This chapter is enacted to regulate the use of a public water supply distributed by the city during a period of water shortage pursuant to Water Code Sections 350 through 359 and to enact water conservation measures during the period of water shortage pursuant to Water Code Sections 375 through 377.
(Prior code § 14.90.001; Ord. 94-1 §1, 1994)
The council of the city finds and declares that these regulations are adopted to deal with the use of water obtained from or through the distribution facilities of the city during any period of water shortage so declared to exist by the council, to conserve the water supply for the greatest public benefit.
(Prior code § 14.90.002; Ord. 94-1 § 1, 1994)
For the purposes of this chapter waste refers to any excessive, unnecessary or unwarranted use of water, including, but not limited to, any use which causes unnecessary runoff beyond the boundaries of any property as served by its water meter, and any failure to repair as soon as reasonably possible, any leak or rupture in any water pipe, faucet, valves, plumbing fixtures or other water services appliances or devices.
(Prior code § 14.90.003; Ord. 94-1 § 1, 1994)
A. 
Stage One. Effective upon the adoption by the council of a resolution that a Stage One condition exists, and so long as that condition continues to exist, the following water use regulations and restrictions, and such other regulations and restrictions as may be adopted by the council, shall apply to all use of water provided by or through the water distribution facilities of the city.
1. 
The watering of crops, grass, ground cover, lawns, open ground, shrubbery, trees, including greenbelt, golf courses, parks, recreation areas, agricultural, or any other area containing vegetation shall be prohibited between the hours of ten a.m. and four p.m.
2. 
The use of water described in subsection (A)(1) of this section, shall be in a manner and to the extent which does not allow unreasonable excess water to run off the area being watered. Every water user is considered to have his or her water system under his or her control and is accountable for the knowledge of and the manner and extent of excess water run off.
3. 
The washing of driveways, sidewalks, parking lots, buildings or any other hard surface on which water will run off except for the washing of surfaces necessary for preventing a potential threat to health and safety as determined by the public works director, shall be prohibited.
4. 
The washing of any vehicle, camper, trailer, or boat, except at a commercial car washing facility or by use of a bucket and/or hose equipped with a self closing valve that requires operator pressure to activate the flow of water, shall be prohibited.
5. 
The escape of water through leaks or breaks within any water user's distribution or plumbing system for an unreasonable time shall be prohibited. Unreasonable time shall be 12 hours after the discovery or the notification of such leak or break from the city to correct or implement the correction of such leak or break, whichever occurs first.
6. 
All restaurants that provide table service shall post in a conspicuous place a notice of drought conditions in a form approved by the public works director.
7. 
All hotel/motel operations shall post in each room in a conspicuous place a notice of drought conditions in a form approved by the public works director.
8. 
All recreational/travel trailer parks shall provide to each registered user of said park at the time of registration, a notice of drought conditions in a form approved by the public works director.
B. 
Stage Two. Effective upon the adoption by the council of a resolution that a Stage Two condition exists, and so long as that condition continues to exist, the following water use regulations and restrictions, and such other regulations and restrictions as may be adopted by the council, shall apply to all use of water provided by or through the water distribution facilities of the city:
1. 
The Stage One water use regulations and restrictions on water use set forth in subsections (A)(3) through (A)(8) of this section shall be applicable.
2. 
The watering of crops, grass, ground cover, lawns, open ground, shrubbery, trees, including greenbelt, golf courses, parks, recreation areas, agricultural, or any other area containing vegetation shall be prohibited between eight a.m. and six p.m.
3. 
The use of water described in subsection (B)(2) of this section, shall be in a manner and to the extent which does not allow excess water to run off the area being watered. Every water user is considered to have his or her water system under his or her control and is accountable for the knowledge of and the manner and extent of excess water run off.
4. 
The use of city water for the flushing of water lines and mains, storm drains, sewer mains, and fire department training exercises except by the prior written approval of the public works director shall be prohibited.
5. 
The use of potable water cleaning and construction purposes, including, but not limited to, dust control and soil compaction shall be prohibited.
C. 
Stage Three. Effective upon the adoption by the council of a resolution that a Stage Three condition exists, and so long as that condition continues to exist, the following water use regulations and restrictions, and such other regulations and restrictions as may be adopted by the council, shall apply to all use of water provided by or through the water distribution facilities of the city:
1. 
Stage One water use regulations and restrictions on water use set forth in subsections (A)(3) through (A)(8) of this section shall be applicable.
2. 
Stage Two water use regulations and restrictions on water use set forth in subsections (B)(4) and (B)(5) of this section shall be applicable.
3. 
The watering of crops, grass, ground cover, lawns, open ground, shrubbery, trees, including greenbelt, golf courses, parks, recreation areas, agricultural, or any other area containing vegetation shall be prohibited except for the use of a reasonable amount of water by means of a hand held bucket.
(Prior code § 14.90.005; Ord. 94-1 § 1, 1994)
Except as otherwise provided in this title or as specifically authorized by the public works director, water received from or through a city water meter may be used only on and for the property at the address to which that meter was assigned by the city.
