the date of the hearing, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal.
Continuances of the hearing may be granted by the City Council on request of the owner for good cause shown, or on the City Council’s own motion.
8.25.100 Decision by City Council.
Upon the conclusion of the hearing, the City Council shall determine whether the property or any part thereof, as maintained, constitutes a public nuisance. If the City Council so finds, it shall adopt a resolution declaring such property to be a public nuisance, setting forth its findings and ordering the abatement of the same by having such property rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in said resolution. The resolution shall set forth the time within which such work shall be completed by the owner, in no event less than thirty (30) days. The decision and order of the City Council shall be final.
8.25.110 Service of Order to Abate.
A copy of the resolution of the Council ordering the abatement of the nuisance shall be served upon the owner(s) of the property in accordance with the provisions of Section 8.25.060. Upon abatement in full by the owner, the proceedings hereunder shall terminate.
8.25.120 Hearing Procedure Before City Manager and City Council.
A. All hearings shall be tape recorded.
B. Hearings need not be conducted according to the technical rules of evidence.
C. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this State. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this State.
D. Oral evidence shall be taken only on oath or affirmation.
E. Irrelevant and unduly repetitious evidence shall be excluded.
8.25.130 Abatement by City.
A. If such nuisance is not abated as ordered within said abatement period, the City Manager shall cause the same to be abated by City employees or private contract. The City Manager or representative is expressly authorized to enter upon said property for such purposes. The cost, including incidental expenses, of abating the nuisance shall be billed to the owner and shall become due and payable thirty days thereafter. The term “incidental expenses” shall include, but not be limited to, personnel costs incurred in documenting the nuisance; the actual expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspecting the work; and the costs of printing and mailing required hereunder.
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B. A person shall not obstruct, impede or interfere with the City Manager, or his/her representative, or with any person who owns, or holds any interest or estate in, any property in the performance of any necessary act, preliminary to or incidental to, carrying out an abatement order issued pursuant to Sections 8.25.070 and 8.25.100.
8.25.140 Filing of Judicial Action - Limitation.
Any action appealing the City Council’s decision and order shall be commenced within thirty (30) calendar days of the date of service of the decision.
8.25.150 Demolition Authorized When.
No property shall be found to be a public nuisance under Section8.25.020 and ordered demolished unless the order is based on competent sworn testimony and it is found that in fairness and in justice there is no way other than demolition reasonably to correct such nuisance.
8.25.160 Notice of Intent to Demolish.
A copy of any order or resolution requiring abatement by demolition under Section8.25.070 or 8.25.110 shall be forthwith recorded with the San Bernardino County Recorder.
8.25.170 Cost Recovery.
Pursuant to the procedures set forth inChapter 1.22 of this Code, the City is entitled to seek recovery of all nuisance abatement costs incurred in connection with any action taken to abate any violation or public nuisance under this Chapter. [Ord. No. 568, Section 12, 5/10/17.]
8.25.180 [Repealed].
8.25.190 [Repealed].
8.25.200 [Repealed].
8.25.210 [Repealed].
8.25.220 [Repealed].
8.25.230 Emergency Abatement - Authority - Notice.
Whenever any nuisance as defined herein constitutes an immediate hazard to life, health or property and, in the opinion of the City Manager or his/her designee, abatement must be undertaken immediately, the City Manager may abate or cause to be abated all or any portion of the nuisance as may be necessary to protect life, health or property after giving such notice to the parties concerned as the circumstances will permit or without any notice whatever when, in the opinion of the City Manager or designee, immediate action is necessary.
8.25.240 Emergency Abatement - Notice to City Council.
Whenever an emergency abatement action is taken pursuant to Section8.25.230, the City Manager or his/her designee shall submit to the City Council a written report indicating the location of the nuisance and the reasons requiring emergency abatement thereof. A copy of this report shall be attached to or included as a part of notice to the owner of record when notice is given as previously provided in this Chapter.
8.25.250 Alternative Actions Available - Violation an Infraction.
Nothing in this Chapter shall be deemed to prevent the City Council from ordering the commencement of a civil proceeding to abate a public nuisance pursuant to applicable law or from pursuing any other remedy available under applicable law.
Violation of the provisions of this Chapter may be enforced pursuant to provisions of Chapter 1.20 of this Code.
8.25.260 Violation and Penalties - Enforcement Authority.
A. Each person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued or permitted by such person and shall be punishable accordingly.
B. The City Manager shall have the power to designate by written order that particular officers or employees shall be authorized to enforce particular provisions of this Chapter. Officers or employees so designated shall have the authority to arrest persons who violate any of said provisions.
