This chapter may be cited as the Water Conservation and Drought
Mitigation Ordinance.
(Ord. 2413 § 2, 1991; Ord. 5311 § 2, 2014)
A.
Purpose.
The purpose of this chapter is to ensure compliance with all federal,
state and local requirements relating to water conservation and drought
mitigation for the protection of public health, safety and welfare
by:
1.
Reducing
the per capita water consumption throughout the City of Roseville
(the "city") during years of normal precipitation and during years
of drought;
2.
Protecting
and conserving the city's supply of water during specified times of
emergency and/or crisis;
3.
Minimizing
and/or eliminating the waste of water through voluntary compliance
or punitive action, if necessary;
4.
Promoting
the use of drip irrigation and other low volume irrigation methods
that reduce outdoor water use by applying water more efficiently than
traditional irrigation methods;
5.
No
person shall use, or cause to be used, any city water for landscape
irrigation between the hours of 10:00 a.m. and 8:00 p.m., unless the
city manager, or designee provides prior written consent to a different
time limitation. A waiver may be granted for turf areas if the landscape
contains too many irrigation valves to complete an irrigation event
within the watering window.
6.
Upon city declaration of a water shortage, the city manager, or designee, may impose revised and/or additional limitations on outdoor water use, as specified in Section 14.09.040, and no person shall use, or cause to be used, city water in violation of such limitations while the water shortage remains in effect.
B.
Scope.
The provisions of this chapter shall apply to all customers, users
and/or recipients (hereinafter "users") of the city's potable and
recycled water service within the city's territorial limits.
C.
Administration
and Enforcement. The city manager, or designee, including, but not
limited to, an enforcement officer as defined herein, shall administer,
implement, and enforce the provisions of this chapter. For purposes
of this chapter an "enforcement officer" means any city employee or
agent of the city with the authority to enforce any provision of this
chapter and the authority to make any decision on behalf of the city
manager required or called for by this chapter.
D.
Compliance.
All provisions of this chapter are subject to the compliance procedures
set forth in this chapter unless otherwise expressly stated herein.
E.
Notification.
The city manager, or designee, shall determine the means by which
the city shall notify its water users of drought stage determinations
and any applicable upgrade or downgrade of such determinations or
restrictions. Notification may be achieved through mass media, newspaper,
public notice, mailings, utility billings or by any combination of
such notice, or by other means as determined by the city manager,
or designee.
(Ord. 2413 § 2, 1991; Ord. 4629 § 1, 2008; Ord. 5311 § 2, 2014; Ord. 5491 § 1, 2015)
Any of the following acts or omissions, whether willful or negligent,
shall constitute the waste of water:
A.
Causing
or permitting water to leak, discharge, flow or run to waste into
any gutter, sanitary sewer, watercourse or public or private storm
drain, or to any adjacent property, from any tap, hose, faucet, pipe,
sprinkler, pond, pool, waterway, fountain or nozzle. In the case of
irrigation, "discharge," "flow" or "run to waste" means that the earth
intended to be irrigated has been saturated with water to the point
that excess water flows over or through the earth to waste. In the
case of washing, "discharge," "flow" or "run to waste" means that
water in excess of that necessary to wash, wet or clean the dirty
or dusty object, such as an automobile, sidewalk, or parking area,
flows to waste.
B.
Allowing
water fixtures (including, but not limited to, toilets, faucets, shower
heads) or heating or cooling devices to leak or run to waste.
C.
Maintaining
ponds, waterways, decorative basins or swimming pools without water
recirculation devices.
D.
Backwashing
so as to discharge to waste swimming pools, decorative basins or ponds
in excess of the frequency necessary to ensure the healthful condition
of the water or in excess of that required by standards for professionally
administered maintenance or to address structural considerations,
as determined by the city manager, or designee.
E.
Operation
of an irrigation system that applies water to an impervious surface
or that is in disrepair.
F.
Use
of a water hose not equipped with a control nozzle capable of completely
shutting off the flow of water except when positive pressure is applied.
