The city council finds and determines:
A. 
To prevent waste and ensure reasonable use of water supplied by the city water distribution system, it is necessary and desirable to enact certain limitations to promote water conservation by city customers.
B. 
These limitations should be focused on outdoor water use, because the maximum demands for water from the city's water distribution system occur during the summer months, with outdoor irrigation use exceeding all other demands.
C. 
Water use limitations should be designed to promote 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.
D. 
Reduction of water use through water conservation protects and promotes the public health, safety and welfare by conserving a vital resource that is subject to ever-increasing demands.
E. 
Reduction of water demands through water conservation will reduce the per capita amount of water used by city customers, and also will reduce the city's costs for electrical energy, equipment and chemicals utilized to pump and treat water supplied to the city water distribution system.
F. 
By reducing the use of electrical energy, equipment and chemicals, the reduction of water demands through water conservation also protects and promotes the public health, safety and welfare by reducing greenhouse gas emissions associated with the production and transport of electrical energy, equipment and chemicals.
(Ord. 2016-01 §1)
In response to any condition necessitating increased water conservation, such as a water shortage due to drought, natural disaster, or other reduction of water supply availability, or as may otherwise be required to protect the public health, safety, and welfare, the city council may by resolution declare the existence of a water shortage and impose revised and additional limitations and time restrictions on outdoor water use. While the declaration of water shortage remains in effect, no person shall use, or cause to be used, city water in violation of such limitations or restrictions. Unless the resolution specifies an ending date, the declaration of water shortage shall remain in effect until rescinded or otherwise modified by subsequent resolution of the city council. While a declaration of water shortage is in effect, any requirement in the Planning and Development Code to plant or irrigate trees, shrubs, or other groundcover, or for groundcover to be living, is suspended.
(Ord. 2016-01 §1)
The provisions of this chapter shall apply to all persons using water both in and outside the city served by the city water system, and regardless of whether any person using water shall have a contract for water service with the city.
(Ord. 05-01 §5, 2005)
Notwithstanding other code provisions inconsistent with this chapter, the provisions of this chapter shall supersede and prevail for the duration of the emergency and until repeal of this chapter.
(Ord. 05-01 §5, 2005)
It is unlawful for any person to use water obtained from the water system of the city of Waterford through fraud, including misrepresentations made to obtain a particular allocation of water, or for any prohibited use as hereinafter defined:
A. 
The washing of sidewalks, driveways, filling station aprons, porches or other outdoor surfaces except when necessary to protect the public health and safety.
B. 
The washing of the exterior of dwellings, buildings, and structures, with the following exceptions:
1. 
Window washing;
2. 
Washing in conjunction with the painting of the exterior of a dwelling, building or structure;
3. 
Washing of a dwelling, building or structure may be allowed once every twelve months.
All exceptions listed above must comply with Section 4.06.090(A) and (B) and the hose(s) must be fitted with an automatic shutoff device(s).
C. 
The operation of any ornamental fountain or other such structure making a use of water from the city domestic water system, unless said fountain or structure uses a recirculating water system.
D. 
The use of water, except for domestic use, where an adequate source of water is available whether such alternate source is reclaimed water, well water, spring water, or other source.
E. 
The external washing of trailers, trailer houses, mobile homes, and home exteriors unless in conjunction with painting the exterior of said trailers, or homes.
F. 
The washing of boats or motor vehicles with a hose that is not fitted with an automatic shut-off device.
G. 
The indiscriminate running of water or washing with water not otherwise prohibited above which is wasteful and without reasonable purpose.
(Ord. 05-01 §5, 2005)
The director may grant variances for uses of water otherwise prohibited if he or she finds and determines that to fail to do so would cause an emergency condition affecting health, sanitation, or fire protection to the applicant or the public. The director's determination concerning variances shall be final.
(Ord. 05-01 §5, 2005)
Any person within the water service area who is in violation of the water prohibition provisions of Section 4.06.040 shall be subject to immediate disconnection of water service and/or the installation of a meter at the violator's expense. Upon disconnection of water service a written notice shall be served upon the violator which shall state the time, place, and general description of the violation or penalty, and the method by which reconnection can be made.
(Ord. 05-01 §5, 2005)
Where water service has been disconnected as authorized in Section 4.06.060, the water service shall be immediately reconnected on condition that:
A. 