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APPENDIX C
CITY OF ADELANTO RESOLUTION NO. 21-05
ADOPTION OF WATER SHORTAGE CONTINGENCY PLAN
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APUA RESOLUTION NO. 21-05
A RESOLUTION OF THE ADELANTO PUBLIC UTILITY AUTHORITY OF
THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO,
CALIFORNIA, APPROVING THE 2020 URBAN WATER MANAGEMENT
PLAN AND THE 2021 WATER SHORTAGE CONTINGENCY PLAN
UPDATE ADOPTION AND ORDERING THE PLANS TO BE FILED WITH
THE DEPARTMENT OF WATER RESOURCES
WHEREAS, the California Urban Water Management Planning Act, (Water Code Section §10610 et Seq. (the Act)), mandates that every urban supplier of water providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually, prepare and adopt, in accordance with prescribed requirements an Urban Water Management Plan (UWMP), the primary objective of which is to plan for the conservation and efficient use of water, and a Water Shortage Contingency Plan (WSCP) (collectively “Plans”) as part of the UWMP; and
WHEREAS, the Adelanto Public Utility Authority is an Urban Supplier of water in excess of over 3,000 acre feet annually; and
WHEREAS, pursuant to recent amendments to the Act, urban water suppliers are required to update, adopt and electronically submit their Plans to the California Department of Water Resources following specific requirements and procedures; and WHEREAS, the Plans shall be periodically reviewed at least once every five years, and that the Adelanto Public Utility Authority shall make any amendments or changes to each Plan that are indicated by the review; and
WHEREAS, the Adelanto Public Utility Authority has therefore, prepared in cooperation with other governmental agencies, and has utilized and relied on industry standards and professionals in preparing the Plans, and made available for public review a draft 2020 UWMP and a draft 2021 WSCP; and
WHEREAS, in accordance with applicable law, including Water Code section 10642 and Government Code 6066, a properly noticed public hearing regarding said Plans was held by the Adelanto Public Utility Authority on August 25, 2021, to provide members of the public and other interested entities the opportunity to be heard in connection with the proposed adoption of the 2020 UWMP and the 2021 WSCP and issues related thereto; and
WHEREAS, the Adelanto Public Utility Authority’s Board of Directors has reviewed and considered the purposes and requirements of the Act, the contents of the 2020 UWMP and the 2021 WSCP, and the documentation contained in administrative record in support of the Plans, and has determined that the factual analyses and conclusions set forth in the Plans are legally sufficient; and
WHEREAS, the Adelanto Public Utility Authority desires to adopt and file said Plans with the Department of Water Resources within thirty (30) days of the date of adoption; and 683
WHEREAS, Section 10652 of the California Water Code provides that the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code (CEQA) does not apply to the preparation and adoption of the UWMP and the WSCP.
NOW, THEREFORE BE IT RESOLVED, the Adelanto Public Utility Authority Board of Directors does hereby resolve as follows:
Section 1. The Adelanto Public Utility Authority Board of Directors authorizes the adoption of its 2020 Urban Water Management Plan and its 2021 Water Shortage Continency Plan and orders the filing of the Plans with the California Department of Water Resources.
Section 2. The Adelanto Public Utility Authority is further authorized, in accordance with Water Code section 10621(d) and 10644(a)(I)(2), to make the adopted Plans available for public review at the Adelanto Governmental Center and on the City of Adelanto website, and to submit a copy of the Plans to the California State Library, and to any city or county within which the Authority provides water supplies no later than thirty (30) days after adoption.
Section 2. The Adelanto Public Utility Authority is further authorized to implement the Water Conservation Programs as set forth in the 2020 Urban Water Management Plan with recommendations regarding necessary procedures, rules, and regulations to carry out effective and equitable water conservation and water recycling programs.
Section 3. The Adelanto Public Utility Authority is further authorized to declare a Water Shortage Emergency according to the Water Shortage Levels and Triggers indicated in the Water Shortage Contingency Plan, implement necessary elements of said Plan, and recommend additional regulations to carry out effective and equitable allocation of water resources.
PASSED, APPROVED AND ADOPTED this 25th day of August 2021, by the following vote:
______________________________
Gabriel Reyes, President
_______________________________
Brenda Lopez, CMC, Secretary
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I, Brenda Lopez, Secretary of the Adelanto Public Utility Authority do hereby certify that the foregoing Resolution No. APUA 21-05 was duly and regularly adopted at a regular meeting of the Board of Directors of the Adelanto Public Utility Authority on this 25th day of August 2021, be the following vote to wit:
AYES: Council Members Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 25th day of August 2021.
______________________________
Brenda Lopez, CMC, Secretary
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2025 Mojave RUWMP – Public Draft A-6
APPENDIX 7B – THE CITY OF
ADELANTO DWR CHECKLIST
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Retail
(x = required)
Wholesale
(x = required) Order 2025 Guidebook Location Water Code Section Summary as Applies to UWMP Subject Relevant
Submittal
Table
2025 UWMP
Location
Retail Chapter
Location
x x 1 Chapter 1 10615 A plan shall describe and evaluate sources of supply, reasonable and practical efficient uses, reclamation and demand management activities.
Introduction and
overview n/a Chapter 7 7.4, 7.6
x x 1 Chapter 1 10630.5
Each plan shall include a simple description of the Supplier’s plan including water availability, future requirements, a strategy for meeting needs, and other pertinent information. Additionally, a Supplier may also choose to include a simple description at the beginning of each chapter.
Plan preparation n/a Chapter 7 Beginning of each subchapter x x 2.1 Section 2.1 10620(b) Every person that becomes a Supplier shall adopt UWMP within one year after it has become a Supplier. Plan preparation n/a Chapter 7 7.1
x n/a 2.5 Section 2.5 10644 Supplier shall report the Public Water Systems number, volume of delivered water, and number of connections that are included in this UWMP. Plan preparation 2-1 Chapter 7 7.2, 7.5 x x 2.5 Section 2.5 10644 Supplier shall report if this UWMP is an individual UWMP and whether the Supplier belongs to a regional UWMP or regional alliance. Plan preparation 2-2 Chapter 7 7.1 x x 2.5 Section 2.5 10644 Supplier shall report whether the data is in fiscal or calendar years and the units of measure used for reporting water volumes. Plan preparation 2-3 Chapter 7 7.1 x x 2.4 Section 2.4 10642
Provide supporting documentation that the Supplier has encouraged active involvement of diverse social, cultural, and economic elements of the population within the service area prior to and during the preparation of the plan and contingency plan.