G.
Irrigation
of landscaping during rainfall or 48 hours after a measurable rain
event. A measurable rain event is the equivalent of ¼ inch
of rain in an hour.
H.
Overfilling
of any pond, pool or fountain which results in water discharging to
waste.
(Ord. 2413 § 2, 1991; Ord. 3834 § 3, 2002; Ord. 4629 § 1, 2008; Ord. 5311 § 2, 2014; Ord.
5491 § 2, 2015; Ord. 6500 § 3, 2022)
The following water conservation and drought stages are hereby
established:
A.
Basic
Water Conservation Stage ("Basic Stage"). The basic stage shall exist
when the city's water supply is adequate to meet all projected demands
as determined by the city manager, or designee.
B.
Stage One Drought. A stage one drought shall exist when the city's water supply is adequate to meet 90 percent of projected demands as determined by the city manager, or designee. An objective of a stage one drought condition is to reduce water usage up to 10 percent. Water shortage surcharges shall be implemented as set forth in Section 14.08.095.
C.
Stage Two Drought. A stage two drought shall exist when the city's water supply is adequate to meet 80 percent of projected demands as determined by the city manager, or designee. An objective of a stage two drought condition is to reduce water usage up to 20 percent. Water shortage surcharges and excess water use charges shall be implemented as set forth in Section 14.08.095.
D.
Stage Three Drought. A stage three drought shall exist when the city's water supply is adequate to meet 70 percent of projected demands as determined by the city manager or designee. An objective of a stage three drought condition is to reduce water usage up to 30 percent. Water shortage surcharges and excess water use charges shall be implemented as set forth in Section 14.08.095.
E.
Stage Four Drought. A stage four drought shall exist when the city's water supply is adequate to meet 60 percent of projected demands as determined by the city manager or designee. An objective of a stage four drought condition is to reduce water usage up to 40 percent. Water shortage surcharges and excess water use charges shall be implemented as set forth in Section 14.08.095.
F.
Stage Five Drought. A stage five drought shall exist when the city's water supply is adequate to meet 50 percent or less of projected demands as determined by the city manager, or designee. An objective of a stage five drought condition is to reduce water usage up to 50 percent. Water shortage surcharges and excess water use charges shall be implemented as set forth in Section 14.08.095.
(Ord. 2413 § 2, 1991; Ord. 4629 § 1, 2008; Ord. 4724 § 3, 2009; Ord. 5311 § 2, 2014; Ord.
5491 § 3, 2015)
While the city routinely pumps relatively small volumes of groundwater
during all water year types for maintenance purposes, the city may
use groundwater as an alternate source of water supply to aid in meeting
demands associated with dry periods, peak demands, or due to surface
water supply curtailments. The city may also use groundwater as an
alternate source of water supply to achieve obligations associated
with the Sacramento Water Forum, American River flow standards, or
when participating in groundwater banking to achieve California Water
Code obligations under the Sustainable Groundwater Management Act
or to be consistent with other regional or statewide objectives.
(Ord. 2413 § 2, 1991; Ord. 4629 § 1, 2008; Ord. 5311 § 2, 2014; Ord. 6500 § 4, 2022)
During the basic water conservation stage, the following restrictions
shall be in force:
Water shall be used for beneficial purposes only; all unnecessary and wasteful uses (as defined in Section 14.09.030) of water are prohibited.
A.
Water
shall be confined to the user's property and shall not be allowed
to run off to adjoining properties, or to the roadside or to the gutter.
Care shall be taken not to water past the point of saturation.
B.
Free-flowing
hoses for all uses are prohibited. Automatic shut-off devices shall
be attached on any hose or filling apparatus in use.
C.
All
leaks (including irrigation systems, pipes, fixtures, pools, ponds,
fountains and waterways) shall be repaired within five calendar days
or less if warranted by the severity of the problem as determined
in the discretion of the city manager, or designee.
D.
