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AN ORDINANCE AMENDING TITLE 13 CHAPTER 13.28, SECTIONS 13.28.020,
13.28.035, AND AMENDING TITLE 13 CHAPTER 13.32, SECTIONS, 13.32.040,
13.32.060
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION I. FINDINGS AND INTENT
The City Council of the City of Stockton finds that the proposed amendments to the Stockton Municipal Code (SMC) will align it with the State Water Resources Control Board regulations of stages of water shortage emergency and comply with State requirements.
SECTION II. AMENDMENT OF CODE
Title 13 Chapter 13.28 of the Stockton Municipal Code is amended as follows:13.28.010 Definitions.
Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this chapter. Words used in the present tense include the future; the singular number includes the plural and the plural the singular. “Alternate water source” means water from sloughs, canals, streams, rivers or nonpotable wells which is acquired with permission from the responsible owner or agency with jurisdiction.
“Director” means the Director of Municipal Utilities of the City. “Person” means any individual, firm, organization, partnership, association, trust, company, business, corporation, public entity, political entity, or any agent thereof. “Reclaimed” and “reclaimed water” refer to the process of reusing the soap/water solution and to that portion of the soap/water solution which is recaptured, processed, and reused at a non-self service commercial car wash facility. “Recycled water” means water from the City of Stockton Regional Wastewater Control Facility supplied from designated hydrants under permit from the State Regional Water Quality Control Board.
“Waste” means any inefficient or unreasonable use of or unreasonable method of use of water.
“Water” means any water used in the City. (Prior code § 9-710)
13.28.020 Application of regulations.
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The provisions of this chapter shall apply to all persons using water in the City regardless of whether any person using water shall have a contract for water service with the City. Notwithstanding other provisions of this code inconsistent with the chapter, the provisions of this chapter shall supersede and prevail until termination of this chapter, except during a declared water shortage emergency, Stage 2, 3, 4, 5 or 65, in which event the provisions of Chapter 13.32 shall prevail. (Prior code § 9-711)
13.28.030 Regulations.
A. It is unlawful for any person to use, pe rmit or allow the use of water in any of the following manners:
1. Hosing off sidewalks, dr iveways, and other hardscapes;
2. Washing automobiles or boats wit h hoses not equipped with a shut-off nozzle;
3. Using non-recirculated water in a fountain or other decorative water feature;
4. Watering lawns in a manner that c auses runoff, or within 48 hours after measurable precipitation; and
5. Irrigating ornamental turf on public street medians.
B. It is unlawful during the period May 1st to November 1st of each year for any person to use, permit or allow the use of water in any of the following manners:
1. Any use of potable water from any fi re hydrant is prohibited except by regularly constituted fire protection agencies for fire suppression purposes or by the responsible water agency, when alternate water sources or reclaimed water sources are available. In the absence of alternate water sources or recycled water sources, potable water from any fire hydrant may be used provided a permit for such use is approved by the Fire Department and the responsible water agency.
2. For exterior irrigation, including, but not limited to, public, private, and commercial locations, except as follows:
a. Irrigation shall be prohibited between the hours of 11:00 a.m. to 6:00 p.m. b. To conduct exterior irrigation in such a manner or extent that allows water to run off or escape from the premises or to be wasted. c. Exceptions to the above regulations:
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i. Drip and/or mist irrigation systems.
ii. During the initial 21-da y period of establishment for new plantings the above regulations shall not apply.
iii. Other uses which cannot reasonably comply with the above regulations due to the large size, normal hours of use or type of use of the area to be irrigated may be excepted upon approval by the Director of a water conservation plan which meets the goals of reduction and conservation.
3. To allow the escape of water through leaks, breaks, or malfunction within the water user’s plumbing or distribution system for any period of time within which such break or leak should reasonably have been discovered and corrected. It shall be presumed that a period of 24 hours after the water user discovers such break, leak, or malfunction, or receives notice from the City, any water provider or enforcement authority of such condition, whichever occurs first, is a reasonable time within which to correct such condition or to make arrangements for correction.
