This chapter will be known as the City of Buena Park Water Conservation and Water Supply Shortage Program.
(Ord. 1533 § 2, 2009)
A.
A reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of the southern California region.
B.
Southern California is a semi-arid region and is largely dependent upon imported water supplies. A growing population, climate, environmental concerns, and other factors in other parts of the state and western United States, make the region highly susceptible to water supply reliability issues.
C.
Careful water management that includes active water conservation measures not only in times of drought, but at all times, is essential to ensure a reliable minimum supply of water to meet current and future water supply needs.
E.
Article X, Section 2 of the California Constitution declares that the general welfare requires that water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof.
F.
California Water Code Section 375 authorizes water suppliers to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies.
G.
The adoption and enforcement of a water conservation and supply shortage program is necessary to manage the city's potable water supply in the short and long-term and to avoid or minimize the effects of drought and shortage within the city. Such program is essential to ensure a reliable and sustainable minimum supply of water for the public health, safety and welfare.
(Ord. 1533 § 2, 2009)
A.
The purpose of this chapter is to establish a water conservation and supply shortage program that will reduce water consumption within the city through conservation, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and maximize the efficient use of water within the city to avoid and minimize the effect and hardship of water shortage to the greatest extent possible.
B.
This chapter establishes permanent water conservation standards intended to alter behavior related to water use efficiency for non-shortage conditions and further establishes three phases of water supply shortage response actions to be implemented during times of declared water shortage or declared water shortage emergency, with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies.
(Ord. 1533 § 2, 2009)
The following words and phrases whenever used in this chapter have the meaning defined in this section:
means the unit of water used to apply water rates for purposes of calculating water charges for a persons water usage and equals one thousand gallons of water.
means the city of Buena Park
means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system.
means a lawn, landscape, or other vegetated area, or combination thereof, equal to more than one acre of irrigable land.
means any natural person or persons, corporation, public or private entity, governmental agency or institution, or any other user of water provided by the city.
means water which is suitable for drinking.
means the reclamation and reuse of non-potable water for beneficial use.
means equipment where water is circulated only once to cool equipment before being disposed.
(Ord. 1533 § 2, 2009)
A.
The provisions of this chapter apply to any person in the use of any potable water provided by the city.
B.
The provisions of this chapter do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services.
C.
The provisions of this chapter do not apply to the use of recycled water, except as otherwise expressly provided herein.
D.
The provisions of this chapter do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale.
E.
This chapter is intended solely to further the conservation of water. It is not intended to implement any provision of federal, state, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff. Refer to the local jurisdiction or Regional Water Quality Control Board for information on any stormwater ordinances and stormwater management plans.
(Ord. 1533 § 2, 2009)
The following water conservation requirements are effective at all times and are permanent. Violations of this section will be considered waste and an unreasonable use of water.
A.
Limits on Watering Hours. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of ten a.m. and four p.m. Pacific Standard Time on any day, except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.
B.
Limit on Watering Duration. Watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended is limited to no more than fifteen minutes watering per day per station. This subsection does not apply to landscape irrigation systems that exclusively use very low-flow drip type irrigation systems when no emitter produces more than two gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a seventy percent efficiency standard.
C.
No Excessive Water Flow or Runoff. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited.
D.
No Washing Down Hard or Paved Surfaces. Washing down hard or paved surfaces, including, but not limited to, sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device or a low-volume, high-pressure cleaning machine equipped to recycle any water used.
E.
Obligation to Fix Leaks, Breaks or Malfunctions. Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected and in no event more than five days of receiving notice form the city, is prohibited.
F.
Recirculating Water Required for Water Fountains and Decorative Water Features. Operating a water fountain or other decorative water feature that does not use recirculated water is prohibited unless a waiver has been obtained.
G.
Limits on Washing Vehicles. Using water to wash or clean a vehicle, including, but not limited to, any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is prohibited, except by use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing water shut-off nozzle or device. This subsection does not apply to any commercial car washing facility.
H.
Drinking Water Served Upon Request Only. Eating or drinking establishments, including, but not limited to, a restaurant, hotel, café, cafeteria, bar, club or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested.
I.
Commercial Lodging Establishments Must Provide Option to Not Launder Linen Daily. Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language.
J.
No Installation of Single Pass Cooling Systems. Installation of single pass cooling systems is prohibited in buildings requesting new water service.
K.
No Installation of Nonrecirculating in Commercial Car Wash and Laundry Systems. Installation of nonrecirculating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems.
L.
Restaurants Required to Use Water Conserving Dish Wash Spray Valves. Food preparation establishments, such as restaurants or cafés, are prohibited from using non-water conserving dish wash spray valves.
M.
Commercial Car Wash Systems. Effective on January 1, 2011, all new commercial conveyor car wash systems must have installed operational recirculating water systems, or must have secured a waiver of this requirement from the city.
(Ord. 1533 § 2, 2009)
A.