All pools, spas, and ornamental fountains/ponds shall be equipped with a recirculation pump and shall be constructed to be leak-proof. Pool draining and refilling shall be allowed only to the extent required for health, maintenance, or structural considerations, and must otherwise comply with all applicable federal, state and local stormwater management program requirements, including, but not limited to, the urban stormwater quality management and discharge control ordinance set forth in Chapter 14.20 of Title 14 of the City of Roseville Municipal Code.
E.
Landscaping.
1.
All
landscaping installed in the City of Roseville shall comply with the
water efficient landscape requirements adopted by resolution of the
city council.
2.
Irrigation
of new landscaping shall be allowed on any day of the week for a period
of 30 days after the new landscaping is planted, unless the city manager,
or designee, provides prior written consent to extend this time period
based on plant type and the season when the new landscaping is planted.
After the 30 days, irrigation days and run times should be decreased
to settings appropriate for an established landscape.
3.
Upon city declaration of a water shortage, the city manager or designee may impose revised and/or additional limitations on the irrigation of new landscaping, as specified in Sections 14.09.060 through 14.09.100, and no person shall use, or cause to be used, city water in violation of such limitations while the water shortage remains in effect. A waiver may be granted to irrigate during an establishment period for actively used turf areas and/or sports fields or as approved by the city manager or designee. Allowance shall also be made for irrigation testing and repairs.
F.
All
site reviews shall include an evaluation of using recycled water.
Recycled water shall be required if economically feasible.
(Ord. 2413 § 2, 1991; Ord. 2762 § 1, 1993; Ord. 4629 § 1, 2008; Ord. 5311 § 2, 2014; Ord.
5491 § 4, 2015; Ord. 6500 § 5, 2022)
During a stage one drought, the following restrictions may be required, as determined by the city manager and upon notification pursuant to Section 14.09.020(E):
B.
Residential
users and nonresidential users shall reduce water usage up to 10 percent.
C.
Residential
water users shall be permitted to irrigate with city water on the
following schedule, unless the city manager, or designee, provides
prior written consent to a different irrigation pattern:
1.
1st
day of November – last day of February: up to one day per week
irrigation on Monday of each week, if needed.
2.
1st
day of March – last day of April and 1st day of September –
last day of October: up to two days per week irrigation on Monday
and Friday of each week, if needed.
3.
1st
day of May – last day of August: up to three days per week irrigation
on Monday, Wednesday and Friday of each week, if needed.
D.
Nonresidential
water users (including, without limitation, commercial, industrial,
church, cemeteries, and publicly owned users) shall be permitted to
irrigate with city water on the following schedule, unless the city
manager, or designee, provides prior written consent to a different
irrigation pattern:
1.
1st
day of November – last day of February: up to one day per week
irrigation on Tuesday of each week, if needed.
2.
1st
day of March – last day of April and 1st day of September –
last day of October: up to two days per week irrigation on Tuesday
and Thursday of each week, if needed.
3.
1st
day of May – last day of August: up to three days per week irrigation
on Tuesday, Thursday and Saturday of each week, if needed.
E.
The limitations specified in subsections C and D shall not apply to a properly functioning low volume landscape irrigation system, the irrigation on container plants, or to the irrigation of new landscaping that is subject to the provisions of Section 14.09.060(E). Low volume irrigation means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as point source drip and in-line drip lines or soaker hose. These systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
F.
References
in this section to any day of the week shall mean the period beginning
at 12:00 a.m. on that day and ending 24 hours later.
G.
City
park sites shall, as an aggregate, reduce usage up to 10 percent.
H.
Washing
streets, parking lots, driveways, sidewalks or buildings, except as
necessary for health or sanitary purposes or pursuant to a term or
condition in a permit issued by a state or federal agency, is prohibited.
I.
Water
shall not be served at restaurants except by request.
(Ord. 2413 § 2, 1991; Ord. 2636 § 1, 1992; Ord. 2817 § 1, 1994; Ord. 4629 § 1, 2008; Ord.
