(a)
No person shall knowingly or intentionally allow the use of water
from the city for residential, commercial, industrial, agricultural,
governmental, or any other purposes in a manner contrary to any provision
of the drought contingency plan or water conservation plan, or in
an amount in excess of that permitted by the drought response stage
in effect at the time pursuant to action taken by the city administrator,
or designee, in accordance with provisions of the drought contingency
plan or water conservation plan.
(b)
Any person, firm or corporation violating any of the provisions contained
in the water conservation plan and/or drought contingency plan shall
be deemed guilty of a misdemeanor and, upon conviction in the municipal
court, shall be punished by a fine not to exceed the sum of $500.00
for each offense, and each and every day said violation continues
shall constitute a separate offense.
(c)
Each day that one or more of the provisions in the plans is violated
shall constitute a separate offense. If a person is convicted of two
or more distinct violations of this plan, upon due notice to the customer,
the city may: (1) install a flow restrictor in the line to limit the
amount of water that will pass through the meter in a 24-hour period;
or (2) discontinue water served to the premises. Services discontinued
under such circumstances shall be restored only upon payment of a
re-connection charge and any other costs incurred by the city in discontinuing
service. In addition, suitable assurance must be given to the city
administrator, or designee, that the same action will not be repeated
while the plans are in effect. Compliance with the plans may also
be sought through injunctive relief in the district court.
(d)
Any person, including a person classified as a water customer of
the city, in apparent control of the property where a violation occurs
or originates shall be presumed to be the violator, and proof that
the violation occurred on the person’s property shall constitute
a rebuttable presumption that the person in apparent control of the
property committed the violation, but any such person shall have the
right to show that he/she did not commit the violation.
(Ordinance 2019-1089 adopted 9/3/19)
(a)
The city administrator, or his/her designee, may, in writing, grant
a temporary variance for existing water uses otherwise prohibited
under the drought contingency plan and/or water conservation plan
(plans) if it is determined that failure to grant such variance would
cause an emergency condition adversely affecting the health, safety,
welfare, or fire protection for the public or the person requesting
such variance and if one or more of the following conditions are met:
(1)
Compliance with the plans cannot be technically accomplished during
the duration of the water supply shortage or other condition for which
the plans are in effect.
(2)
Alternative methods can be implemented which will achieve the same
level of reduction in water use.
(3)
Granting of a variance must not cause an immediate significant reduction
in the city’s water supply.
(4)
The health, safety, or welfare of other persons will not be adversely
affected by granting of the variance.
(5)
The applicant must demonstrate that the extreme hardship or need
is related to the health, safety, or welfare of the person requesting
it.
(6)
All variances are only in effect during the drought plan stage for
which the variance was issued.
(b)
Persons requesting an exemption from the provisions of this article
shall file a petition for variance with the city within five days
after the plan or a particular drought response stage has been invoked.
All petitions for variances shall be reviewed by the city administrator,
or his/her designee, and shall include the following:
(1)
Name and address of the petitioner(s).
(2)
Purpose of water use.
(3)
Specific provision(s) of the plan from which the petitioner is requesting
relief.
(4)
Detailed statement as to how the specific provision of the plan adversely
affects the petitioner or what damage or harm will occur to the petitioner
or others if petitioner complies with this article.
(5)
Description of the relief requested.
(6)
Period of time for which the variance is sought.
(7)
Alternative water use restrictions or other measures the petitioner
is taking or proposes to take to meet the intent of this plan and
the compliance date.
(8)
Other pertinent information.
(c)
Variances granted by the city shall be subject to the following conditions,
unless waived or modified by the city administrator, or his/her designee:
(d)
No variance shall be retroactive or otherwise justify any violation
of this plan occurring prior to the issuance of the variance.
(e)
The city administrator, or designee, may revoke a variance granted
when he/she determines that the conditions are not being met or are
no longer applicable.
(Ordinance 2019-1089 adopted 9/3/19)
It is hereby declared to be the intention of the city that the
sections, paragraphs, sentences, clauses, and phrases of this article
are severable and, if any phrase, clause, sentence, paragraph, or
section shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, and sections.
(Ordinance 2019-1089 adopted 9/3/19)