4. The operation of any non-self serv ice commercial car wash unless the soap/water solution for such use is reclaimed. If a reclaimed water system cannot be installed, the car wash operator shall submit a plan satisfactory to the Director to modify operation of the facility to reduce its usage of water by at least 20 percent of its usage during the same month of the prior year for comparable business volume. If there is no history of prior use, the operator shall provide to the Director data comparable to such history to establish its base monthly usage.
5. Restaurants shall serve wate r to customers only upon request.
6. Use of water for cleaning building or mobilehome exteriors shall be prohibited except as follows:
a. With the use of a bucket and sponge; or
b. For the preparation of such exterior surfaces for the purpose of repair or repainting with the use of a pressurized washing device equipped with a quick acting positive shut off.
7. Use of potable water for dust control purposes except for public health or safety purposes. Reclaimed, recycled or other nonpotable water may be used for such purposes so long as such water is not wasted.
8. The indiscriminate running of wate r or washing with water not otherwise prohibited above which is wasteful and without reasonable purpose.
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9. Exception. The above regulations s hall not apply to users or uses when the source of water is other than:
a. A public water system as defined in California Code of Regulations Section 64555(a)(23); or
b. A groundwater aquifer used by a public water system.
C. The draining and/or refilling of a ll existing swimming pools, whether public, private or commercial, shall be prohibited between June 1st and October 1st except for protection of public health and safety. (Ord. 2017-08-22-1403 § 2; prior code § 9-712)
13.28.035 Water Conservation: Exterior Irrigation. Reserved.
Notwithstanding any other provision of this code, exterior irrigation shall be limited as follows:
A. For landscape irrigation, the following sch edule shall be enforced to promote water conservation:
1. For even numbered addresses, exterior i rrigation is permitted only on Wednesday and Sunday.
2. For odd numbered addresses, exterior irri gation is permitted only on Tuesday and Saturday.
3. For parcels that do not have a street addre ss, exterior irrigation is permitted only on Wednesday and Sunday.
4. No exterior irrigation is permi tted on Monday, Thursday, or Friday.
5. Exterior irrigation shall be prohibited bet ween the hours of 8:00 a.m. to 6:00 p.m.
B. To prevent the unreasonable use of water and to promote water conservation, the use of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial, and institutional sites. The use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need. Non- functional turf means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events.
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13.28.040 Regulations.
During the period of November 1st through April 30th, it is unlawful for any person to use, permit to allow the use of water as set out in Section 13.28.030 except that no restriction as to the hours of irrigation shall be imposed. (Prior code § 9-712.1)
13.28.050 Water rates and surcharges.
A. Whenever the City becomes aware of a per son violating, causing or permitting a violation of the provisions of this chapter, a written notice stating the nature of the violation shall be delivered to the person at the premises by personal service or by first class mail and by posting in a conspicuous location at said premises. A copy of the notice shall be mailed to the person who is regularly billed for use of water at said premises.
B. All notices provided for by this se ction may be served as an addendum to the regular water service bill. All such notices may be given to any other person known to the City who is responsible for the violation or the correction thereof.
C. The notice shall describe t he nature of the violation and order that said violation be corrected, cured or abated immediately or within such specified period as the City believes is reasonable under the circumstances.
D. Upon occurrence of a second violation or failure to immediately correct, cure or abate a violation, a second notice shall be served, as provided above, ordering the immediate correction, cure or abatement of the violation and imposing a surcharge of $100.00 per day for each day the violation continues. The surcharge may be added to the next regular billing for water service. (Prior code § 9-713)