4724 § 3, 2009; Ord. 5311 § 2, 2014; Ord. 5491 §
5, 2015; Ord. 6500 § 6, 2022)
During a stage two drought, the following restrictions may be required, as determined by the city manager and upon notification pursuant to Section 14.09.020(E):
B.
Residential
users and nonresidential landscapes shall reduce water usage up to
20 percent.
C.
City
park sites shall, as an aggregate, reduce usage up to 20 percent.
D.
Residential
water users shall be permitted to irrigate with city water on the
following schedule, unless the city manager, or designee, provides
prior written consent to a different irrigation pattern:
1.
1st
day of November – last day of February: up to one day per week
irrigation on Monday of each week, if needed.
2.
1st
day of March – last day of April and 1st day of September –
last day of October: up to two days per week irrigation on Monday
and Friday of each week, if needed.
3.
1st
day of May – last day of August: up to three days per week irrigation
on Monday, Wednesday and Friday of each week, if needed.
E.
Nonresidential
water users (including, without limitation, commercial, industrial,
church, cemeteries, and publicly owned users) shall be permitted to
irrigate with city water on the following schedule, unless the city
manager, or designee, provides prior written consent to the Environmental
Utilities-Water Efficiency Section for a different irrigation pattern:
1.
1st
day of November – last day of February: up to one day per week
irrigation on Tuesday of each week, if needed.
2.
1st
day of March – last day of April and 1st day of September –
last day of October: up to two days per week irrigation on Tuesday
and Thursday of each week, if needed.
3.
1st
day of May – last day of August: up to three days per week irrigation
on Tuesday, Thursday and Saturday of each week, if needed.
F.
The limitations specified in subsections D and E shall not apply to a properly functioning low volume landscape irrigation system, the irrigation on container plants, or to the irrigation of new landscaping that is subject to the provisions of Section 14.09.060(E). Low volume irrigation means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as point source drip and in-line drip lines or soaker hose. These systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
G.
References
in this section to any day of the week shall mean the period beginning
at 12:00 a.m. on that day and ending 24 hours later.
H.
Washing
of vehicles or boats is prohibited except:
1.
When
using a hose that is equipped with a control nozzle capable of completely
shutting off the flow of water except when positive action or pressure
to maintain the flow of water is applied; or
2.
When
washed in either an automatic or manual commercial car wash that recirculates
its water and uses high pressure/low volume wash systems.
3.
Temporary car washes, held for fundraising purposes, are encouraged to partner with an automatic commercial car wash that recirculates its water and uses high pressure/low volume wash systems. If run independently, the participants must use a hose nozzle that completely shuts off the flow of water when not in use and must comply with all applicable federal, state and local stormwater management program requirements, including, but not limited to, the urban stormwater quality management and discharge control ordinance set forth in Chapter 14.20 of Title 14 of the City of Roseville Municipal Code.
(Ord. 2611 § 1, 1992; Ord. 4629 § 1, 2008; Ord. 4724 § 3, 2009; Ord. 5311 § 2, 2014; Ord.
5491 § 6, 2015; Ord. 6500 § 7, 2022)
During a stage three drought, the following restrictions may be required, as determined by the city manager and upon notification pursuant to Section 14.09.020(E):
B.
Residential
users and nonresidential landscapes are to reduce water usage up to
30 percent.
C.
City
park sites shall, as an aggregate, reduce usage up to 30 percent.
D.
Residential
water users shall be permitted to irrigate with city water on the
following schedule, unless the city manager, or designee, provides
prior written consent to a different irrigation pattern:
E.
Nonresidential
water users (including, without limitation, commercial, industrial,
church, cemeteries, and publicly owned users) shall be permitted to
irrigate with city water on the following schedule, unless the city
manager, or designee, provides prior written consent to a different
irrigation pattern:
F.