Plan preparation n/a Chapter 7 7.1
x x 2.4 Section 2.4.2 10620(d)(3)
Coordinate the preparation of its plan with other appropriate agencies in the area, including other Suppliers that share a common source, water management agencies, and relevant public agencies, to the extent practicable.
Plan preparation n/a Chapter 7 7.1
x n/a 2.4 Section 2.4.1 10631(h) Retail Suppliers will include documentation that they have provided their Wholesale Supplier(s)—if any—with water use projections from that source. Plan preparation 2-4 R Chapter 7 7.1
n/a x 2.4 Section 2.4.1 10631(h)
Wholesale Suppliers will provide their Suppliers with identification and quantification of the existing and planned sources of water available from the Wholesale Supplier to the Supplier during various water year types.
Plan preparation 2-4 W Chapter 3 n/a
x x 3 Chapter 3.0 10631(a) Describe the Supplier service area. System description n/a Chapter 7 7.2
x x 3.3 Section 3.3 10631(a) Describe the climate of the Supplier’s service area. System description n/a Chapter 7 7.2
x x 3.4 Section 3.4.1 10631(a) Provide the current and projected service area populations for 2030, 2035, 2040, 2045 and optionally 2050.
System
description 3-1 Chapter 7 7.3
x x 3.4 Section 3.4.2 10631(a) Describe other social, economic, and demographic factors affecting the Supplier’s water management planning.
System
description n/a Chapter 7 7.3
x x 3.5 Section 3.5 10631(a)
Describe the land uses within the service area… include the current and projected land uses within the existing or anticipated service area affecting the Supplier’s water management planning. Describe the land uses within the service area.
System
description and
baselines
n/a Chapter 7 7.3
x Optional 4.2 Sections 4.2.3 and 4.2.4 10631(d)(1) Quantify past, current, and projected water use, identifying the uses among water use sectors. System water use
4-1 and 4-
2 Chapter 7 7.5
x Optional 4.3 Section 4.3.1 10631(d)(3)(A) Report the distribution system water loss for each of the five years preceding the plan update. System water use 4-5 Chapter 7 7.5
x n/a 4.3 Section 4.3.2 10631(d)(3)(C) Retail Suppliers shall provide data to show the distribution loss standards were met. System water use 4-6 Chapter 7 7.5
x n/a 4.2 Section 4.2.5.4 10631.1(a) Include projected water use needed for lower income housing projected in the service area of the Supplier.
System water
use 4-3 Chapter 7 7.5
x n/a 4.2 Section 4.2.5.3 10631(d)(4)(A) In projected water use, include estimates of water savings from adopted codes, plans, and other policies or laws.
System water
use 4-3 Chapter 7 7.5
x n/a 4.2 Section 4.2.5.3 10631(d)(4)(B) Provide citations of codes, standards, ordinances, or plans used to make water use projections. System water use 4-3 Chapter 7 7.5
x n/a 4.2 Section 4.2.5.3 10631(d)(4)(B)(ii)
To the extent that a Supplier reports the information described in subparagraph (A), an urban water Supplier shall… Indicate the extent that the water use projections consider savings from codes, standards, ordinances, or transportation and land use plans. Water use projections that do not account for these water savings shall be noted of that fact.
System water
use 4-3 Chapter 7 7.5
x x 4.2 Section 4.2.5.6 10635(b) Demands under climate change considerations must be included as part of the drought risk assessment.
System water
use n/a Chapter 7 7.5
n/a x 5.1 Section 5.1 10608.36 Wholesale Suppliers shall include an assessment of present and proposed future measures, programs, and policies to help their Retail Suppliers achieve targeted water use reductions.
Baselines and
targets n/a Chapter 7 7.5
x n/a 5.2 Section 5.2 10608.4
Retail Suppliers shall report on their compliance in meeting their water use targets. Reporting requirements will vary depending on whether the Supplier:
-
Was considered an urban retail water supplier in 2020,
-
Met its 2020 target in 2020, or
-
Was part of a merger or consolidation since 2020.
Chapter 5 Subsections 5.2.1, 5.2.2, and 5.2.3 address each of these situations.
Baselines and
targets 5-1 Chapter 7 7.5
x x 6.1 Section 6.1 10631(b)(2) When multiple sources of water supply are identified, describe the management of each supply in relationship to other identified supplies. System supplies n/a Chapter 7 7.4 x x 6.1 Sections 6.1 and 6.2 10631(b)(1)
Provide a discussion of anticipated supply availability under a normal, single dry year, and a drought lasting five years, as well as more frequent and severe periods of drought, including changes in supply due to climate change.
System supplies n/a Chapter 7 7.4
x x 6.2 Section 6.2.2 10631(b)(4)(C)
Indicate whether groundwater is an existing or planned source of water available to the Supplier. If groundwater is identified as an existing or planned source of water… (include) a detailed description and analysis of the location, amount and sufficiency of groundwater pumped by the Supplier for the past five years.
Water supplies
and recycled
water
6-1 Chapter 7 7.4
x x 6.2 Section 6.2.2 10631(b)(4)(A)
Indicate whether a groundwater sustainability plan or groundwater management plan has been adopted by the Supplier or if there is any other specific authorization for groundwater management.
Include a copy of the plan or authorization.
