Article V Water Rates - Billing

The City of Bloomington treasurer shall establish a proper system of accounts and shall keep proper books, records, and accounts in which complete and correct entries shall be made of all transactions relative to the water system, and at regular annual intervals he shall cause to be made an audit by an independent auditing concern of the books to show the receipts and disbursements of the water system.

In addition to the customary operating statements, the annual audit report shall reflect the revenues and operating expenses of the water facilities, including replacement cost. The financial information to be shown in the audit report shall include the following:

Flow data showing total gallons received at the water plant for the current fiscal year.

Billing data to show total number of gallons billed per fiscal year.

Debt service for the next succeeding fiscal year.

Number of users connected to the system.

Number of non-metered users.

Appeals. The method for computation of rates and service charges established for user charges shall be made available to a user within 10 days of receipt of a written request for such, submitted to the Water Director. Any questions of fact or law regarding possible overcharges shall be settled by reference to the "Tax Rights and Responsibility Ordinance," found in Article XV of Chapter 39 of the City Code. For the purposes of such Article XV, payments for water shall be deemed to be a tax.

Access to records. The Illinois Environmental Protection Agency or its authorized representative shall have access to any books, documents, papers and records of the City of Bloomington which are applicable to the City of Bloomington system of user charges for the purpose of making audit, examination, excerpts and transcripts thereof to ensure compliance with the terms of an IEPA Loan Agreement.

Irrigation systems. Irrigation systems shall only be charged the monthly service charge (fixed charge) and the applicable water rates as calculated from the monthly service charge and water rates in effect at the time. Monthly service charges (fixed charges or non-volumetric based charges) for irrigation meters will not be suspended during non-irrigating months.

All water customers within the boundaries of the Parkway Project Planned Unit Development, as such boundaries were established pursuant to the legal description approved by the City Council in its September 8, 2008, approval of the Preliminary Plan for said planned unit development, shall pay "Outside City" rates in accordance with the rates in effect at the time of water usage by such customers.

Financial assistance.

The City Manager, through Executive Order, shall develop a needs-based assistance program based on the federal poverty guidelines as provided in the Federal Register issued by the U.S. Department of Health and Human Services each year. This program shall provide a 33% discount effective May 1, 2024.

The City Manager shall explore other resources that provide financial assistance for water utilities and shall be responsible for the City's website shall be updated to reflect same.

§ 27-502 [Ch. 27, Sec. 28] Fire protection charges.

The City Manager may, from time to time, propose additional needs-based assistance programs that may be approved by resolution of the City Council.

Effective January 1, 2009, the monthly rate for private fire protection, in the form of a fire booster pump, sprinkler system, private fire hydrants or any other fire suppression equipment connected to the City's water system shall be charged the rate of $6.80 per inch, or fraction thereof rounded to the next highest inch, of fire service connection. Fire suppression systems that utilize a combined domestic and fire service line shall be calculated using the size of the combined line connection at the water main for determining the proper charge.

Effective January 1, 2010, the monthly rate for private fire protection, in the form of a fire booster pump, sprinkler system, private fire hydrants or any other fire suppression equipment connected to the City's water system shall be charged the rate of $13.60 per inch, or fraction thereof rounded to the next highest inch, of fire service connection. Fire suppression systems that utilize a combined domestic and fire service line shall be calculated using the size of the combined line connection at the water main for determining the proper charge.

Effective January 1, 2011, the monthly rate for private fire protection, in the form of a fire booster pump, sprinkler system, private fire hydrants or any other fire suppression equipment connected to the City's water system shall be charged the rate of $20.40 per inch, or fraction thereof rounded to the next highest inch, of fire service connection. Fire suppression systems that utilize a combined domestic and fire service line shall be calculated using the size of the combined line connection at the water main for determining the proper charge.

Effective January 1, 2012, the monthly rate for private fire protection, in the form of a fire booster pump, sprinkler system, private fire hydrants or any other fire suppression equipment connected to the City's water system shall be charged the rate of $27.20 per inch, or fraction thereof rounded to the next highest inch, of fire service connection. Fire suppression systems that utilize a combined domestic and fire service line shall be calculated using the size of the combined line connection at the water main for determining the proper charge.