The limitations specified in subsections D and E shall not apply to a properly functioning low volume landscape irrigation system, the irrigation on container plants, or to the irrigation of new landscaping that is subject to the provisions of Section 14.09.060(E). Low volume irrigation means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as point source drip and in-line drip lines or soaker hose. These systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
G.
References
in this section to any day of the week shall mean the period beginning
at 12:00 a.m. on that day and ending 24 hours later.
H.
New
or expanded landscaping is limited to drought-tolerant trees, shrubs,
and ground-cover and be irrigated using a low volume irrigation system.
No new turf shall be planted, hydroseeded, or laid, unless prior written
consent is received from the city manager or designee. Low volume
irrigation means the application of irrigation water at low pressure
through a system of tubing or lateral lines and low-volume emitters
such as point source drip and in-line drip lines or soaker hose. These
systems are specifically designed to apply small volumes of water
slowly at or near the root zone of plants.
I.
Except
where recycled water is used, golf courses shall reduce irrigation
up to 30 percent.
J.
All
decorative fountains, decorative (i.e., nonswimming) pools, and decorative
waterways shall be shut off. Such fountains, pools, and waterways
shall not be refilled until the city has returned to the basic water
conservation stage unless for preventative maintenance. Fountains,
ponds or pools that are filled with recycled water are not subject
to this provision. Decorative ponds that contain fish as a feature
shall be exempt from this restriction as long as the system is maintained
in good working order with measures taken to reduce the volume of
makeup water required for evaporative losses.
K.
Except
where recycled or other non-potable water is used or as otherwise
provided in this subsection, use of water for dust control is prohibited.
Dust control shall be augmented by hardened, temporary travel routes
with materials that are accepted by the city manager, city engineer,
or designee. Potable water is allowed for construction water only
where and to the extent required for public health and safety reasons.
L.
New swimming pools and spas may be filled after construction using customer's metered water at then existing water rates. All new pools must include a means for minimizing evaporative loss, such as a pool cover, at time of final inspection by the city. After being filled with water for the first time, all pools and spas shall be subject to the requirements of Section 14.09.060(D).
M.
Water shortage surcharges and excess water use charges shall be implemented as set forth in Section 14.08.095.
N.
Automobiles
or equipment shall be washed only at commercial establishments that
recycle their water or by equipment and means that separates debris
and revives wash water for continual use.
(Ord. 2413 § 2, 1991; Ord. 4629 § 1, 2008; Ord. 4724 § 3, 2009; Ord. 5311 § 2, 2014; Ord.
5491 § 7, 2015; Ord. 6500 § 8, 2022)
During a stage four drought, the following restrictions may be required, as determined by the city manager and upon notification pursuant to Section 14.09.020(E):
B.
Residential
customers and nonresidential landscapes are to reduce water usage
up to 40 percent.
C.
City
park sites shall, as an aggregate, reduce usage up to 40 percent.
D.
Residential
water users shall be permitted to irrigate with city water on the
following schedule, unless the city manager, or designee, provides
prior written consent to a different irrigation pattern:
E.
Nonresidential
water users (including, without limitation, commercial, industrial,
church, cemeteries, and publicly owned users) shall be permitted to
irrigate with city water on the following schedule, unless the city
manager, or designee, provides prior written consent to a different
irrigation pattern:
F.
The limitations specified in subsections D and E shall not apply to a properly functioning low volume landscape irrigation system, the irrigation on container plants, trees or to the irrigation of new landscaping that is subject to the provisions of Section 14.09.060(E). Low volume irrigation means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as point source drip and in-line drip lines or soaker hose. These systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
G.
References
in this section to any day of the week shall mean the period beginning
at 12:00 a.m. on that day and ending 24 hours later.
H.
Installation
of any new landscaping is prohibited unless irrigation is provided
through connection to an active recycled water system. In the case
of new construction, the city's building official will issue a temporary
final upon completion of the structural development of the property.
When the city has returned to a stage two drought restriction, landscaping
installation can be completed and a building final will become available
upon inspection by the city.
I.