The public works department be authorized by the appropriate person to install a water meter on the consumer's water service; and
B. 
An installation charge be paid for the installation of said meter in accordance with the Waterford Municipal Code; and
C. 
A reconnection charge is paid in an amount fixed pursuant to the Waterford Municipal Code Section 4.02.150.
(Ord. 05-01 §5, 2005)
It is unlawful for any person to remove, replace, alter or damage any water meter or components thereof including, but not limited to, the meter face, its dials or other water usage indicators.
(Ord. 05-01 §5, 2005)
The following uses, methods, tees or techniques of use of water are hereby determined and declared nonessential and are prohibited:
A. 
All Users.
1. 
Allowing broken or defective plumbing, or sprinklers, watering or irrigation systems which permit the escape or leakage of water;
2. 
The use of water in any manner which causes, allows, or permits the flooding of any premises, or any portion thereof;
3. 
All uses of non-potable water without the permission of the public works department.
B. 
Outdoor Watering. The limits of sprinkling, watering or irrigation of lawn, landscape or other vegetated area shall be established by resolution.
C. 
New Planting. Notwithstanding the prohibitions contained in subsection B of this section, new lawns, ground cover, or bedding plants, may be watered every day provided the following conditions are met:
1. 
New lawns, ground cover, or bedding plants shall not include the reseeding of existing lawns or replacement of existing ground cover, or bedding plants, and shall be newly rototilled earth;
2. 
A permit must be obtained from the department of public works and a ten dollar permit fee paid;
3. 
The permit shall be limited to thirty days duration;
4. 
The director of public works may impose such other restrictions as are deemed necessary to prevent the waste of water.
(Ord. 05-01 §5, 2005; Ord. 2017-06 §1)
A. 
The director is hereby authorized and empowered to delegate his or her authority hereunder to such deputies, officers, employees, or agents of the city as he or she shall designate, and to establish such rules, regulations, and procedures, and to prepare or furnish such forms, warnings, et cetera as he or she deems necessary or appropriate to carry out the provisions of this chapter.
B. 
Upon a determination by the director or designee that a person has consumed or used water in violation of any of the mandatory provisions of this chapter, or of any exception granted pursuant to the provisions of Section 4.06.050, the director may issue an order to cease and desist from such violation, and further order such person to comply forthwith with such provisions or exceptions, or otherwise to take appropriate remedial or preventive action. Any cease and desist order may be served personally, by mail, or by leaving a copy at or posted upon the person's residence or place of business.
C. 
If, after the issuance of such cease and desist order, such person continues to consume or use, or again consumes or uses, water in violation of any such provision or exception, the director may issue a notice of intention to impose a penalty. Said notice shall:
1. 
Identify the date, time, and circumstances of violation;
2. 
State the amount of penalty to be imposed; and
3. 
Advise the person of the appeal rights as provided herein. The notice of intention to impose a penalty shall be served in the same manner as the cease and desist order.
D. 
After a notice of intention to impose a penalty is served, a penalty shall be assessed to the utility account of the person in the amount of fifty dollars for the first violation, seventy-five dollars for the second violation, and one hundred fifty dollars for the third and each of any subsequent violations. The penalty shall be subject to collection in the same manner as any unpaid water service charges.
E. 
A person shall have the right to appeal the imposition of the penalty assessed to the utility account. The person must request an appeal hearing in writing within fifteen days from the date of service of the notice of intention to impose a penalty. The request for hearing must be addressed to the city clerk 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 will be assessed against the person's account.
F. 
The appeal hearing shall be held before a hearing officer appointed by the city council by resolution to preside at and render judgment from administrative hearings transacted under the authority of this chapter who shall make a factual finding on the existence of a violation. The person to be assessed shall be allowed to present such witnesses and evidence as he or she may desire and may be represented by an attorney or other representative of his or her choosing at appellant's expense. The hearing officer shall give written notice by first class mail of the date and time of the appeal hearing at least ten days prior thereto. Said hearing shall be held not later than thirty days from receipt of the request for hearing unless continued by mutual consent of the person to be assessed and the hearing officer. The decision of the hearing officer shall be final. If a violation is found, the penalty shall be assessed to the utility account.
(Ord. 05-01 §5, 2005)