[Ord. No. 2008-24]

§ 27-503 [Ch. 27, Sec. 29] Reading of meters - notice.

[Ord. No. 1994-43]

All water meters shall be read and billed monthly. Bills shall be sent to the property on which the meter is located, unless other directions are given by the customer Said bill shall state the amount of payment due, the date the meter is read, the reading on that date, the previous reading, and the cubic feet consumed. All bills shall be paid by the due date, and if unpaid on said due date, said bill shall be delinquent. All bills shall be rendered at the rates hereinabove fixed. Every delinquent bill shall accrue an additional charge or penalty of 10% for each additional month or fraction thereof that the bill remains due and unpaid. Failure to receive the monthly bill shall not be an excuse for nonpayment of the bill. Any overpayment of water charges less than $25 will not be refunded, but shall be applied as a credit on future bills on that water account except for final bills. Final bills with a credit of less than $5 will not be refunded.

§ 27-504 [Ch. 27, Sec. 30] Estimated bills.

[Ord. No. 2018-93; amended 8-28-2023 by Ord. No. 2023-081]

At times when an actual reading cannot be made or is not made, for whatever reason, the water bill shall be estimated based on records of past usage in the Water Department. If an actual reading cannot be made for four consecutive months the meter shall be considered inaccessible and may be replaced as provided in § 27-302.

§ 27-505 [Ch. 27, Sec. 31] No obligation to furnish when delinquent - cut off notice.

The City shall be under no obligation to furnish water to any premises for which a delinquent City Services bill remains unpaid. If any water charges, meter repair or any other charges for any building or premises are not paid within 30 days of the due date of the City Services bill, the water service may be disconnected at once by whatever means necessary. The water service shall not be restored for said premises until all charges and penalties are paid or a written payment agreement has been entered into for payment of those charges and penalties, and in addition thereto a $50 delinquency fee to be assessed as of the shut off day. If the service is restored outside of regular service restoration hours, the customer shall pay the City in advance, for the actual cost of the restoration of water service, plus the delinquency fee. If a written payment agreement is not fulfilled, the customer shall be disconnected at any time following the failure to fulfill the agreement. The fee for the initiation of a Payment Agreement (either verbal or written) shall be $10 and will be added to the City Services bill for the account that the Payment Agreement was created for. Governmental agencies of every kind, including subordinate agencies of the Federal, the State of Illinois, the County of McLean, and municipal corporations shall be exempt from the penalty provisions of this Ordinance.

[Ord. No. 2007-98]

For accounts that are delinquent at the time of a final water meter reading, the water service may be terminated at the time of the final water meter reading and service may not be restored until the account has been made current or a written payment agreement has been entered into for payment of the delinquent charges and penalties.

[Ord. No. 2006-110]

Requests for a change of billing recipient for accounts that are delinquent at the time of the request may be refused until such time as the account is made current or a written payment agreement has been entered into for payment of the charges and penalties.

[Ord. No. 2006-110]

The balance of unpaid charges and taxes for a delinquent City Services bill for a given premises or real estate ("first premises") may, at the discretion of the Director of Water or his/her designees, be transferred to the City of Bloomington City Services account of another premises or real estate ("second premises") if the second premises is either owned by the same person as the first premises at the time of the transfer or the City Services account at the second premises is established in the same name as the first premises.

[Ord. No. 2006-110]

In the event a City Services account has been established by a person other than the owner of the property and has been disconnected due to delinquency, the Director of Water or his/her designees may require that said account be transferred into the name of the owner of the property as a condition of continued service.

[Ord. No. 2006-110]

§ 27-506 [Ch. 27, Sec. 32] Liability for charges - cut off by owner.

The owner of any lot, building or premises and the occupant thereof and the customer of the water service of said system shall be jointly and severally liable to pay for such water service on said premises; and the water services shall be furnished to the premises by the City only upon the condition that the owner of the premises, occupant and customer of the water service are jointly and severally liable therefor to the City. The owner or owners of any real estate may at any time, whether a water bill is current or delinquent, notify the City in writing on the forms provided by the Water Department that they request to have the water service to the premises disconnected and acknowledging that a subsequent reconnection of the water service shall require the reconnection charge specified in § 27-505 of this chapter. Upon receipt of such request, the Water Department within three days thereafter shall cause the water service to be disconnected.