13.28.060 Discontinuance of service.
Upon a determination by the Director that a person has consumed water in violation of any of the provisions of this chapter, the Director may issue an order to cease and desist from such violation, and further order such person to comply forthwith with such provisions or otherwise to take appropriate remedial or preventive action. If, after the issuance of a cease and desist order, such person continues to consume or use, or again consumes or uses water in violation of any such provisions, the Director may, subject to the provisions for notification and hearing hereafter set forth, discontinue water service to the premises of such person. (Prior code § 9-714)
13.28.070 Procedure for discontinuance of service.
Prior to the discontinuance of water service to any premises, the Director shall give written notice of intention to discontinue such service, and of hearing to be held by the
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Director upon the question of termination, not less than 10 days prior to such hearing. A person determined to be in violation of the provisions of this chapter, the owner of the premises (if not such person), and such other persons as the Director may deem appropriate, shall be heard at the hearing on the question of termination. If, upon completion of the hearing, the Director finds that no violation has occurred, the Director shall order that the service shall not be terminated. If, upon completion of the hearing, the Director determines that such violation has occurred, or is occurring, the Director may order the water service to be terminated, or may order that service be terminated within a specified period of time unless such violation or the conditions or activities causing such violations cease forthwith or within a specified period of time, or the Director may make such other order as deemed appropriate under the circumstances and in furtherance of the purposes and intent of this chapter. (Prior code § 9-714.1)
13.28.080 Appeal.
Any person aggrieved by a determination, order, or directive of the Director made pursuant to the provisions of Sections 13.28.060 and 13.28.070 may appeal such determination, order, or directive to the City Manager. Written notification of such appeal shall be filed with the City Clerk within 10 days after notification of the determination, order, or directive of the Director, and shall set forth in detail the facts and reasons supporting the appeal. Hearing on the appeal shall be held by the City Manager or the designee within 10 days from the date of filing the notice of appeal. The appellant, the Director, and such other persons as the City Manager or the City Manager’s designee may deem appropriate, shall be heard at the hearing on appeal. Upon conclusion of hearing the appeal, the City Manager or the designee may affirm, reverse or modify the determination, order or directive of the Director as deemed just and equitable, and in furtherance of the provisions, purposes, and intent of this chapter. During the pendency of any such appeal, the determination, order or directive of the Director shall remain in full force and effect. The City Manager’s or the designee’s action on the appeal shall be final. (Prior code § 9-715)
13.28.090 Violation an infraction.
Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Said violation shall be in addition to the surcharges and disconnection procedure established hereinabove. (Prior code § 9-716)
13.28.100 Powers and duties of the Director.
The Director of Municipal Utilities is hereby authorized to and may enforce all the provisions of this chapter. For such purposes, the Director shall have the powers and discretion of a law enforcement officer. The Director, and duly delegated representatives, pursuant to the provisions of Section 836.5 of the Penal Code of the
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State of California, are hereby authorized to arrest a person without a warrant whenever there exists reasonable cause to believe the person has in his or her presence violated any provision of this chapter which is an infraction. Upon making such arrest, the Director or the delegated representative shall prepare a citation and release the person arrested pursuant to Section 853.6 of the Penal Code of the State of California. The provisions of Sections 836.5 and 853.6 of the Penal Code are hereby adopted by reference as part of this section. (Prior code § 9-717)
13.28.110 Remedies cumulative.
The remedies and penalties provided for in this chapter shall be cumulative and shall be in addition to any or all other remedies available to the City. (Prior code § 9-719) Chapter 13.32 WATER SHORTAGE EMERGENCIES
13.32.010 Purpose and scope.
This chapter adopts regulations to deal with water shortage emergency conditions which exist within the City and the City’s water service areas, as declared by resolution of this City Council. These regulations shall become effective with the effective date of the ordinance codified in this chapter. A water shortage emergency declaration shall be in effect upon proper findings made by the City Council after a public hearing and shall remain in effect until the City Council finds and declares by resolution that the water shortage emergency condition has abated, has changed in degree or no longer exists. (Prior code § 9-730)
13.32.020 Findings.
The City Council finds, determines, and declares that the following shall occur prior to enforcement of the provisions of this chapter:
A. The City Council shall conduct duly not iced public hearings for the purpose of determining whether a water shortage emergency condition exists and, if so, the degree of the emergency and what regulations and restrictions should be enforced in response to the shortage.
