[Ord. No. 982.]
The purpose of this article is to provide a comprehensive water
conservation program through limitations on water usage and through
public education. Landscaping systems shall be properly designed,
installed, maintained, and operated to prevent the wasting of water.
The use of drought tolerant landscaping shall be encouraged. Serving
water in restaurants only upon customer request shall be encouraged.
[Ord. No. 982.]
Water service customers shall not be permitted to waste water.
(a)
Acts constituting water waste shall include, but shall not be limited
to, any of the following acts:
(1)
Failure to comply with the following schedule when watering
lawns, plants, or garden, or using outdoor water for other purposes:
a.
No lawn/garden watering, or other outdoor use will be allowed
between the hours of ten a.m. to seven p.m. every day.
b.
Dwellings or establishments with odd numbered street addresses
shall use outdoor water only on Mondays, Wednesdays, Fridays and Sundays.
c.
Dwellings or establishments with even numbered street addresses
shall use outdoor water only on Tuesdays, Thursdays, Saturdays and
Sundays.
(2)
Watering lawns or gardens such that excess water leaves the
property or area being watered;
(3)
Watering outdoor landscaping while raining;
(4)
Washing vehicles, equipment or boats, during restricted days
or hours; and/or using hoses without automatic shut-offs;
(5)
Hosing down of concrete or asphalt curbs, gutters, sidewalks,
driveways or slabs;
(6)
Having leaky faucets or plumbing fixtures on the premises.
[Ord. No. 982.]
(a)
Should the department of public works determine that any water service
customer, or person using the water services with the consent of the
customer, has committed acts which constitute the wasting of water
as provided herein, the water service customer shall be served, either
personally, by mail, or by posting at the residence or business premises
of the customer, with a Notice of Ordinance Violation stating the
acts or conduct which constitute the wasting of water, and notifying
the customer of the penalty fees assessed for further violations.
(b)
Should a water service customer, or person using the water services
with the consent of the customer, violate the provisions of this article
regarding water wasting, after being served with two Notices of Ordinance
Violation, then such water service customer shall be served with a
Notice of Intention to Impose a Fee for Water Wasting. Said notice
shall:
(1)
Identify the date, time and circumstances of the violation.
(2)
State the amount of the fee to be imposed.
(3)
Advise the customer of his appeal rights as provided herein.
The Notice of Intention to Impose a Fee for Water Wasting shall
be served in the same manner as the Notice of Ordinance Violation
as provided herein.
(c)
There shall be assessed to the water service customer's account a
penalty fee in the sum of fifty dollars for a first violation within
one year after being served with the Notice of Ordinance Violation.
A second violation within said one year period shall result in a penalty
fee of seventy-five dollars; and upon a third such violation within
the one year period a penalty fee of one hundred dollars shall be
assessed. Any additional violations within the one year period shall
be assessed at two hundred dollars each.
(d)
A water service customer shall have the right to appeal either the
Notice of Ordinance Violation or the imposition of any penalty fee
assessed to his account for water wasting. The appeal hearing shall
be held before the director of public works or his designee, who shall
make the final administrative determination regarding the matter.
The customer shall be allowed to present such witnesses and evidence
as he may desire and may be represented by an attorney or other representative
of his choosing. The city may be represented by the city attorney
or his designee.
The water service customer must request an appeal hearing in
writing within fifteen days from the date of service by the Notice
of Ordinance Violation; or in the case of the imposition of a penalty
fee, within fifteen days of the service of the Notice of Intention
to Impose a Fee for Water Wasting. The request for hearing shall be
addressed to the director of public works and shall be deemed served
only when received by the city. Failure to properly serve the request
for hearing within the fifteen day period shall be deemed a waiver
of the right to appeal the matter and the penalty fee will be assessed
against the customer's account.
The hearing officer shall give written notice by mail to the
water service customer of the date and time of the appeal hearing,
which hearing shall be held not sooner than ten days from receipt
of the request for hearing and not longer than thirty days. The decision
of the hearing officer shall be final. If the violation is upheld,
the penalty fee shall be assessed to the customer's account.
(e)
Any water service customer without a water meter who has been assessed
three or more penalty fees within a one year period may be required
to install a water meter upon the premises and the customer shall
be required to pay the reasonable cost of the water meter and its
installation.
(f)
Failure of any water service customer to pay the penalty fees imposed
as provided herein or to pay for the cost of a water meter and its
installation as required shall be grounds to discontinue water service
until compliance is obtained.
(g)
The city council does hereby designate the water supervisor, any maintenance worker assigned to the water division of the Oakdale Public Works Department, and any water conservation officers appointed by the director of public works as the persons authorized to investigate violations and to serve any notices required by the provisions of this Article VI.