[Amended 8-28-2023 by Ord. No. 2023-081]

This section shall not be construed to allow the owner of any property to procure the disconnection of water service on said property against the will of any occupants thereof.

[Ord. No. 2018-93]

§ 27-507 [Ch. 27, Sec. 33] Delinquent charges - liens.

[Ord. No. 1994-43]

Charges for water and/or related services and/or equipment that are not paid within 30 days of the due date shall be considered delinquent. Such delinquent charges, all subsequent charges incurred for water and related services and equipment while the delinquent charges remain unpaid and all costs of filing any lien notice(s) and of releasing any lien(s) shall constitute a lien upon the real estate for which such water and related services and equipment were supplied. The Director of Finance or his authorized representative is hereby authorized to file sworn statements showing such delinquencies in the office of the Recorder of Deeds of McLean County, Illinois. This statement shall contain the legal description of the premises serviced, the amount of the unpaid bill and additional charges and expenses, and a notice that the City claims a lien for the total amount. The filing of such statements shall be deemed notice for the payment of such charges of water and related services, equipment and taxes.

§ 27-508 [Ch. 27, Sec. 34] Foreclosure of lien.

That the lien for water charges and taxes established by law against the premises and real estate upon or for which water furnished by the City is used or supplied may be enforced and foreclosed by a suit in Chancery in the Circuit Court of McLean County, Illinois according to the rules and practice of said Court. Said lien also may be enforced and foreclosed by intervention in any suit already commenced in said Court or any other Court whatever said intention is proper under the law. Whenever the City is made a defendant in any suit on account of any lien it may have for the furnishing of water, it shall have full power to enforce its said lien in said proceedings.

The Corporation Counsel is hereby authorized and directed to institute such proceedings or intervene as the case may be in the name of the City, in any Court having jurisdiction over such matters against any property of which a water bill has remained unpaid 30 days after the due date.

[Ord. No. 1994-43]

§ 27-509 [Ch. 27, Sec. 35] Alternative remedies.

The method herein provided for enforcing and foreclosing the lien for water charges and taxes shall not be considered as excluding any other remedy or any other method of collecting said water charges and taxes, but shall be concurrent with all other remedies and methods.

[Ord. No. 1994-43]

The Director of Finance and/or the Water Department Director shall be authorized to compromise or waive the financial requirements of this chapter if he finds that the situation for which the person is to be charged was due entirely or in part to the fault of the City or any agent thereof.

[Ord. No. 2018-93; amended 8-28-2023 by Ord. No. 2023-081]

§ 27-510 [Ch. 27, Sec. 36] Water emergency response ordinance.

Declaration of policy, purpose, and intent.

Purpose. To achieve the greatest public benefit from domestic water use, sanitation, fire protection and to provide water for other purposes in an equitable manner and to preserve water quality, the City of Bloomington adopts the following regulations and restrictions on the delivery and consumption of water.

This Ordinance is hereby declared necessary for the preservation of public health, safety, welfare and enhances water supply operational flexibility and shall take effect upon its adoption by the City of Bloomington.

COMMERCIAL AND INDUSTRIAL USE

Whenever, in the judgment of the City Council of the City of Bloomington, it becomes necessary to conserve water in the service area, due to drought, water treatment capacity or other conditions, the City of Bloomington City Manager, in consultation with the Water Department Director is authorized to issue a Proclamation that existing drought or other conditions prevail over fulfillment of the usual water-use demands. The Proclamation is an attempt to prevent depleting the water supply to the extent that water-use for human consumption, sanitation, fire protection and other essential needs become endangered.

[Amended 8-28-2023 by Ord. No. 2023-081]

(4)

Immediately upon the issuance of such a Proclamation, regulations and restrictions set forth under this Ordinance shall become more effective and remain in effect until the water shortage is terminated and the Proclamation rescinded.

(5)

Water uses, regulated or prohibited under the Ordinance, are considered to be nonessential and continuation of such uses during time of water shortage is deemed to constitute a waste of water, subjecting the offender(s) to penalties.

