[Ord. No. 02-22, 8-20-2002]
A. In the event of drought, water source contamination, water treatment
difficulties, water system failure, or similar actual or potential
threats to the City's water supply, the City Council may adopt
an ordinance declaring that a water emergency exists in the City.
B. Upon the declaration of a water emergency by the county, the City
Council shall promptly adopt an ordinance declaring a water emergency
in the City, pursuant to this division, as required by that certain
agreement between the City and the county, dated December 20, 1995,
and known generally as "Utility Agreement I."
C. Upon either the City Council's adoption of an ordinance declaring a water emergency in the City or the county's declaration of a water emergency under Subsection
B:
(1) The Mayor and the City Manager shall join with the county administrator
and the chairman of the board of supervisors of the county to constitute
a water supply emergency panel to determine and administer the emergency
actions to be taken by the two jurisdictions' waterworks consistent
with this division and the water emergency declarations issued by
one or both jurisdictions; and
(2) The City Manager shall, insofar as the City's waterworks allow,
provide backup water service to the county.
[Ord. No. 02-22, 8-20-2002]
A. Upon the adoption of an ordinance by the City Council declaring a water supply emergency under §
74-111, the City Manager shall make a written finding that one of the following conditions exists and impose water conservation measures, as follows:
(1) Condition 1. When moderate but limited supplies of water are available,
the City Manager shall, through appropriate means, call upon the general
public to employ prudent restraint in water usage and to conserve
water voluntarily by whatever means available.
(2) Condition 2. When very limited supplies of water are available, the
City Manager shall order curtailment of less essential water usage,
including, but not limited to, one or more of the following:
(a)
The watering of shrubbery, trees, lawns, grass, plants, or other
vegetation, except indoor plantings, greenhouse or nursery stocks,
limited watering of newly seeded lawns, and watering by commercial
nurseries of freshly planted plants upon planting and once a week
for five weeks following planting.
(b)
The washing of automobiles, trucks, trailers, boats, airplanes,
or any other type of mobile equipment, except in facilities operating
with a water recycling system approved by the Director of Public Works;
provided, however, that any such facility shall prominently display
in public view a notice approved by the Director of Public Works stating
that such recycling system is in operation. In lieu of the provisions
hereof, the City Manager may curtail the hours of operation of any
commercial enterprise offering such services or which washes its own
equipment.
(c)
The washing of streets, driveways, parking lots, service station
aprons, office buildings, exteriors of homes or apartments, or other
outdoor surfaces.
(d)
The operation of any ornamental fountain or other structure
making a similar use of water.
(e)
The filling of swimming and wading pools, and the re-filling
of swimming and wading pools which were drained after the effective
date of the City Manager's order.
(f)
The use of water from fire hydrants for any purpose other than
fire suppression or other public emergency.
(g)
The serving of drinking water in restaurants, cafeterias, or
any other food establishment unless requested by a patron thereof.
(3) Condition 3.
(a)
When critically limited supplies of water are available, the City Manager shall institute mandatory reductions in the water supplied to each customer, in addition to those restrictions applicable under Subsection
A(2) of this section, as follows:
[1]
Industrial, institutional, commercial, governmental, wholesale,
and all other nonresidential customers shall be allotted a percentage
reduction based upon each customer's average bi-monthly water
consumption for the preceding calendar year; and
[2]
Individual residential customers shall be limited to a specific
volume or percentage reduction of water consumption per billing cycle.
(b)
If the allotted bi-monthly water usage set forth above is exceeded,
the customer shall be charged a penalty in the amount of $10 for every
1,000 gallons of water consumed above the allotted volume. Such penalty
or surcharge shall be in addition to the regular water rates charged
by the City. Where prior consumption data is not available, the Director
of Public Works shall estimate allocations based upon the data available
from similar activities of equal intensity.
(4) Condition 4. When critically limited supplies of water are available,
the City Manager shall restrict the use of water to purposes which
are absolutely essential to life, health, and safety.
B. To the extent practicable and allowed by law, the City Manager shall
impose voluntary or mandatory water conservation measures under this
section that are equal to and simultaneous with those imposed by the
county pursuant to a declaration of water supply emergency by said
county.
C. The City Manager shall further have the authority to make additional written findings and to decide whether to change the level of water conservation measures set forth under Subsection
A(1),
(2),
(3), or
(4) of this section. Prior to announcing any change from one such condition level to another, the City Manager shall compile a written report setting forth the criteria utilized and data relied upon in making his decision, including a narrative summary supporting the determination. Each such report shall be available for public inspection in the City Manager's office. The City Manager shall forthwith transmit a copy of each such report to the City Council.
[Ord. No. 02-22, 8-20-2002]
A. The provisions of this division and any regulations promulgated hereunder
shall not apply to any governmental activity, institution, business,
or industry which the City Manager determines, upon a proper showing,
to be necessary for the public health, safety, or welfare, or for
the prevention of severe economic hardship or substantial loss of
employment.
B. Any such governmental entity, institution, business, or industry
aggrieved by a decision of the City Manager pursuant to this section
may file a written appeal within 10 days thereof to the City Council,
which may affirm, reverse, or modify such decision.
[Ord. No. 02-22, 8-20-2002]
A. Any person who willfully violates any provision of this division or any regulation promulgated hereunder shall, upon conviction thereof and in addition to any excess water charges set forth in §
74-112 above, be guilty of a Class 4 misdemeanor. Each act or each day's continuation of a violation shall be deemed a separate offense.
B. In addition to any other penalties provided by law, the City Manager
shall have the authority to suspend the water service to any person
who violates any provision of this division or any regulation promulgated
hereunder. Prior to any such suspension, the City Manager shall provide
the customer with written notice of the alleged violation(s), the
date of the proposed suspension of service, and the means by which
the customer may appeal the City Manager's decision. Written
notice shall be provided in such manner as is set forth in Code of
Virginia, § 8.01-296 et seq., for service of process in
civil actions, at least two business days prior to the actual suspension
of service. Any water service so suspended shall be subject to a re-connection
fee of $35.
[Ord. No. 02-22, 8-20-2002]
Upon his determination that a water supply emergency no longer exists and after consultation with the water supply emergency panel established under §
74-111C, the City Manager shall make a report and recommendation to the City Council. The City Council shall thereupon act to terminate or continue the water emergency.