A phase 1 water supply shortage condition exists when the city notifies its water users that due to drought or other supply reductions, a consumer demand reduction of up to ten percent is necessary to make more efficient use of water and respond to existing water conditions. Upon the declaration of a Phase 1 water supply shortage condition, the city shall implement the mandatory Phase 1 conservation measures identified in this chapter. The type of event that may prompt the city to declare a Phase 1 water supply shortage may include, among other factors, a finding that its wholesale water provider calls for extraordinary water conservation.
B.
Additional Water Conservation Measures. In addition to the prohibited uses of water identified in Section 13.28.060, the following water conservation requirements apply during a declared phase 1 water supply shortage:
1.
Limits on Watering Days. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to three days per week on a schedule established and posted by the city. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the city. This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.
2.
Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within seventy-two hours of notification by the city unless other arrangements are made with the city.
3.
Other Prohibited Uses. The city may implement other prohibited water uses as determined by the city, after notice to customers.
(Ord. 1533 § 2, 2009)
A.
A phase 2 water supply shortage condition exists when the city notifies its water users that due to drought or other supply reductions, a consumer demand reduction of up to twenty percent is necessary to make more efficient use of water and respond to existing water conditions. Upon declaration of a Phase 2 water supply shortage condition, the city shall implement the mandatory phase 2 conservation measures identified in this chapter.
B.
Additional Conservation Measures. In addition to the prohibited uses of water identified in Sections 13.28.060 and 13.28.070, the following additional water conservation requirements apply during a declared phase 2 water supply shortage:
1.
Water Allocations. The city will establish a water allocation for property served by the city using a method that does not penalize persons for the implementation of conservation methods or the installation of water saving devices. The city must provide notice of the allocation by including it in the regular billing statement for the fee or charge or by any other mailing to the address to which the city customarily mails the billing statement for fees or charges for on-going water service.
Following the effective date of the water allocation as established by the city, any person that uses water in excess of the allocation will be subject to a penalty in the amount up to ten dollars for each billing unit of water in excess of the allocation. The penalty for excess water usage will be cumulative to any other remedy or penalty that may be imposed for violation of this chapter.
2.
Watering Days. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to two days per week on a schedule established and posted by the city. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the city. This provision does not apply to landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the city. This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.
3.
Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within forty-eight hours of notification by the city unless other arrangements are made with the city.
4.
Limits on Filling Ornamental Lakes or Ponds. Filling or refilling ornamental lakes or ponds is prohibited, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to declaration of a supply shortage phase under this chapter.
5.
Limits on Washing Vehicles. Using water to wash or clean a vehicle, including but not limited to, any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, is prohibited except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, by high pressure/low volume wash systems, or at a commercial car washing facility that utilizes a recirculating water system to capture or reuse water.
6.
Limits on Filling Residential Swimming Pools and Spas. Refilling of more than one foot and initial filling of uncovered residential swimming pools or uncovered outdoor spas with potable water is prohibited.
7.
Other Prohibited Uses. The city may implement other prohibitions on water uses as determined by the city, after notice to customers.
(Ord. 1533 § 2, 2009; Ord. 1592 § 1, 2015)
A.
A phase 3 water supply shortage emergency exists when the city declares a water shortage emergency condition pursuant to California Water Code Section 350 and notifies its residents and businesses that up to thirty percent consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The city must declare a water supply shortage emergency in the manner and on the grounds provided in California Water Code Section 350.
B.
Additional Conservation Measures. In addition to the prohibited uses of water identified in Sections 13.28.060, 13.28.070 and 13.28.080, the following water conservation requirements apply during a declared phase 3 water supply shortage emergency:
1.
The city may reduce water allocations in all categories to meet the available water supply.
2.
No Watering or Irrigating. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited, except as approved by the city.
3.
Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within twenty-four hours of notification by the city unless other arrangements are made with the city.
4.
No New Potable Water Service. Upon declaration of a phase 3 water supply shortage emergency condition, no new potable water service will be provided, no new temporary meters or permanent meters will be provided, and no statements of immediate ability to serve or provide potable water service (such as, will serve letters, certificates, or letters of availability) will be issued, except under the following circumstances:
a.
A valid, unexpired building permit has been issued for the project; or
b.
The project is necessary to protect public health, safety, and welfare; or
c.
The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the city.
This provision does not preclude the resetting or turn-on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of one year or less. |
5.
Discontinue or Limit Service. The city, in its sole discretion, may discontinue service, or otherwise limit service through the installation of a water flow restrictor device to customers who willfully violate provisions of this section.
6.
Other Prohibited Uses. The city may implement other prohibited water uses as determined by the city, after notice to customers.
(Ord. 1533 § 2, 2009)
A.
A phase 4 water supply shortage emergency exists when the city declares a water shortage emergency condition pursuant to California Water Code Section 350 and notifies its residents and businesses that more than a thirty percent and up to a fifty percent consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The city must declare a water supply shortage emergency in the manner and on the grounds provided in California Water Code Section 350.
(Ord. 1533 § 2, 2009)
A.