B. The City Council shall adopt a resoluti on which declares that a water shortage emergency condition exists, the facts and conclusions which support such a declaration and that the ordinary water demands and requirements of water consumers within the City cannot be satisfied.
C.The regulations set forth herein are necessary and proper to protect and conserve the water supply for human consumption, sanitation, and fire protection during the duration of the water shortage emergency condition.
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D. The regulations set forth herein shall remain enforceable to the extent declared by the City Council and until such time as the City Council finds that the water shortage emergency no longer exists.
E. During the existence of a declared wa ter shortage emergency, the provisions of this chapter shall take precedence over the provisions of the City’s Water Conservation Ordinance, Stockton Municipal Code Chapter 13.28, as now enacted or hereafter amended. The provisions of the Water Conservation Ordinance shall continue in effect except where provisions of this chapter are different. Within areas of the City where water service is provided by any other water provider, the provisions of this chapter as to prohibited uses and waste shall be applicable. The Water Conservation Ordinance shall remain in effect except where more stringent requirements are set out herein. (Prior code § 9-731)
13.32.030 Definitions.
The following terms are defined for the purposes of this chapter:
“Allocation” means the calculated percentage of the amount of water delivered to each customer’s property during the corresponding monthly billing period of the base year for which no penalty or surplus use charge shall be imposed. “Applicant” means a person, firm, partnership, business, corporation, district or governmental agency that requests or receives water service from the City. “Base year” means the calendar year of 1987 or any other period established by resolution of the City Council.
“Customer” means any person, firm, partnership, business, corporation, district, or governmental agency that receives water from the City (“City”) Water Utility. “Director” means the Director of the Municipal Utilities Department of the City. “Process water” means water used to manufacture, alter, convert, clean, grow, heat or cool a product, including water used in laundries and car wash facilities. “Water” means water used in or supplied by the City. (Prior code § 9-732)
13.32.040 Additional limits on water use available to all water users.
During Stage 2, 3, 4, 5 and 65 emergencies, the following wasteful uses shall be prohibited in addition to the prohibitions and limitations stated in the Water Conservation Ordinance, Stockton Municipal Code Chapter 13.28. During said stages Section 13.28.040 and Sections 13.28.030(A) and (B)(3) and (4) shall not be applicable.
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In the event the provisions of the section are inconsistent with the Water Conservation Ordinance, this section shall prevail.
A. Any use of potable water from any fire hy drant is prohibited, except by regularly constituted fire protection agencies for fire suppression purposes or by the responsible water agency, when alternate water sources or recycled water sources are available. In the absence of alternate water sources or reclaimed water sources, use of potable water from a hydrant may be used provided a permit for such use is approved by the Fire Department and the responsible water agency.
B. Use of potable water for dust control purposes except for public health or safety purposes. Reclaimed, recycled or other nonpotable water may be used for such purposes so long as such water is not wasted.
C. Irrigation of exterior landscaping, tu rf areas, open ground, crops, trees, grass, lawn, groundcover, shrubbery, or decorative plantings between the hours of 811:00 a.m. and 6:00 p.m. except irrigation by drip or mist irrigation systems shall not be restricted as to hours.
D. Irrigation of exterior landscaping, tu rf areas, open ground, crops, trees, grass, lawn, groundcover, shrubbery, or decorative plantings in such a manner or extent that allows water to run off or escape from the premises or to be wasted.
E. Violation of the above stat ed provisions shall be unlawful and an infraction. (Prior code § 9-733)
13.32.050 Water allocations—City water utility.
A. The following classes of water use are established:
1. “Residential” which shall consist of water service to land improved with structures designed to serve as a residence for human habitation.
2. “Multiple-family residential” which shall consist of water service to land improved with structures designed to serve as a residence for more than a single-family, including apartments, condominiums, townhouses, mobilehome parks, and the like where more than one unit is served by a single meter.