Except
where recycled water is used, golf courses shall reduce irrigation
up to 40 percent.
J.
Automobiles
or equipment shall be washed only at commercial establishments that
recycle their water or by equipment and means that separates debris
and recycles wash water for continual use.
K.
Existing
pools shall not be emptied and refilled using city water unless required
for health or safety reasons until the city has returned to a stage
two drought restriction. Pools may be refilled only to the extent
necessary to replace evaporative losses.
L.
No
commitments shall be made to provide water service as part of any
new land use entitlement (general plan, specific plan or amendments
requesting new water allocations) until the city has returned to a
stage two drought restriction. Currently approved specific plans with
accompanying development agreements and projects or properties that
have received water allocations in advance of full entitlements may
be issued building permits so long as they comply with the remainder
of this chapter.
(Ord. 2413 § 2, 1991; Ord. 4629 § 1, 2008; Ord. 4724 § 3, 2009; Ord. 5311 § 2, 2014; Ord.
5491 § 8, 2015; Ord. 6500 § 9, 2022)
During a stage five drought, the following restrictions may be required, as determined by the city manager and upon notification pursuant to Section 14.09.020(E):
B.
Residential
customers and nonresidential landscapes are to reduce water usage
up to 50 percent.
C.
Except
where recycled water is used, water users shall reduce landscape irrigation
as follows:
1.
Turf
shall not be irrigated.
2.
Trees
and shrubs may be irrigated with a properly functioning low volume
landscape irrigation system or by use of a handheld hose equipped
with a nozzle capable of completely shutting off the flow of water
except when positive action or pressure to maintain the flow of water
is applied. Low volume irrigation means the application of irrigation
water at low pressure through a system of tubing or lateral lines
and low-volume emitters such as point source drip and in-line drip
lines or soaker hose. These systems are specifically designed to apply
small volumes of water slowly at or near the root zone of plants.
D.
Filling
new or existing swimming pools and spas with city water is prohibited.
(Ord. 2413 § 2, 1991; Ord. 4629 § 1, 2008; Ord. 4724 § 3, 2009; Ord. 5311 § 2, 2014; Ord.
5491 § 9, 2015; Ord. 6500 § 10, 2022)
Where this chapter permits or prohibits acts based upon whether
or not a planting, tree, shrub, or groundcover is "drought tolerant"
the determination shall be made based upon Sunset's Western
Garden Book (most recent edition), or UC Davis Arboretum's
"All Stars" plant database (www.arboretum.ucdavis.edu). Where this chapter permits or prohibits acts based upon whether
a form of irrigation is "low volume drip irrigation" the determination
shall be made by the director, or designee, whose determination shall
be final.
(Ord. 2413 § 2, 1991; Ord. 4629 § 1, 2008; Ord. 5311 § 2, 2014; Ord. 6500 § 11, 2022)
Whenever this chapter requires a reduction in consumption of
water for irrigation purposes, the base year for measurement shall
be the last year that the basic water conservation stage was in effect
or a date specified by the Governor or state agency. If that data
is not available for a property, allocations will be based on water
use for similar properties. The city manager or designee may elect
to base a reduction on the base year or on a landscape water consumption
calculation if use was, in the city manager's or designee's, sole
opinion, either excessive or extraordinarily low. For landscaping
installed subsequent to the base year, the calculations shall be based
on landscape water consumption calculations submitted with the landscape
plan, or water consumption the previous year, whichever is less.
(Ord. 2413 § 2, 1991; Ord. 2817 § 1, 1994; Ord. 4629 § 1, 2008; Ord. 5311 § 2, 2014; Ord.
5491 § 10, 2015)
It is unlawful for any user and/or person to violate any provision
or fail to comply with any of the requirements of this chapter. Causing,
permitting, aiding, abetting or concealing a violation of any provision
of this chapter shall constitute a violation of this chapter. A violation
of the provisions of this chapter shall occur irrespective of the
negligence or intent of the violator and a violation of or failure
to comply with any of the requirements of this chapter may be charged
as either an infraction or a misdemeanor in the discretion of the
city attorney.
