There is hereby established a water conservation and water shortage
response plan (the "plan"), pursuant to California Water Code Section
375 et seq.
(Ord. No. 2008-30(R), § 2, 10-22-08)
The objectives of the plan are:
(a)
To
prevent water supply shortages through aggressive and effective water
management programs such as water conservation, water education and
use restrictions;
(b)
To
minimize the impact of a water supply shortage on the city's population
and economy;
(c)
To
provide first for public health and fire protection and other essential
services, then to provide for the economic health of the city, and
then to provide for other uses of water;
(d)
To
ensure that water users who have implemented exemplary conservation
practices during normal-year hydrology and wet-year hydrology are
not disadvantaged by the plan during shortages, a "lifeline allowance"
will be established to reflect the minimum amount necessary to sustain
an average household. This allowance will be established periodically
by resolution of the city council.
(Ord. No. 2008-30(R), § 2, 10-22-08)
The following words and phrases whenever used in this chapter
shall have the meaning defined in this section.
means the period of time during which a customer's water
use in prior years shall be used to compare to the same customer's
water use during a declared water shortage. The baseline period will
be determined by the city council at the time the city council declares
the appropriate water shortage response level, as outlined in section
31-232 of this article.
means the City of Escondido.
means any natural person, corporation, public or private
entity, public or private association, public or private agency, government
agency or institution, school district, college, or any other user
of water provided by the city.
means the utilities department of the City of Escondido.
means the director of utilities of the City of Escondido.
means the Metropolitan Interim Agricultural Water Program.
means total rainfall within a 24 hour period that measures
at least 0.2 inches.
means the Metropolitan Water District of Southern California.
means the San Diego County water authority.
means the San Diego County water authority.
(Ord. No. 2008-30(R), § 2, 10-22-08; Ord. No. 2015-12R, § 1, 6-10-15)
(a)
The
provisions of this article shall apply to all persons and property
served water by the City of Escondido wherever situated, unless an
exemption or variance clearly applies.
(b)
The
provisions of this article do not apply to use of water from private
wells or to recycled water.
(c)
Nothing
in this chapter shall apply to use of water that is subject to a special
supply program, such as the IAWP or the SDCWA special agricultural
rate programs. Violations of the conditions of special supply programs
are subject to the penalties established under such applicable program.
A customer using water subject to a special supply program and water
provided by the city is subject to this article only with respect
to the customer's use of water provided by the city.
(Ord. No. 2008-30(R), § 2, 10-22-08)
The city manager or designee is authorized to make minor and
limited exceptions to the provisions of this article, on a customer
wide basis, to prevent undue hardship or unreasonable restrictions,
provided that water shall not be wasted or used unreasonably, and
that the purposes of this article can be accomplished. Any such exceptions
should be made in writing.
(Ord. No. 2008-30(R), § 2, 10-22-08; Ord. No. 2015-12R, § 2, 6-10-15)
(a)
The
following water uses are prohibited:
(1)
Watering or irrigating lawns or landscape areas in a manner causing
significant runoff.
(2)
Operating a fountain or other water feature that does not recirculate
water.
(3)
Washing any vehicle with a hose not having a water shut-off nozzle.
(4)
Allowing water to run continuously from a hose while washing any
vehicle.
(5)
Washing driveways, sidewalks, parking areas, patios or other hardscape
areas with water, except when necessary to alleviate safety or sanitation
hazards.
(6)
Using water (unnecessarily) for construction operations, receiving
water from a construction meter or water truck for any purpose other
than those required by regulatory agencies.
(7)
Watering or irrigating outdoor landscaping with potable water during
a measurable rainfall event or within 48 hours of measurable rainfall.
(8)
The installation of single pass cooling systems in buildings requesting
new water connections.
(9)
The installation of non-recirculating systems in new or remodeled
conveyor or automatic car wash systems.
(10)
The installation of non-recirculating systems in new commercial laundry
systems.
(b)
The
following water use restrictions are required at all times:
(1)
The loss or escape of water by means of breaks, leaks or other malfunctions
in the water user's plumbing or distribution system must be repaired
within five days of notification by the utilities department, or within
such other time as determined by the director of utilities or designee.
(2)
Golf courses, parks, school grounds, landscapes, and recreational
fields must only be watered between the hours of 6:00 p.m. and 10:00
a.m., except for very short periods of time for the express purpose
of adjusting or repairing the irrigation system. Tees and greens may
be watered at any time. New plantings including grass may be watered
as needed until established.
(3)
Recycled water must be used, after the department has provided to
the customer an analysis showing that recycled water, if available,
is a cost-effective alternative to potable water and the customer
has had a reasonable amount of time, as determined by the director
or the director's designee to make the conversion to recycled water.
(4)
A hotel or motel must provide guests the option of refusing daily
laundering of towels and linens. The hotel or motel shall prominently
display notice of this option in each bathroom and sleeping room using
clear and easily understood language. The department shall make suitable
displays available.
(5)
Restaurants or other public places where food is served, sold, or
offered for sale, will not serve drinking water to any customer unless
expressly requested by the customer. The department shall make "table
tents" available to restaurants and these types of other public places
alerting customers to this restriction.
(6)
All conveyor or automatic car wash systems shall have installed operational
water recycling systems, or shall have secured a waiver of this requirement
from the director.
