[Adopted 12-15-2005 by Ord. No. 2005-14]
A.
The governing body has determined that wasted water unnecessarily
depletes the water supply, results in the loss of a valuable natural
resource, causes soil erosion and degrades streets, and may create
public safety hazards.
B.
Water waste is prohibited as a condition of receiving service from
the municipal water utility. Water waste within the Village of Bosque
Farms is prohibited even if the water is not provided by the municipal
water utility.
The Village Administrator or designee shall be responsible for
the enforcement of this article. The governing body may prescribe
policies, rules, or regulations to carry out the intent and purposes
of this article.
As used in this article, the following terms shall have the
meanings indicated:
Low-pressure, low-volume irrigation applied slowly, near
or at ground level.
The pumping, flow, release, escape, or leakage of any water
from any pipe, valve, faucet, connection, diversion, well, or any
facility for the purposes of water supply, transport, storage, disposal,
or delivery onto adjacent property or the public right-of-way. Fugitive
water shall not include:
Stormwater runoff;
Flow of water resulting from temporary water supply system failures
or malfunctions;
Water applied to prevent or abate health, safety, or accident
hazards when alternate methods are not available (The washing of outdoor
eating areas and sidewalks is not included in this exemption.);
Flow of water resulting from vandalism, weather conditions,
or emergencies;
The occurrence of unforeseeable or unpreventable failure or
malfunction of plumbing or irrigation system hardware; and
The flushing of fire hydrants.
Untreated household wastewater that has not come in contact
with toilet waste. Gray water also does not include water from kitchen
sinks or dishwashers.
Precipitation or irrigation runoff collected, stored and
available for reuse for irrigation purposes.
Dedicated public land for the use of the public for the movement
of people, goods, vehicles, or stormwater. For purposes of this article,
"public right-of-way" shall include curbs and streets.
The owner, manager, supervisor, or person who receives the
water bill; or the person in charge of the property, facility, or
operation during the period of time the violation is observed.
The application of water to landscaping by means of a device
that projects water through the air in the form of small particles
or droplets.
Low-pressure, low-volume irrigation applied slowly, below
ground level.
Any water, other than natural precipitation, that substantially
flows from a property to the public right-of-way or adjacent private
property. Water waste is a nonbeneficial use of water. Nothing in
this ordinance shall contradict contents of Section 10-1, Zoning,
of the Village Code.
Nonbeneficial uses include but are not limited to:
Landscape water applied in such a manner that it overflows the
landscaped area being watered and runs onto adjacent property or the
public right-of-way;
Landscape water which leaves a sprinkler, sprinkler system,
or another application device in such a manner as to spray onto adjacent
property or the public right-of-way;
Washing of vehicles, equipment, or hard surfaces such as parking
lots or driveways when water is applied in sufficient quantity to
flow from that surface onto adjacent property or the public right-of-way;
and
Water applied in sufficient quantity to cause ponding on impervious
surfaces on non-municipal-owned property.
A.
No person, firm, corporation, or government facility or operation
shall cause, or permit to occur any water waste or the flow of fugitive
water onto adjacent properties or the public-right-of-way, whether
served by the Village water system or by a private well.
B.
Additional scheduling or restrictions may be applied pursuant to
Article III below.
C.
The water waste restrictions do not apply to nonprofit car washes
held as fund-raisers, if vehicles are washed using hand-held buckets
and hoses equipped with shut-off nozzles.
A.
Any responsible party who violates any of the provisions of this
article shall be subject to progressively higher penalty fees until
the violation ceases, or a variance is granted, or an appeal is initiated
in accordance with the provisions of this article.
B.
A written notice of violation with a penalty assessment shall be
sent to the responsible party by certified mail within three days
following the discovery of a violation of this article. The responsible
party must correct the violation or may request an extension of time
in accordance with this article within 15 days following the receipt
of the notice of violation. If the violation is not corrected within
the time allowed by this article, then the assessed penalty fee must
be paid within 30 calendar days following the date of receipt of the
original certified mail notification.
C.
The assessment of penalty fees for violations defined by this article
shall be as follows:
(1)
First observed violation: written warning (no penalty fee).
(2)
Second observed violation: $50.
(3)
Third observed violation: $100.
(4)
Fourth observed violation: water service discontinued.
(5)
For purposes of assessing penalty fees, any previous violation after
the effective date of this article shall not be considered if a period
of two years has elapsed since the violation occurred, or the property
has been transferred to a new owner.
A.
The Village Administrator may grant an extension of time to allow
the responsible party to take corrective measures, provided that the
general intent of this article has been met but compliance with this
article will cause practical difficulties or unnecessary hardship.
B.
An extension of time may be granted for a period not to exceed one
year and shall stipulate both short-term corrective measures and a
schedule for completion of long-term corrective measures. A time extension
may be renewed on an annual basis if long-term corrective measures
cannot be completed within one year.