System supplies n/a Chapter 3 n/a
x x 6.2 Section 6.2.2 10631(b)(4)(B) Describe the groundwater basin. System supplies n/a Chapter 2 n/a x x 6.2 Section 6.2.2 10631(b)(4)(B) Indicate if the basin has been adjudicated and include a copy of the court order or decree and a description of the amount of water the Supplier has the legal right to pump. System supplies n/a Chapter 2 n/a x x 6.2 Section 6.2.2 10631(b)(4)(B) For unadjudicated basins… (include) information as to whether DWR has identified the basin as a highor medium-priority basin in the most current official departmental bulletin… Water supplies
and recycled
water
n/a n/a n/a
x x 6.2 Section 6.2.2 10631(b)(4)(B) For unadjudicated basins… describe efforts by the Supplier to coordinate with sustainability or groundwater agencies to achieve sustainable groundwater conditions.
Water supplies
and recycled
water
n/a n/a n/a
x x 6.2 Section 6.2.2. 10631(b)(4)(C)
If groundwater is identified as an existing or planned source of water… (include) a detailed description and analysis of the location, amount and sufficiency of groundwater pumped by the Supplier for the past five years.
System supplies n/a Chapter 2 n/a
x x 6.2 Section 6.2.2 10631(b)(4)(D) Provide a detailed description and analysis of the amount and location of groundwater that is projected to be pumped. System supplies 6-9 Chapter 7 7.4 x x 6.1 Section 6.1 10631(b) Identify and quantify the existing and planned sources of water available for 2025, 2030, 2035, 2040, 2045 and optionally 2050. System supplies 6-8 and 6-
9 Chapter 7 7.4
x x 6.2 Section 6.2.7 10631(c) Describe the opportunities for exchanges or transfers of water on a short-term or long-term basis. System supplies n/a Chapter 7 7.4 x n/a 6.2 Section 6.2.5 10633(a) Describe the wastewater collection and treatment systems in the Supplier’s service area with quantified amount of collection and treatment and the disposal methods.
System supplies
(recycled water) 6-2 Chapter 7 7.4
x x 6.2 Section 6.2.5 10633(b) Describe the quantity of treated wastewater that meets recycled water standards, is being discharged, and is otherwise available for use in a recycled water project.
System supplies
(recycled water) 6-3 n/a n/a
x x 6.2 Section 6.2.5 10633(c) Describe the recycled water currently being used in the Supplier's service area. System supplies (recycled water) 6-4 n/a n/a
x x 6.2 Section 6.2.5 10633(d) Describe and quantify the potential uses of recycled water and provide a determination of the technical and economic feasibility of those uses.
System supplies
(recycled water) 6-4 n/a n/a
x x 6.2 Section 6.2.5 10633(e)
Describe the projected use of recycled water within the Supplier's service area at the end of 5, 10, 15, and 20 years, and describe the actual use of recycled water in comparison to uses previously projected.
System supplies
(recycled water)
6-4 and 6-
5 n/a n/a
x x 6.2 Section 6.2.5 10633(f) Describe the actions that may be taken to encourage the use of recycled water and the projected results of these actions in terms of acre-feet of recycled water used per year.
System supplies
(recycled water) 6-6 n/a n/a
x x 6.2 Section 6.2.5 10633(g) Provide a plan for optimizing the use of recycled water in the Supplier's service area. System supplies (recycled water) n/a n/a n/a
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x
x 6.2 Section 6.2.6 10631(g) Describe desalinated water project opportunities for long-term supply. System supplies 6-7 Chapter 7 7.4 xx 6.2 Section 6.2.10 10631(f)
Describe the expected future water supply projects and programs that may be undertaken by the water Supplier to address water supply reliability in average, single-dry, and for a period of drought lasting five consecutive water years.
System supplies 6-7 Chapter 7 7.4
xx 6.3 Section 6.3 and Appendix O 10631.2(a) The UWMP must include energy information, as stated in the code, that a Supplier can readily obtain. System suppliers, energy intensity
O-1A, O1B, O-1C,
and O-2
Chapter 7 7.8
x 7.1 Section 7.1 10634 Provide information on the quality of existing sources of water available to the Supplier and the manner in which water quality affects water management strategies and supply reliability.
Water supply
reliability
assessment
n/a Chapter 7 7.4
xx 7.2 Section 7.2 10635(a)
Service Reliability Assessment: Assess the water supply reliability during normal, dry, and a drought lasting five consecutive water years by comparing the total water supply sources available to the Supplier with the total projected water use over the next 20 years.
Water supply
reliability
assessment
7-2, 7-3,
and 7-4 Chapter 7 7.7
xx 7.2 Section 7.2.3 10620(f) Describe water management tools and options to maximize resources and minimize the need to import water from other regions.
Water supply
reliability
assessment
n/a Chapter 7 7.4
xx 7.3 Section 7.3 10635(b) Provide a drought risk assessment as part of information considered in developing the demand management measures and water supply projects.
Water supply
reliability
assessment
n/a Chapter 7 7.5
xx 7.3 Section 7.3 10635(b)(1)
Include a description of the data, methodology, and basis for one or more supply shortage conditions that are necessary to conduct a drought risk assessment for a drought period that lasts five consecutive years.
Water supply
reliability
assessment
n/a Chapter 7 7.5
xx 7.3 Section 7.3 10635(b)(2) Include a determination of the reliability of each source of supply under a variety of water shortage conditions.
Water supply
reliability
assessment
n/a Chapter 7 7.7
xx 7.3 Section 7.3 10635(b)(3) Include a comparison of the total water supply sources available to the Supplier with the total projected water use for the drought period.
Water supply
reliability
assessment
7-5 Chapter 7 7.7
xx 7.3 Section 7.3 10635(b)(4)
Include considerations of the historical drought hydrology, plausible changes on projected supplies and demands under climate change conditions, anticipated regulatory changes, and other locally applicable criteria.