3. “Nonresidential” which shall consist of water service to land improved with structures designed to serve for uses other than residential uses and land without structures but used for agricultural purposes. The following kinds of water use are, without limitation, designated as nonresidential: commercial, industrial, agricultural, municipal, schools, and churches.
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4. “Process water users” which shall consist of nonresidential users which utilize water primarily to manufacture, alter, convert, clean, grow, heat, or cool a product, including laundries and vehicle wash facilities.
B. No customer shall use City water for pe rmitted uses in excess of the respective allocation for each class of service within each stage of water shortage emergency. (Prior code § 9-734)
13.32.060 Stages of water shortage emergency.
The following stages of water shortage emergency are established. Upon declaration of the City Council that an emergency condition exists, as provided in Sections 13.32.010 and 13.32.020, the City Council shall declare the degree of emergency and identify the applicable stage and the regulations which shall be enforceable for each respective stage. During Stages 2, 3, 4, 5 and 65 additional restrictions on water use shall be enforceable as stated in Section 13.32.040.
A. Stage 1—Mandatory Water Conservati on. Upon a finding made by the City Council that a Stage 1 water shortage emergency exists, the regulations set out in the Water Conservation Ordinance, Stockton Municipal Code Chapter 13.28, as presently enacted or amended shall be enforceable as to all water users.
B. Stage 2—Water Shortage Emergency. Upon declaration of the City Council that a Stage 2 water shortage emergency exists, the following regulations shall be applicable to all customers of the City’s water system:
1. Residential Accounts. Re sidential accounts shall use 20 percent less than no more than 90 percent of the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year.
Notwithstanding this provision, no residential account shall receive an allocation of less than 600 cubic feet (6 CCF) of water per billing period.
2. Multiple-Family Residential Accounts. Multiple family residences which are served by a single meter shall use 20 percent less than no more than 90 percent of the total quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than 400 cubic feet (4 CCF) of water per unit served on a single meter.
3. Nonresidential Accounts. N onresidential accounts shall use 20 percent less than no more than 90 percent of the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year.
4. Process-Water User Accounts. Process-water users shall use 20 percent less than no more than 100 percent of the quantity of water as recorded by meter during the corresponding billing period during the base year.
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C. Stage 3—Water Shortage Emergency. The following regulations shall be applicable to all customers of the City’s water system:
1. Residential Accounts. Re sidential accounts shall use 30 percent less than no more than 80 percent of the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year.
Notwithstanding this provision, no residential account shall receive an allocation of less than 600 cubic feet (6 CCF) of water per billing period.
2. Multiple-Family Residential Accounts. Multiple family residences which are served by a single meter shall 30 percent less than use no more than 80 percent of the total quantity of water delivered to the customer’s property as recorded by the meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than 400 cubic feet (4 CCF) of water per unit served on a single meter.
3. Nonresidential Accounts. N onresidential accounts shall use 30 percent less than no more than 80 percent of the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year.
4. Process-Water User Accounts. Process-water users shall use 30 percent less than no more than 90 percent of the quantity of water as recorded by meter during the corresponding billing period during the base year.
D. Stage 4—Water Shortage Emergency. The following regulations shall be applicable to all customers of the City’s water system.
1. Residential Accounts. Re sidential accounts shall use 40 percent less than no more than 70 percent of the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year.
Notwithstanding this provision, no residential account shall receive an allocation of less than 600 cubic feet (6 CCF) of water per billing period.
2. Multiple-Family Residential Accounts. Multiple-family residences which are served by a single meter shall use 40 percent less than no more than 70 percent of the total quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than 400 cubic feet (4 CCF) of water per unit served on a single meter.
3. Nonresidential Accounts. N onresidential accounts shall use 40 percent less than no more than 70 percent of the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year.
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4. Process-Water User Accounts. Process-water users shall use 40 percent less than no more than 90 percent of the quantity of water as recorded by meter during the corresponding billing period during the base year.