(Prior code § 14.90.006; Ord. 94-1 § 1, 1994)
All consumers are hereby notified that further restrictions or prohibitions on water use and service including, but not limited to, the prohibition of new connections and the rationing of water, may hereafter become necessary, and nothing herein, and no application, permit or approval of any water service or water service facilities granted pursuant to these rules shall vest in the applicant any right to a particular use or quantity of water, but such applicant shall be subject to all further prohibitions, restrictions, rules and regulations in the same manner and extent as any other consumer, or class of consumer, similarly situated and existing at the time such prohibitions or restrictions are imposed.
(Prior code § 14.90.007; Ord. 94-1 § 1, 1994)
Exemptions to the water use regulations set forth in this title may be granted by the public works director for specific uses of water, on the basis of hardship, or for reasons of health or safety. Any consumer may appeal any decision concerning application of the provisions of this chapter by the public works director to the council by filing a written appeal in accordance with Chapter 13.44 of this code.
(Prior code § 14.90.008; Ord. 94-1 § 1, 1994)
A. 
Any failure to comply with a provision of this chapter shall constitute a violation, regardless of whether the failure to comply is caused by a customer, consumer or any other person or entity.
B. 
Where the failure to comply is found by the council to be continuing and intentional, each successive failure to comply shall be a separate and distinct violation.
(Prior code § 14.90.009; Ord. 94-1 § 1, 1994)
A. 
It is a misdemeanor for any person or other entity to use or apply water received from the city contrary to or in violation of any water use restriction or prohibition contained in this chapter.
B. 
Service may be terminated to any consumer or customer who knowingly and willfully violates any provision of this chapter, after having been given reasonable notice and an opportunity to be heard to protest against the finding of such wilful violation and the discontinuance of service.
C. 
The following shall apply to any violation of any provision of this chapter:
1. 
For the first and second violation within any consecutive 12 calendar months, the city will issue a written notice of the fact of such violation.
2. 
For the third violation within any consecutive 12 calendar months, the city shall impose a surcharge against the customer for the property where the violations occurred or is occurring, in an amount equal to 100% of the water bill for the billing period in which the violation occurred.
3. 
For a fourth violation and any subsequent violation within any consecutive 12 calendar months, the city:
a. 
Shall impose a surcharge against the customer for the property where the violation occurred, or is occurring, in an amount equal to 100% of the water bill for the billing period in which the violation occurred;
b. 
May install a flow restrictor on, or shut off water service to the property where the violation occurred or is occurring, for a period to be determined by the public works director;
c. 
If a flow restrictor is installed or water service shut off pursuant to this section, prior to restoration of normal water service the customer whose service is affected shall be required to reimburse the city for whatever cost it has occurred and will incur in installing and removing a flow restrictor and in shutting off and turning on water service;
d. 
Any surcharge imposed pursuant to this section shall be added to the account of the customer for the property where the violation occurred or is occurring and shall be due and payable on the same terms and subject to the same conditions as any other charge for regular water service;
e. 
Nothing in this chapter shall limit or be construed to limit the right of a customer to seek reimbursement of a surcharge from a tenant or other consumer responsible for violation.
(Prior code § 14.90.010; Ord. 94-1 § 1, 1994)
A. 
For each violation of this chapter the public works director shall give notice as follows:
By sending written notice through the United States Postal Service to the customer for the property where the violation occurred or is occurring, at the current billing address shown in the city's water billing records.
B. 
In addition, the public works director may provide notice as follows:
1. 
By sending written notice through the United States Postal Service to the consumer at the property address where the violation occurred or is occurring; or
2. 
By causing the giving of written notice personally to the person who committed the violation or by leaving written notice with some person deemed by the city to be of suitable age and discretion can be found, then by affixing written notice in a conspicuous place on the property where the violation occurred or is occurring; or
3. 
If neither the person who committed the violation nor a person deemed by the city to be of suitable age and discretion can be found, then by affixing written notice in a conspicuous place on the property where the violation occurred or is occurring.
C. 
Any written notice given under this section shall contain a statement of:
1. 
The time, place and nature of the violation;
2. 
The person(s) committing the violation, if known;
3. 
The possible penalties for each violation;
4. 
The customer or consumer's right to request a hearing on the violation, the time within which and to whom such request must be made; and
5. 
The customer or consumer's loss of the right to a hearing in the event the customer or consumer fails to request a hearing within the time required.
D. 
Any customer or consumer provided a notice of violation in accordance with the provisions of this chapter shall have the right to request a hearing before the council. The request must be made in writing and must be actually received at the office of the city within ten calendar days of the date of the notice of violation. If a hearing is requested, the council shall give the customer or consumer requesting such hearing a notice in writing of the date, time and place of the hearing in the manner set forth above at least ten days prior to the date of the hearing. The council shall conduct the hearing at which both written and oral evidence may be presented, and shall decide whether a violation has occurred and the appropriate action and/or surcharge to be imposed. In determining the appropriate action and/or surcharge to be imposed, the council may consider whether the customer or consumer knew of the violation at the time it occurred and whether he or she took reasonable action to correct the violation upon notification of it. The decision of the council shall be final.
E. 
If a customer or consumer fails to request a hearing before the council in the manner and within the period provided in this section, the action of the city shall be deemed final.
Pursuant to California Government Code section 66017, this title shall become effective 60 days after its adoption by the city council.
(Prior code § 14.90.011; Ord. 94-1 § 1, 1994)