Water supply
reliability
assessment
n/a Chapter 7 7.7
xx8 Chapter8 10632(a) Provide a water shortage contingency plan (WSCP) with specified elements below.
Water shortage
contingency
planning
n/a Chapter 7 7.6
xx8 Chapter8 10632(a)(1) Provide an analysis of water supply reliability (from Guidebook Chapter 7) in the WSCP.
Water shortage
contingency
planning
n/a Chapter 7 7.6
xx 8.2 Section 8.2 10632(a)(2)(A) Provide the written decision-making process and other methods that the Supplier will use each year to determine its water reliability.
Water shortage
contingency
planning
n/a Chapter 7 7.7
xx 8.2 Section 8.2 10632(a)(2)(B) Provide data and methodology to evaluate the Supplier’s water reliability for the current year and one dry year pursuant to factors in the code.
Water shortage
contingency
planning
n/a Chapter 7 7.7
xx 8.3 Section 8.3 10632(a)(3)(A)
Define six standard water shortage levels of 10%, 20%, 30%, 40%, 50% shortage, and greater than 50% shortage. These levels shall be based on supply conditions, including percent reductions in supply, changes in groundwater levels, changes in surface elevation, or other conditions. The shortage levels shall also apply to a catastrophic interruption of supply.
Water shortage
contingency
planning
n/a Chapter 7 7.6
xx 8.3 Section 8.3 10632(a)(3)(B) Suppliers with an existing WSCP that uses different water shortage levels must cross reference their categories with the six standard categories.
Water shortage
contingency
planning
8-1 n/a n/a
xx 8.4 Section 8.4 10632(a)(4)(A) Suppliers with WSCPs that align with the defined shortage levels must specify locally appropriate supply augmentation actions.
Water shortage
contingency
planning
8-2 Chapter 7 7.6
xx 8.4 Section 8.4 10632(a)(4)(B) Specify locally appropriate demand reduction actions to adequately respond to shortages.
Water shortage
contingency
planning
8-3 Chapter 7 7.6
xx 8.4 Section 8.4 10632(a)(4)(C) Specify locally appropriate operational changes.
Water shortage
contingency
planning
8-2 Chapter 7 7.6
xx 8.4 Section 8.4 10632(a)(4)(D) Specify additional mandatory prohibitions against specific water use practices that are in addition to State-mandated prohibitions are appropriate to local conditions.
Water shortage
contingency
planning
Table 8-3 Chapter 7 7.6
xx 8.4 Section 8.4 10632(a)(4)(E) Estimate the extent to which the gap between supplies and demand will be reduced by implementation of the action.
Water shortage
contingency
planning
8-2 and 8- 3 Chapter 7 7.6
xx 8.4 Section 8.4.6 10632.5 The UWMP shall include a seismic risk assessment and mitigation plan. Water shortage contingency plan n/a Chapter 7 7.6
xx 8.5 Section 8.5 10632(a)(5)(A) Suppliers must describe that they will inform customers, the public and others regarding any current or predicted water shortages.
Water shortage
contingency
planning
n/a Chapter 7 7.1
xx 8.5 Section 8.5 10632(a)(5)(B),
10632(a)(5)(C)
Suppliers must describe that they will inform customers, the public and others regarding any shortage response actions triggered or anticipated to be triggered and other relevant communications.
Water shortage
contingency
planning
n/a Chapter 7 7.6
x n/a 8.6 Section 8.6 10632(a)(6) Retail Supplier must describe how it will ensure compliance with and enforce provisions of the WSCP.
Water shortage
contingency
planning
n/a Chapter 7 7.6
xx 8.7 Section 8.7 10632(a)(7)(A) Describe the legal authority that empowers the Supplier to enforce shortage response actions.
Water shortage
contingency
planning
n/a Chapter 7 7.6
xx 8.7 Section 8.7 10632(a)(7)(B) Provide a statement that the Supplier will declare a water shortage emergency per Water Code Chapter 3. Water Shortage Emergencies
.
Water shortage
contingency
planning
n/a Chapter 7 7.6
xx 8.7 Section 8.7 10632(a)(7)(C) Provide a statement that the Supplier will coordinate with any city or county within which it provides water for the possible proclamation of a local emergency.
Water shortage
contingency
planning
n/a Chapter 7 7.6
xx 8.8 Section 8.8 10632(a)(8)(A) Describe the potential revenue reductions and expense increases associated with activated shortage response actions.
Water shortage
contingency
planning
n/a Chapter 7 7.6
xx 8.8 Section 8.8 10632(a)(8)(B) Provide a description of mitigation actions needed to address revenue reductions and expense increases associated with activated shortage response actions.
Water shortage
contingency
planning
n/a Chapter 7 7.6
x n/a 8.8 Section 8.8 10632(a)(8)(C) Retail Suppliers must describe the cost of compliance with Water Code Chapter 3.3, Excessive Residential Water Use During Drought.
Water shortage
contingency
planning
n/a Chapter 7 7.6
x n/a 8.9 Section 8.9 10632(a)(9) Retail Suppliers must describe the monitoring and reporting requirements and procedures that ensure appropriate data are collected, tracked, and analyzed for purposes of monitoring customer compliance.
Water shortage
contingency
planning
n/a Chapter 7 7.6
xx 8.10 Section 8.10 10632(a)(10) Describe reevaluation and improvement procedures for monitoring and evaluation the WSCP to ensure risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented.
Water shortage
contingency
planning
n/a Chapter 7 7.6
x n/a 8.11 Section 8.11 10632(b) Analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas.