E. Stage 5—Water Shortage Emergency. The following regulations shall be applicable to all customers of the City’s water system.
1. Residential Accounts. Re sidential accounts shall use 50 percent less than no more than 60 percent of the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year.
Notwithstanding this provision, no residential account shall receive an allocation of less than 600 cubic feet (6 CCF) of water per billing period.
2. Multiple-Family Residential Accounts. Multiple family residences which are served by a single meter shall use 50 percent less than no more than 60 percent of the total quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than 400 cubic feet (4 CCF) of water per unit served on a single meter.
3. Nonresidential Accounts. N onresidential accounts shall use 50 percent less than no more than 60 percent of the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year.
4. Process-Water User Accounts. Process-water users shall use 50 percent less than no more than 80 percent of the quantity of water as recorded by meter during the corresponding billing period during the base year. (Prior code § 9-735) F. Stage 6—Water Shortage Emergency. The following regulations shall be applicable to all customers of the City’s water system.
1. Residential Accounts. Re sidential accounts shall use 60 percent less than the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year. Notwithstanding this provision, no residential account shall receive an allocation of less than 600 cubic feet (6 CCF) of water per billing period.
2. Multiple-Family Residential Accounts. Multiple family residences which are served by a single meter shall use 60 percent less than the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than 400 cubic feet (4 CCF) of water per unit served on a single meter.
3. Nonresidential Accounts . Nonresidential accounts shall use 60 percent less than the quantity of water delivered to the customer’s property as recorded by meter during the corresponding billing period of the base year.
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4. Process-Water User Accounts. Proce ss-water users shall use 60 percent less than the quantity of water as recorded by meter during the corresponding billing period during the base year. (Prior code § 9-735)
13.32.070 Establishment of customer allocation.
A. The Director shall classify each cu stomer and calculate each customer’s allocation. Each customer shall be notified of the Director’s determination by mail deposited in the United States Postal Service.
B. Establishment of Allocations With No Customer Use History.
1. Residential. All resident ial customers with no water use history at the current property address shall be assigned an allocation for single- or multiple-family residential accounts, as determined by the Director, on the basis of usage by similarly situated customers or on such other basis as may be fair and equitable under all the circumstances.
2. Other Use Classifications. In order to determine water use allocations for a new nonresidential use customer, for a change in property use, or for a customer with no water use history at the current property address, an application by the customer shall be submitted to the Director designating the intended use of the property, the square footage, and number of employees. An allocation will be determined by the Director after reviewing the above factors as well as comparing water use for similar types of construction and property uses, averaging the water use and applying the appropriate percentage reduction to this amount. (Prior code § 9-736)
13.32.080 Request for increase in allocation.
A. All applicants for an increase in allocation must submit an application in writing to the City Department of Municipal Utilities on an application form provided by the City.
B. Requests for increased allocations will be reviewed by the Water Conservation Officer for recommendation to the Director for approval, modified approval, or denial.
Requests for increased allocations in excess of the historical use may be recommended for approval for reasons outlined in subsection D of this section.
C. All residential applicants for an additi onal allocation based on additional persons residing at a residence shall show proof of residency for all residents at that property.
D. Water allocations may be adjusted by the Director upon written application where the requested adjustment is found to be reasonably necessary. Factors for consideration shall include without limitation:
1. Additional people residing fu ll time at that residence.
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2. Unusual medical needs.
3. Change of property use.
4. Where a City audit of nonresidential customer’s water-using appliances and usage shows that all reasonable conservation measures are being employed and the applicant provides a conservation plan demonstrating the measures employed and compliance with the plan.
5. Where a nonresidential customer has dem onstrated growth in business volume over the base year in providing a water-related service to the public, the allocation may be based upon 1990 annual water use.
6. Hospitals, health care facilities, nursing care facilities, health clinics, and similar users may be excepted from the percentage reductions providing that a water conservation plan demonstrating reductions in consumption to the maximum extent feasible without jeopardizing patient care is prepared and approved by the Director.