Declaration and Notification of Phase 1 and 2 Water Supply Shortage. The existence of phase 1 and phase 2 water supply shortage conditions may be declared by resolution of the city adopted at a regular or special public meeting held in accordance with state law. The mandatory conservation requirements applicable to phase 1 or phase 2 conditions will take effect on the tenth day after the date the shortage phase is declared. Within five days following the declaration of the shortage phase, the city must publish a copy of the resolution in a newspaper used for publication of official notices. If the city establishes a water allocation, it must provide notice of the allocation by including it in the regular billing statement or by any other mailing to the address to which the city customarily mails the billing statement for fees or charges for on-going water service. A water allocation will be effective on the fifth day following the date of mailing or at such later date as specified in the notice.
B.
Declaration and Notification of Phase 3 Water Supply Shortage. The existence of a phase 3 water supply shortage emergency condition may be declared in accordance with the procedures specified in Water Code Sections 351 and 352. The mandatory conservation requirements applicable to the phase 3 conditions will take effect on the tenth day after the date the shortage phase is declared. Within five days following the declaration of the shortage phase, the city must publish a copy of the resolution in a newspaper used for the publication of official notices. If the city establishes a water allocation, it will provide notice of the allocation by including it in the regular billing statement or by any other mailing to the address to which the city customarily mails the billing statement for fees or charges for ongoing water service. A water allocation will be effective on the fifth day following the date of mailing or at such later date as specified in the notice.
(Ord. 1533 § 2, 2009)
A.
Limits on Building Permits. the city may limit or withhold the issuance of building permits which require new or expanded water service, except to protect the public health, safety and welfare, or in cases which meet the city's adopted conservation offset requirements.
B.
Customer Water Conservation Reports. The city may, by written request, require all commercial, residential and industrial customers using twenty-five thousand or more billing units per year to submit a water conservation plan and to submit quarterly progress reports on such plan. The conservation plan must include recommendations for increased water savings, separation of uses including increased water recycling based on feasibility, and the reports must include progress to date on implementation of such recommendations.
C.
Reporting Mechanism—Hotline. The city may establish a water waste hotline for residents to report violations of this chapter.
(Ord. 1533 § 2, 2009)
A.
Undue and Disproportionate Hardship. If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property of classes of water users, then the person may apply for a waiver to the requirements as provided in this section.
B.
Written Finding. The waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user's property.
1.
Application. Application for a waiver must be on a form prescribed by the city and accompanied by a nonrefundable processing fee in an amount set by city council resolution.
2.
Supporting Documentation. The application must be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant.
3.
Required Findings for Waiver. An application for a waiver will be denied unless the city manager finds, based on the information provided in the application supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the city or its agent, all of the following:
a.
That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses;
b.
That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property of use that exceeds the impacts to residents and businesses generally;
c.
That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the city to effectuate the purpose of this chapter and will not be detrimental to the public interest; and
d.
That the condition or situation of the subject property of the intended use of the property for which the waiver is ought is not common, recurrent or general in nature.
4.
Approval Authority. The city manager or designee must act upon any completed application no later than ten days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition. The decision of the city manager will be final.
(Ord. 1533 § 2, 2009)
A.
Misdemeanor. Any violation of this chapter may be prosecuted as a misdemeanor punishable by imprisonment in the county jail for not more than thirty days, or by a fine not exceeding one thousand dollars, or by both.
B.
Civil Penalties. Civil penalties for failure to comply with any provisions of the chapter are as follows:
1.
First Violation. The city will issue a written warning and deliver a copy of this chapter by mail.
2.
Second Violation. A second violation within the preceding twelve calendar months is punishable by a fine not to exceed one hundred dollars.
3.
Third Violation. A third violation within the preceding twelve calendar months is punishable by a fine not to exceed two hundred and fifty dollars.
4.
Fourth and Subsequent Violations. A fourth and any subsequent violation is punishable by a fine not to exceed five hundred dollars.
C.
Termination of Service. In addition to other remedies herein, the city may disconnect and/or terminate a customer's water service. A person or entity that violates this chapter resulting in service disconnection is responsible for payment of the city's charges for disconnecting and/or reconnecting service per the city's schedule of charges then in effect. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.
D.
Separate Offenses. Each day that a violation of this chapter occurs is a separate offense.
E.
Notice and Hearing:
1.
The city will issue a notice of violation by mail or personal delivery at least ten days before taking noncriminal enforcement action as authorized herein. Such notice must describe the violation and the date by which corrective action must be taken. A violator may appeal the notice of violation by filing a written notice of appeal with the city clerk no later than the close of business on the day before the date scheduled for enforcement action. Any notice of violation not timely appealed will be final. Upon receipt of a timely appeal, a hearing before the director of public works, or designee, on the appeal will be scheduled, and the city will mail written notice of the hearing date to the violator at least ten days before the date of the hearing.
2.
Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the city may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water phase condition.
F.
A violation of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.
(Ord. 1533 § 2, 2009)