(6)

The provisions of the Ordinance shall apply to customers within the jurisdiction of the City of Bloomington Water Department.

[Ord. No. 2018-93; amended 8-28-2023 by Ord. No. 2023-081]

Definitions. For the purposes of this Ordinance, the following definitions shall apply:

AESTHETIC WATER USE

Water use for ornamental or decorative purposes such as fountains, reflecting pools, and waterfalls.

Water use integral to the production of goods and/or services by any establishment having financial profit as their primary aim.

CRITICAL MONTH (the months of May, June, and July) DROUGHT ALERT PHASE

MODERATE DROUGHTCombined reservoir water-levels reduced below spillway level by two feet or a proclamation that a moderate water emergency exists.

SEVERE DROUGHTCombined reservoir water-levels reduced below spillway level by four feet or a proclamation that a severe water emergency exists.

NON-CRITICAL MONTH (the months of August, September, October, November, December, January, February, March and April) DROUGHT ALERT PHASE

EXTREME DROUGHTCombined reservoir water-levels reduced below spillway level by greater than six feet and stream flow in Mackinaw River less than 20 cubic feet per second or a proclamation that an extreme water emergency exists.

[Ord. No. 2013-04]

CUSTOMER

Any person, company, or organization using water supplied by the City of Bloomington Water Department.

[Ord. No. 2018-93; amended 8-28-2023 by Ord. No. 2023-081]

DOMESTIC WATER USE

Water use for personal needs or for household purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution.

ESSENTIAL WATER USES

Water used specifically for firefighting, and to satisfy federal, state, or local public health and safety requirements.

EVEN NUMBERED ADDRESS

Street addresses, box numbers or rural route numbers ending in 0, 2, 4, 6, 8 or letters A-M; and locations without addresses.

INSTITUTIONAL WATER USE

Water use by government, public and private educational institutions, public medians and right-of-way, churches and places of worship, water utilities, and other lands, buildings and organizations within the public domain.

LANDSCAPE WATER USE

Water used to maintain gardens, trees, lawns, shrubs, flowers, athletic fields, rights-of-way and medians.

MODERATE DROUGHTCombined reservoir water-levels reduced below spillway level by eight feet or a proclamation that a moderate water emergency exists.

SEVERE DROUGHTCombined reservoir water-levels reduced below spillway level by 10 feet or a proclamation that a severe water emergency exists.

EXTREME DROUGHTCombined reservoir water-levels reduced below spillway level by greater than 12 feet and stream flow in Mackinaw River less than 20 cubic feet per second or a proclamation that an extreme water emergency exists.

[Ord. No. 2013-04]

ODD NUMBERED ADDRESS

Street addresses, box numbers or rural numbers or rural route numbers ending in 1, 3, 5, 7, 9 or letters N-Z.

WATER HAULING

Water sold by the City of Bloomington at bulk dispensing facility for use at a location other than the location where it was purchased.

WATER SHORTAGE

Lack of adequate available water to meet normal demands due to lower than normal precipitation, reduced stream flows or soil moisture, and/or deterioration of water quality which causes water supplies to be less than usual.

WHOLESALE CUSTOMER

A public body that purchases water in bulk and redistributes it to its own customers.

[Ord. No. 2012-51]

Non-essential water use. All water use categories, other than essential water use, may be curtailed during severe or extreme drought. Some examples of non-essential water uses follow:

Residential and institutional:

Washing down sidewalks, walkways, driveways, parking lots, tennis courts, or other hard surface areas.

Washing down buildings or structures for purposes other than immediate fire protection.

Flushing gutters or permitting water to run or accumulate in any gutter or street.

Washing any motor bike, motor vehicle, boat, trailer, airplane or other vehicle in public or private garages or elsewhere.

Maintaining fountains, reflection ponds, and decorative water bodies for aesthetic or scenic purposes.

(f)

Filling or maintaining public or private swimming pools.

(g)

Sprinkling lawns, plants, trees, and other flora on private or public property, except as otherwise provided under the Ordinance.

Commercial and industrial:

Serving water routinely in restaurants.

Increasing water levels in scenic and recreational ponds and lakes.

Irrigating golf courses and any portion of its grounds, except greens or as otherwise provided under this Ordinance.