Water shortage
contingency
planning
n/a Chapter 7 7.6
xx 8.12 Section 8.12 10632(c) Make available the WSCP to customers and any city or county where it provides water within 30 days after adoption of the plan.
Water shortage
contingency
planning
n/a Chapter 7 7.6
x n/a 9.1 Sections 9.1 10631(e)(1)
Retail Suppliers shall provide a description of the nature and extent of each demand management measure implemented over the past five years. The description will address specific measures listed in code.
Demand
management
measures
n/a Chapter 7 7.6
n/ax 9.2 Sections 9.2 10631(e)(2) Wholesale Suppliers shall describe specific demand management measures listed in code, their distribution system asset management program, and Supplier assistance program.
Demand
management
measures
n/a Chapter 7 7.6
x n/a 10 Chapter 10 10608.26(a) Retail Suppliers shall conduct a public hearing to discuss adoption, implementation, and economic impact of water use targets (recommended to discuss compliance).
Plan adoption,
submittal, and
implementation
n/a Chapter 7 7.1
xx 10.2 Section 10.2.1 10621(b)
Notify, at least 60 days prior to the public hearing, any city or county within which the Supplier provides water that the Supplier will be reviewing the UWMP and considering amendments or changes to the plan.
Plan adoption,
submittal, and
implementation
10-1 Chapter 7 7.1
xx 10.4 Section 10.4 10621(f) Each urban water Supplier shall update and submit its 2025 plan to DWR by July 1, 2026.
Plan adoption,
submittal, and
implementation
n/a Chapter 7 7.1
xx 10.2 Sections 10.2.2, 10.3, and 10.5 10642
Provide supporting documentation that the Supplier made the UWMP and WSCP available for public inspection, published notice of the public hearing, and held a public hearing about the UWMP and WSCP.
Plan adoption,
submittal, and
implementation
n/a Chapter 7 7.1
xx 10.2 Section 10.2.2 10642 The Supplier is to provide the time and place of the hearing to any city or county within which the Supplier provides water.
Plan adoption,
submittal, and
implementation
10-1 Chapter 7 7.1
xx 10.3 Section 10.3.2 10642 Provide supporting documentation that the UWMP and WSCP has been adopted as prepared or modified.
Plan adoption,
submittal, and
implementation
n/a Appendicies n/a
xx 10.4 Section 10.4 10644(a) Provide supporting documentation that the Supplier has submitted their UWMP to the California State Library.
Plan adoption,
submittal, and
implementation
n/a Chapter 7 7.1
xx 10.4 Section 10.4 10644(a)(1) Provide supporting documentation that the Supplier has submitted their UWMP to any city or county within which the Supplier provides water no later than 30 days after adoption.
Plan adoption,
submittal, and
implementation
n/a Appendicies n/a
688
x
x 10.4 Sections 10.4.1 and 10.4.2 10644(a)(2) The UWMP, or amendments to the UWMP, submitted to DWR shall be submitted electronically.
Plan adoption,
submittal, and
implementation
n/a Chapter 7 7.1
xx 10.7 Section 10.7.2 10644(b) If revised, submit a copy of the WSCP to DWR within 30 days of adoption.
Plan adoption,
submittal, and
implementation
n/a Appendicies n/a
xx 10.5 Section 10.5 10645(a) Provide supporting documentation that, not later than 30 days after filing a copy of its UWMP with DWR, the Supplier has or will make the plan available for public review during normal business hours.
Plan adoption,
submittal, and
implementation
n/a Appendicies n/a
xx 10.5 Section 10.5 10645(b) Provide supporting documentation that, not later than 30 days after filing a copy of its WSCP with DWR, the Supplier has or will make the plan available for public review during normal business hours.
Plan adoption,
submittal, and
implementation
n/a Appendicies n/a
xx 10.6 Section 10.6 10621(c) If Supplier is regulated by the Public Utilities Commission, include its plan and contingency plan as part of its general rate case filings.
Plan adoption,
submittal, and
implementation
n/a Appendicies n/a
689
CITY COUNCIL AGENDA REPORT
DATE: June 10, 2026
TO: Honorable Mayor and City Council Members
FROM: Jim Hirsch, Development Services Director
BY: Christian Espinoza, Project Planner
SUBJECT: NEW BUSINESS – REPORT OF ORGANIZATIONS POTENTIALLY ELIGIBLE FOR
FIREWORKS STANDS
STAFF RECOMMENDATION:
Request the Council to approve and determine eligibility for organizations potentially eligible for Fireworks Stands.
BACKGROUND:
In accordance with Chapter 9.65 of the Adelanto Municipal Code, organizations wishing to participate in the sale of fireworks must meet certain eligibility requirements. Only eleven Fireworks Stands are allowed, and this year ten applications were received. An overview of the requirements is in the attachments.
It is important to note that Ordinance 649 has been passed on March 13, 2024, amending the Adelanto Municipal Code to no longer require Firework Stand applicants to participate in the Adopt-A-Street program nor the Community Clean-Ups Days.