(Ord. 2413 § 2, 1991; Ord. 3834 § 3, 2002; Ord. 4629 § 1, 2008; Ord. 5311 § 2, 2014)
A.
Whenever the city manager, or designee (including, but not limited to, an enforcement officer), determines that a user and/or person has violated any provision of, or failed to meet a requirement of, this chapter, an administrative citation pursuant to Chapter 2.50 or a written compliance order pursuant to Chapter 2.52 may be issued to any user and/or person responsible for the violation.
B.
Any
compliance order issued may require without limitation any or all
of the following:
1.
The
allocation of a particular amount of water to a given user and/or
person responsible for the violation;
2.
The
issuance of a fine;
3.
The
installation of a flow restriction device;
4.
The
performance of monitoring, analyses, and reporting;
5.
That
violations shall cease and desist; and/or
6.
The
discontinuation of water service.
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The compliance order shall set forth a deadline within which
the requirements of the compliance order must be completed. Said compliance
order shall further advise that, should the violator fail to comply
with the compliance order within the established deadline, a hearing
on the compliance order shall be set.
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(Ord. 2413 § 2, 1991; Ord. 2817 § 1, 1994; Ord. 3034 § 3, 2002; Ord. 4629 § 1, 2008; Ord.
5311 § 2, 2014; Ord. 5491 § 11, 2015)
If full compliance is not achieved within the time specified in the compliance order, a hearing on the compliance order shall be set pursuant to Chapter 2.52. All penalties and remedies authorized by Chapter 2.52 shall apply to violations of this chapter.
(Ord. 2413 § 2, 1991; Ord. 4629 § 1, 2008; Ord. 5311 § 2, 2014)
Any user and/or person receiving a compliance order under Section 14.09.150 may appeal the determination of the director, or designee, to a hearing panel drawn from the membership of the board of appeals. The notice of appeal must be received by the city's environmental utilities department within 10 days from the date of the compliance order. Notice of hearing and hearing on the appeal will be conducted pursuant to the requirements of Chapter 2.52.
(Ord. 2413 § 2, 1991; Ord. 4629 § 1, 2008; Ord. 5311 § 2, 2014)
Any user and/or person that violates any provision of this chapter
shall be guilty of a separate offense for each and every day during
any portion of which any such user and/or person commits, continues,
permits, or causes a violation thereof, and shall be punished accordingly.
(Ord. 2413 § 2, 1991; Ord. 4629 § 1, 2008; Ord. 5311 § 2, 2014)
In addition to the enforcement processes and penalties hereinbefore
provided, any condition caused or permitted to exist in violation
of any of the provisions of this chapter is a threat to public health,
safety, and welfare, and is declared and deemed a nuisance, and may
be summarily abated or restored by the city at the violator's expense,
and/or a civil action to abate, enjoin, or otherwise compel the cessation
of such nuisance may be initiated and/or taken by the city.
(Ord. 2413 § 2, 1991; Ord. 4629 § 1, 2008; Ord. 5311 § 2, 2014)
Remedies under this chapter are in addition to and do not supersede
or limit any and all other remedies, civil or criminal. The remedies
provided for herein shall be cumulative and not exclusive.
(Ord. 4629 § 2, 2008; Ord. 5311 § 2, 2014)
Any decision of the hearing panel shall be final. Any user and/or
person aggrieved by an order of the hearing panel may obtain review
of the order in the Superior Court by filing with the Court a petition
for writ of mandate within 90 days pursuant to California Code of
Civil Procedure Section 1094.6.
(Ord. 4629 § 2, 2008; Ord. 5311 § 2, 2014)
The provisions of this chapter are severable. The city council
declares that it would have adopted the remainder of this chapter
even if any of its provisions are declared unlawful or unenforceable.
(Ord. 4629 § 2, 2008.; Ord. 5311 § 2, 2014)