Obtaining water from hydrants for any purpose other than firefighting.

Serving customers who have been given a ten-day notice to repair one or more leaks and has failed to comply.

(f)

Expanding commercial nursery facilities, placing new sod on commercial and/or residential sod after the drought proclamation, or planting or landscaping when required by site design review process.

[Ord. No. 2012-51]

Responses to moderate, extreme, and severe drought alert phases in critical or non-critical months. Levels of drought are set forth in this ordinance as moderate, severe, and extreme. Proclamations issued by the City of Bloomington City Manager, in consultation with the Water Department Director shall coordinate to the month of the year and an appropriate response to the level of drought which exists. Proclamations setting forth responses to the various drought alert phases shall be made by the City of Bloomington City Manager, in consultation with the Water Department Director and are to be based upon local and/or regional monitoring data.

[Ord. No. 2018-93; amended 8-28-2023 by Ord. No. 2023-081]

Moderate drought alert phase. If conditions indicate that a moderate drought condition is present and is expected to persist, the City of Bloomington City Manager in consultation with the Water Department Director shall notify municipal and county governments and issue press releases concerning the drought conditions to the news media. Large or key water users will be contacted directly by the Water Department.

Goal:

Public awareness and education of drought procedures and water saving.

A 5% voluntary water use reduction for residential, commercial, industrial, institutional, wholesale and electric power generation purposes in order to extend the water supply for duration of the drought.

General responses:

Issue a Public Notice of Drought Conditions on water supply and demand in a newspaper of general circulation within the affected community and region. This statement shall include a list of non-essential water uses (Subsection C).

Institute an increased water supply system maintenance effort to identify and correct water leaks by initiating a complete leak detection survey. Leaks greater than 100 gallons per minute under the control of the Water Department will be corrected within 72 hours of the Department becoming aware of the leak.

Encourage customers of the City of Bloomington Water Department to comply with the listed voluntary water-use restrictions in all categories while moderate drought conditions exist.

Water-use restrictions:

Residential. Reduce domestic, landscaping, and water-based recreational activities such as swimming pools, water slides, and other related water activities.

Commercial, industrial, and institutional. Reduce aesthetic, domestic, landscaping, and water-based recreational activities such as swimming pools, water slides, and other related water activities. Water sold for transport elsewhere ("water hauling") shall have the rate doubled.

Agricultural, irrigation and livestock. Implement conservation techniques, explore different water saving methods, and use alternative sources.

Electric power generation. Implement conservation techniques, explore different water saving methods, and use alternative sources.

Lake Bloomington. Prohibit direct water withdrawals from Lake Bloomington.

Wholesale customers. Water use reductions of 5%.

Water Department operational procedures:

[Amended 8-28-2023 by Ord. No. 2023-081]

Eliminate hydrant flushing, except that flushing necessary to maintain the water quality in the water distribution system.

Severe drought alert phase. A drought of this severity requires official declaration and implementation of mandatory water use restrictions by the City of Bloomington City Manager, in consultation with the Water Department Director. In such cases, the City Manager, in consultation with the Water Department Director will notify municipal and county governments in the affected drought areas. The Utility will also issue press releases concerning the drought conditions to the news media.

Goal:

Generate a public response that helps alleviate drought stress through mandatory water use restrictions.

A 10% water use reduction for residential, agricultural, commercial, industrial, institutional, wholesale and electric power generation purposes.

General responses:

Issue a Public Notice of Drought Conditions on water supply and demand in a newspaper or general circulation within the affected community and region. This statement shall include a list of water-use curtailment measures.

Require customers of the City of Bloomington Water Department to comply with the listed water-use restrictions in all categories while severe drought conditions exist.

Water-use restrictions:

Residential:

Use low-volume hand-held applicators only and prohibit sprinklers, other remote broadcast devices, and water runoff in landscape design maintenance.

Restrict landscape watering to Tuesday and Saturday for odd-numbered addresses, and Thursday and Sunday for even-numbered addresses.

Commercial, Industrial, and Institutional:

Prohibit aesthetic water use.

Reduce domestic water use to minimum levels necessary for maintaining health and safety.

[c]

Prohibit water-based recreational activities except facilities, such as swimming pools and other related water activities that require filtration and/or water recycling.