E. A decision in writing shall be mailed to the applicant within 15 days of receipt of the application. (Prior code § 9-737)
13.32.090 Appeals.
A. Procedure. Any customer may appeal fo r reconsideration of the Director’s classification of use, allocation or determination of a request for an increase in allocation on the basis of hardship or incorrect calculation. Appeals for reconsideration shall be processed as set forth below.
1. Any customer appealing for reconsideratio n of the classification or allocation shall do so in writing to the Director by either using forms provided by the City or by letter setting forth in detail the reasons for the appeal.
2. The appeal for reconsideration shall be reviewed by the City Department of Municipal Utilities and a site visit scheduled if required.
3. If an appeal for reconsideration is sust ained, a condition of approval may include a requirement for the installation of water efficient plumbing fixtures and/or irrigation systems.
4. A staff committee or de signee of the Director and the Director shall review all appeals for reconsideration and make decisions on the appeal.
5. If an applicant disagrees with the Direc tor’s decision, the decision may be appealed in the same procedural manner as specified in subsection A of this section to the City Manager or a designee, whose decision shall be final. If an appeal to the City Manager is requested, the customer shall be notified of a hearing date by mail. Such
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hearing shall be scheduled within 10 days of filing the appeal. A decision shall be forwarded to the applicant within 15 days of the date of the hearing.
B. Each appeal to the Cit y Manager shall be accompanied by an appeal fee in an amount to be set by resolution of the City Council from time to time to defray the additional costs to the City. (Prior code § 9-738)
13.32.100 Enforcement and penalties.
A. The first billing period after the effectiv e date of the Council’s declaration of a water shortage emergency or the effective date stated in said resolution shall be considered an adjustment period during which no penalties will be imposed for water usage in excess of the allocation.
B. Beginning with the sec ond billing period after the effective date and except as provided in subsection C of this section, any customer who exceeds the established allocation in any monthly billing cycle shall pay an excess use charge in addition to all other charges. The excess use charge shall be based on a rate schedule as specified from time to time by resolution of the City Council.
C. No excess use charge shall be impos ed in the following circumstances:
1. Multiple-family resident ial customers whose consumption is 400 cubic feet (4 CCF) per unit or less during any billing period;
2. All other customers whos e consumption is 600 cubic feet (6 CCF) or less during any billing period.
D. Installation of Flow Restrictor.
1. After the issuance of one (1) written warnin g for violation of the provisions of this chapter, or for any use of water which is prohibited, the City may install a flow restricting device on the customer’s water service which shall remain in place for a period of not less than 48 hours and until the customer has paid the removal charges set forth below.
The device shall not be removed except by the City.
2. If the customer, after removal of a flow restricting device by the City, shall again violate the provisions of this ordinance or the Water Conservation Ordinance, the City may install a flow restricting device which shall remain for a period of at least two (2) weeks and until payment for removal by the City.
3. Further violations, removal of or by-pa ssing the flow restricting device may result in termination of water service. Upon a determination by the Director that service shall be terminated, written notice of intent to disconnect shall be mailed to the customer.
Said notice shall be mailed to the resident and any other person or entity known to the City who is responsible for the violation or correction of the violation, including the
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property owner in the case of rentals. A request for hearing on the discontinuance of service shall be requested within five (5) days of mailing the notice. A hearing before the Director shall be held within three (3) days of expiration of the period for requesting a hearing. The Director’s final decision shall be mailed to the responsible parties within three (3) days of the hearing. If the final decision is to discontinue service, the discontinuance shall not occur less than three (3) days after mailing of the Director’s final decision.
4. Removal Charges. The charge for remova l of a flow restricting device shall be based on a rate schedule as established from time to time by resolution of the City Council. In the case of rentals, the person or entity occupying the premises and the owner shall be jointly and severally responsible for payment of said costs. (Prior code § 9-739)