The following applicants have met all eligibility criteria:
1. Dare U to be Different
2. Adelanto Little League
3. Community Benefit Corp
4. Christ the Good Shepherd
5. American Legion Post 229
6. American Legion Auxiliary Post 229
7. High Desert Devils
8. World Faith Vision Church
9. Haven’s Future
690
The following applicants have not met the requirement for location within the city of Adelanto:
1. Victory Outreach Adelanto
FISCAL IMPACT:
1. Business License Fee
a. $200 each
b. $2,000 total
2. Temporary Use Permit Fees
a. $877.40 each
b. $8774.00 total
3. Clean Up Fee
a. $600 each
b. $6,000 total
Total fees collected: $16,774.00
ATTACHMENTS:
1. Fireworks Applicants Eligibility Chart
2. Maps of Proposed Locations
3. Chapter 9.65 “Storage, Use, and Sale of Fireworks”
4. Ordinance 649
691
FIREWORKS APPLICATION 2026
Eligibility Chart
Dare U To Be Different
Adelanto Little League
Community Benefit Corp
Christ the Good Shepherd
American Legion Post 229
American Legion Auxiliary Post 229
High Desert Devils
Victory Outreach Adelanto
World Faith Vision Church
Haven’ s Future
1 2 3 4 5 6 7 8 9 10 11
1 Fireworks Application
2 Proof of Non-Profit Status
3 Address in the City for at
least one year
x
4 20 member roster
5 Liability Insurance certificate
6 Sellers Permit
7 Fire Marshal permit
8 Property Owner
authorization
9 Hold Harmless agreement
10 Only one license per
organization
11 Business License application
12 Temporary Use Permit
application
13 Site Plan
14 Payment
15 Contract with promoter
16 Signed up and participate in
Adopt-A-Street
- - - - - - - - - - -
17 Participate in Clean-up
event
- - - - - - - - - - -
NOTE: An “x” means; this requirement has not been met.
A blank space means; the requirement has been met.
An “-x” means; the application has been submitted only.
An “*” Indicates that no evidence has been submitted.
692
I
Dare U To Be Different
Zone Exhibit
MU
C MI
693
I
Adelanto Little League
Zone Exhibit
C
694
I
Community Benefit Corp.
Zone Exhibit
C
695
I
Christ the Good Shepherd
Zone Exhibit
C
696
I
American Legion Post 229
Zone Exhibit
BP
MI
697
I
American Legion Auxiliary Unit 229
Zone Exhibit
MU
BP
698
I
American Legion Auxiliary Unit 229
Zone Exhibit
MU
LM
C
Victorville
699
I
High Desert Devils
Zone Exhibit
C
R1
700
I
Victory Outreach Adelanto
Zone Exhibit
MU
BP
701
I
World Faith Vision Church
Zone Exhibit
C
702
I
Haven’s Future
Zone Exhibit
C MU
703
Chapter 9.65
STORAGE, USE AND SALE OF FIREWORKS
Sections:
9.65.010 Purpose
9.65.015 Definition
9.65.020 Sale and Discharge of Fireworks
9.65.025 License Required; Application for License to Sell Fireworks
9.65.030 General Requirements for Fireworks Licensees
9.65.035 Operation of Fireworks Stand
9.65.040 Temporary Fireworks Stands
9.65.045 Temporary Sales Tax Permit Required; Display of License and Permit
9.65.050 Prohibition on Discharge of Fireworks
9.65.055 Penalties
9.65.010 Purpose.
The purpose of this Chapter is to bring the City's regulation of the use of fireworks into compliance with the California State Fire Marshal's Department regulations and to protect and secure the public health, safety and general welfare. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13.]
9.65.015 Definition.
"Safe and Sane Fireworks" shall be as defined in Section 12504 of the California Health and Safety Code, as that section may in the future be amended.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13.]
9.65.020 Sale and Discharge of Fireworks.
“Safe and Sane Fireworks” may only be sold and/or discharged within the City, and such discharge may only occur during the period beginning at 12:00 noon on the 28th day of June and ending at 11:59 pm on the 4th day of July each year. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19.]
9.65.025 License Required; Application for License to Sell Fireworks.
A. Except as otherwise provided herein, no person shall offer for sale or sell fireworks of any kind in the City, without having first applied for and received a license therefore.
B. All applications for licenses to sell fireworks shall:
1. Be made in writing, accompanied by an initial license fee of two hundred dollars ($200.00), which will be used to defray the cost of administration, inspection and supervision of fireworks licensees. The Temporary Business License application and Temporary Use Permit application shall be incorporated into the Fireworks application; fees for the Temporary Business License application and Temporary Use Permit are incorporated into the application fee.
2. Be submitted between the first and the last day of March each year, except when the last day falls on a day when City Hall is closed, then the following business day shall be the last day.
3. Set forth the proposed location of the fireworks stand applied for. Each stand must be on private property located in the "C" zoning district or heavier industrial or manufacturing zones of the City, or on public land at the sole discretion of the City. A notarized statement from the owner of record of the property must accompany the application.
4. Be accompanied by an agreement from the manufacturer and/or wholesaler of the fireworks to defend, indemnify and hold the City harmless from any claims, liability, litigation, damages or other injuries resulting from defective fireworks.
5. Include a statement that the applicant agrees to comply strictly with the terms of any license granted to it and furnish any additional information upon request of the City Manager, the City Council or their authorized employees and/or representatives.
C. At the time of issuance of the license, the applicant must deliver to the Business License Department evidence of public liability insurance in an amount not less than one hundred thousand dollars/three hundred thousand dollars ($100,000.00/$300,000.00) and not less than fifty thousand dollars ($50,000.00) property damage insurance in the form and 704
content required by the City, certificated, and a copy of the requisite permit from the State Fire Marshal.
D. At the time of application, each applicant shall submit a non-refundable clean-up fee of either 6% of the organization’s prior year’s net sales, or $600, whichever is greater, so that the City recuperates cost of cleaning up after 4th of July holiday.
If this is an organization’s first year participating, the $600 rate shall apply. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19.]
9.65.030 General Requirements for Fireworks Licensees.
The following qualifications must be met by each applicant for a license issued hereunder:
A. No license shall be issued to any person, firm or corporation except non-profit associations or corporations organized primarily for civic betterment or youth activities. Such organizations, groups or individuals shall be limited to one (1) license.