[d]

Use low-volume hand-held applicators only and prohibit sprinklers, other remote broadcast devices, and water runoff in landscape design maintenance.

[e]

Restrict landscape watering on Tuesday and Saturday for odd-numbered addresses, and Thursday and Sunday for even-numbered addresses.

[f]

Water sold for transport elsewhere ("water hauling") shall have the rate tripled and shall only be sold on Monday, Wednesday and Friday, 8:00 a.m. to 4:00 p.m.

Agriculture, irrigation and livestock:

Implement conservation techniques, explore different water saving methods, and use alternative sources.

Restrict irrigation use from 7:00 p.m. to 7:00 a.m.

Electric power generation:

Implement conservation techniques, explore different water saving methods, and use alternative sources.

Lake Bloomington:

Prohibit direct water withdrawals from Lake Bloomington.

Wholesale customers:

Water use reductions of 10%.

Water Department/City operational procedures.

Prohibit the use of water-based recreational activities that rely on single use water supply, such as municipal water parks.

Enact a twenty-four-hour, service-area wide, monitoring system to evaluate the community's response and cooperation to drought procedures. Reduce the water supply hydraulic grade-line (levels in water towers) by five feet.

Extreme drought alert phase. The City of Bloomington City Manager, in consultation with the Water Department Director will notify municipal and county governments in the affected drought areas, and issue press releases concerning the drought conditions to the news media. Water-use restrictions imposed during extreme drought conditions are mandatory.

Goal:

A 15% water use reduction for residential, institutional, agricultural, commercial, industrial, and electric power generation purposes.

General responses:

Require customers of the City of Bloomington Water Department to comply with the listed water-use restrictions in all categories while extreme drought conditions exist.

Water-use restrictions:

Residential:

Reduce domestic water use to minimum levels necessary to maintain health and safety.

Prohibit water-based recreational activities except facilities, such as swimming pools and other related water activities that employ filtration and/or water recycling.

[c]

Use low-volume hand-held applications only and prohibit sprinklers, other remote broadcast devices, and water runoff in landscape design maintenance.

[d]

Restrict landscape watering on Tuesday and Saturday for odd-numbered addresses, and Thursday and Sunday for even-numbered addresses.

Commercial, industrial, and institutional:

Prohibit aesthetic water use.

Reduce domestic water use to minimum levels necessary for maintaining health and safety.

[c]

Prohibit water-based recreational activities except facilities, such as swimming pools and other related water activities that employ filtration and/or water recycling.

[d]

Use low-volume hand-held applications only and prohibit sprinklers, other remote broadcast devices, and water runoff in landscape design maintenance.

[e]

Restrict landscape watering on Tuesday and Saturday for odd-numbered addresses, and Thursday and Sunday for even-numbered addresses.

[f]

Cease selling water for transport elsewhere ("water hauling").

Agriculture, irrigation and livestock:

Implement conservation techniques, explore different water saving methods, and use alternative sources.

Restrict irrigation use from 12:00 a.m. to 4:00 a.m.

Electric power generation:

Implement conservation techniques, explore different water saving methods, and use alternative sources.

Lake Bloomington:

Prohibit direct water withdrawals from Lake Bloomington.

Wholesale customers:

Water use reductions of 15%.

Water Department/City operational procedures.

Prohibit water-based recreational activities except facilities, such as swimming pools and other related water activities that require filtration and/or water recycling.

Prohibit the use of water-based recreational activities that rely on single use water supply, such as municipal water parks.

Prohibit water-based street cleaning.

Enact a twenty-four-hour Water Department monitoring system to evaluate the community's response and cooperation to drought procedures.

Reduce the water supply hydraulic grade-line (levels in water towers) by 10 feet.

Eliminate golf course irrigation, except for greens.

New water service connections.

Correspondence regarding water availability, pipeline extension agreements, and applications requesting service, received and dated after the date of this Ordinance shall include conditions relating to water shortages.

No applications for new, additional, further expanded, or an increase in size of water service connections, meters, service lines, pipeline extensions, approved or installed unless such action is in compliance with provisions of this Ordinance.

[Ord. No. 2012-51]

Water rates. In the event of an extreme drought related water shortage, the City of Bloomington City Manager in conjunction with the Water Department Director is hereby authorized to monitor water use. Under extreme drought conditions the Water Department's drought water rates will be enacted through the duration of the drought for all water users except as otherwise noted in this Ordinance. These water rates are defined as the water rates in effect at the time of the extreme drought declaration multiplied by 1.50.

[Ord. No. 2018-93; amended 8-28-2023 by Ord. No. 2023-081]

Rationing. In the event that a drought or other condition(s) threaten(s) the preservation of public health and safety, the City of Bloomington City Manager, in consultation with the Water Department Director is hereby authorized to ration water.

[Ord. No. 2018-93; amended 8-28-2023 by Ord. No. 2023-081]

Fines and penalties. Except as otherwise stated herein, violators of any provision of this Ordinance shall be penalized.

Violation classification penalty.

First offense infraction in severe drought: Courtesy reminder to implement procedures.

First offense infraction in extreme drought: $50.

Second offense infraction within the same drought period: $100.

Third and subsequent offense within the same drought period: $250.

The aforementioned fines and penalties may be in lieu of, or in addition to, any other penalty provided by law.

[Ord. No. 2012-51]

Enforcement. Employees of the City of Bloomington Water Department, City of Bloomington police officers, firefighters, and Plumbing Inspectors have the duty, and are hereby authorized to enforce the provisions of this Ordinance and shall have the power and authority to issue written notices to appear when violations of this Ordinance occur during any declared severe or extreme drought or water shortage.

[Ord. No. 2018-93; amended 8-28-2023 by Ord. No. 2023-081]

Variances.

Persons not capable of immediate water use reduction, or curtailment, because of equipment damage or other extreme circumstances, shall commence gradual reduction of water use within 24 hours of the declaration of water use curtailment/reduction and shall apply for a variance from curtailment.

Persons requesting exemption from the provisions of this Ordinance shall file a petition for variance with the City of Bloomington City Manager within 10 days after such curtailment becomes effective.

[Ord. No. 2013-04]

When the Drought Ordinance has been invoked by the City of Bloomington City Manager, in consultation with the Water Department Director, all petitions for variances shall be reviewed by the City of Bloomington City Manager in consultation with the Water Department Director. Petitions shall contain the following:

[Ord. No. 2018-93; amended 8-28-2023 by Ord. No. 2023-081]

Name and address of the petitioner(s).

Purpose of water use.

Specific provisions from which the petitioner is requesting relief.

Detailed statement as to how the curtailment declaration adversely affects the petitioner.

Description of the relief desired.

(f)

Period of time for which the variance is sought.

(g)

Economic value of the water use.

(h)

Damage or harm to the petitioner or others if petitioner complies with Ordinance.

(i)

Restrictions with which the petitioner is expected to comply and the compliance date.

(j)

Steps the petitioner is taking to meet the restrictions from which variance is sought and the expected date of compliance.

(k)

Other pertinent information.

(4)

In order for a variance to be granted, petitioner must show one of more of the following conditions:

Compliance with the Ordinance cannot be technically accomplished during the duration of the water shortage.

Alternate methods can be implemented which will achieve the same level of reduction in water use.

(5)

The City of Bloomington Water Department Director may, in writing, grant temporary variances for existing water uses otherwise prohibited under the Ordinance if it is determined that failure to grant such variances would cause an emergency condition adversely affecting health, sanitation, or fire protection for the public or the petitioner and if one or more aforementioned conditions is met. The City of Bloomington Water Department Director shall approve or deny any such variance. Any such variance so ratified may be revoked by later action of the City of Bloomington Water Department Director. Any such variance denied by the City of Bloomington Water Department Director can be appealed to the City of Bloomington City Manager.

[Ord. No. 2018-93; amended 8-28-2023 by Ord. No. 2023-081]

(6)

No such variance shall be retroactive or otherwise justify any violation of this Ordinance occurring prior to the issuance of the variance.

(7)

Variances granted by the City of Bloomington City Manager shall be subject to the following conditions, unless waived or modified by the City of Bloomington City Manager.

[Ord. No. 2013-04]

Variances granted shall include a timetable for compliance.