B. Each such organization must have its principal and permanent meeting place within the corporate limits of the City, must maintain a bona fide membership of at least eighty percent (80%) of the organization must be Adelanto residents, and must have been organized and established in the City's corporate limits for a minimum of one (1) year continuously preceding the filing of the application for the business license.
C. No organization may receive more than one (1) license for fireworks sale during any one (1) calendar year. One (1) license may be issued to two (2) or more qualifying applicants as a joint venture, but may only operate one (1) stand. The maximum number of licenses which may be issued pursuant to this Chapter during any one (1) calendar year shall not exceed one (1) license for each three thousand (3,000) residents of the City, or fraction thereof, based on the latest official roster, State of California census estimate.
D. If the number of applications exceeds the number of licenses allowed to be issued, the licenses shall be granted by a drawing supervised by the City Clerk. The drawing will be held at a Council meeting, the applicants will be notified of the drawing date and notification of selection will be performed the following day.
E. Reserved.
F. Reserved.
G. Reserved.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19; Ord. No. 605, Section 3, 8/28/19; Ord. No. 649, Section 2, 3/13/24.]
9.65.035 Operation of Fireworks Stand.
A. No person other than the licensee organization shall operate the stand for which the license is issued or share or otherwise participate in the profits of the operation of such stand.
B. No person other than the individuals who are members of the licensee organization, or the spouses or adult children of such members, shall sell or otherwise participate in the sale of fireworks at such stand(s) except that in no instance shall a person under the age of eighteen (18) years be permitted to sell or otherwise participate in the operation of the fireworks stand.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19.]
9.65.040 Temporary Fireworks Stands.
A. All fireworks sales must be made from within a temporary fireworks stand, and sales from any other building or structure are prohibited.
B. No fireworks stand shall be located within twenty-five (25) feet of any other building nor within one hundred (100) feet of any gasoline pump.
C. All stands shall be erected under the supervision of the Building and Safety Department, and must be constructed in a manner that will reasonably ensure the safety of attendants and patrons. Any building and safety permit fees shall be waved.
D. No fireworks stand shall have a floor area in excess of three hundred (300) square feet.
E. Each fireworks stand must have at least two (2) unobstructed exits; and each stand in excess of forty (40) feet in length must have at least three (3) unobstructed exits spaced approximately equidistant apart, provided, however, that in no case shall the distance between the exits exceed twenty-four (24) feet.
F. Each fireworks stand shall provide two (2), two and one-half (2-1/2) gallon "water pressure" type or 2A10BC dry chemical type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire.
G. All weeds and combustible materials shall be cleared from the location of the fireworks stand and for a distance of at least fifty (50) feet from any point of the stand.
H. "No Smoking Within 100 Feet" signs must be prominently displayed on the fireworks stand.
I. Each fireworks stand must have an adult in attendance and in charge thereof while fireworks are stored therein, 705
including an onsite presence overnight while the stand is closed. Sleeping or remaining in the fireworks stand after close of business each day is forbidden.
J. Each fireworks stand shall obtain a safety inspection and clearance from the San Bernardino County Fire Department prior to opening.
K. The sale of fireworks shall not begin before 12:00 noon on the 28th day of June and shall not continue after 11:59pm on the 4th day of July.
L. Each fireworks stand shall display a sign of at least ten (10) square feet stating that discharge of fireworks is only legal within the City limits between 12:00 noon, June 28 and 11:59pm, July 4.
M. During the days allowed for the sale of fireworks, no sales shall be made except between the hours of 7:00 a.m. and 12:00 midnight.
N. All unsold stock and accompanying litter shall be removed from the fireworks stand location by 5:00 p.m. on July 6.
O. The fireworks stand shall be removed, and the temporary site cleared by 12:00 noon on the 10th day of July. If this requirement cannot be met by the July 10th date, the stand operator must work with City staff to arrange for a new pick up date.
P. Each organization operating or participating in a fireworks stand shall submit, to the City, a financial statement of actual sales and profit by 5:00 p.m. August 31, following the fireworks sale, unless that day falls on a day when City Hall is closed, then the following business day shall be the last day. The financial statements are subject to review and approval by the City. The records shall be retained by the City. Failure to comply will result in revocation of future license eligibility. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19; Ord. No. 605, Section 3, 8/28/19.]
9.65.045 Temporary Sales Tax Permit Required; Display of License and Permit.
A. Organizations licensed by the City for fireworks sales are required to obtain a temporary sales tax permit from the State Board of Equalization.
B. The temporary sales tax permit and the City license to sell fireworks must be displayed in a prominent place in the fireworks stand.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13.]
9.65.050 Prohibition on Discharge of Fireworks.
It shall be unlawful for any person to ignite, explode, project or otherwise fire or use, any fireworks or permit the ignition, explosion or projection thereof, upon or over onto the property of another without his/her consent, or to ignite, explode, project or otherwise fire or make use of any fireworks within ten (10) feet of any residence, dwelling or other structure used as a place of habitation, congregation or assembly, or within one hundred (100) feet of any fireworks stand. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13.]
9.65.055 Penalties.
Any person violating any provision of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of one thousand dollars ($1,000.00), or imprisonment not to exceed one hundred eighty (180) days, or both fine and imprisonment. Further, the fireworks sales license of any licensee who violates or permits any provision of this Chapter to be violated shall be revoked and the licensee shall not be entitled to receive a license for a period of three (3) years thereafter.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 605, Section 3, 8/28/19.] 706
707
708
709
710
711
712