(7)
All laundromats shall have converted 100% of their washers to high
efficiency models, as determined by the Consortium for Energy Efficiency,
by November 22, 2015.
(8)
Irrigating landscapes with potable water for new construction must
be consistent with regulations established by the California Building
Standards Commission and the department of housing and community development.
(Ord. No. 2008-30(R), § 2, 10-22-08; Ord. No. 2009-16, § 1, 6-3-09; Ord. No. 2009-28, § 1, 1-6-10; Ord. No. 2015-12R, § 2, 6-10-15)
Editor's note: Section 31-231, Additional water
use restrictions, derived from Ord. Nos. 2008-30(R), 2009-16 and 2009-28,
was repealed by Ord. No. 2015-12R, § 2, 6-10-15.
(a)
Response
level one—Water shortage watch condition.
(1)
It is the intent of response level one to achieve up to a 10% reduction
in water use when measured against the baseline period.
(2)
Declaration. The city council shall declare a water shortage response
level one—water shortage watch condition by resolution when
the city council determines, in its sole discretion that a declaration
will help to avoid or lessen the impact of an impending water supply
shortage. The types of events which may prompt the city council to
declare a water shortage response level one—water shortage watch
condition may include, among other factors, a finding that the city's
wholesale supplier or metropolitan experiences shortages in their
imported water supply, or must remove water from storage to meet normal
demands.
(3)
Public awareness/education. During a water shortage response level
one—water shortage watch condition, the city will increase its
public awareness and education efforts of water use restrictions and
measures as outlined in this article.
(b)
Response
level two—Water shortage alert condition.
(1)
It is the intent of response level two to achieve up to a 20% reduction
in water use when measured against the baseline period.
(2)
Declaration. The city council shall declare a water shortage response
level two—water shortage alert condition by resolution when
response level one actions have been taken, but the city council determines,
in its sole discretion, that there are still insufficient supplies
available to meet anticipated demands. The city council may then determine
that the actions outlined in this section are necessary.
(3)
In addition to the water use restrictions and measures identified
in subsection (a), the following restrictions and measures shall be
applicable:
(A)
Irrigating landscape with potable water shall be limited in frequency
as determined necessary by the city council by resolution.
(B)
Irrigating landscapes shall not exceed 10 minutes per station. This
provision does not apply to irrigating landscapes using water efficient
devices including, but not limited to, drip-micro-irrigation systems
and stream rotor sprinklers.
(C)
Operating irrigation systems that result in water not being applied
to the landscaped area by virtue of any or all of the following: excessive
over spray, misting, over pressurization, misaligned or tilted spray
heads, or any other malfunction or out-of-adjustment condition, is
prohibited.
(D)
Water from a construction meter or water truck for irrigation purposes
must be applied between the hours of 6:00 p.m. and 10:00 a.m. Note:
if the city is notified in writing that initial landscape materials
will be adversely affected by these restrictions, the city may establish
a reasonable schedule for initial irrigation. The city has the right
to inspect all construction sites using water from a city construction
meter for the efficient use of water.
(c)
Response
level three—Water shortage critical condition.
(1)
It is the intent of response level three to achieve up to a 40% reduction
in water use when measured against the baseline period.
(2)
The city council shall declare a water shortage response level three—water
shortage critical condition by resolution when response level two
actions have been taken, but the city council determines, in its sole
discretion, that there are still insufficient supplies available to
meet anticipated demands. The city council may then determine which
actions listed below are necessary by resolution.
(3)
In addition to water use restrictions and measures identified in
subsections (a) and (b), the following requirements shall be applicable
as determined by resolution:
(A)
Maintaining ornamental lakes, ponds, or fountains is prohibited,
except to the extent needed to sustain aquatic life, provided that
such aquatic life is of significant value and have been actively managed
within the water feature prior to declaration of a water shortage
response level under this policy;
(B)
A pool or spa must be covered during non-use periods;
(C)
Any washing of vehicles must be done at commercial car washes or
by mobile high pressure/low volume commercial services that recycle
water;
(D)
Annexations to the city's water service area will be suspended;
(E)
Other water uses may be prohibited as determined by the director,
after public notice to customers; and
(F)
No new potable water service shall be provided, no new temporary
meters or permanent meters shall 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)
shall be issued. This does not apply when: (1) a valid, unexpired
building permit has been issued prior to the level three declaration
for the project; or (2) the project is necessary to protect the public's
health, safety and welfare.
This subsection (c)(3)(F) shall not be construed to preclude
the resetting or turn on of meters to provide continuation of water
service or to restore service that has been interrupted for up to
a period of one year.
(d)
Response
level four—Water shortage emergency condition.
(1)
Prohibited uses of water in a water shortage response level four—Water
shortage emergency condition. This level will achieve the maximum
possible percentage reduction in water use from the baseline period.
(2)
Declaration. The city council shall declare a water shortage response
level four—water shortage emergency condition by resolution
when all response level three actions have been taken, but the city
council determines, in its sole discretion, that there are still insufficient
supplies available to meet anticipated demands. The city council may
then determine that the actions outlined in this section are necessary.
(3)
Restrictions and rates. In addition to all prohibited uses of water
identified in subsections (a) through (c), the city council may, in
its sole discretion, adopt a resolution to impose additional restrictions
or prohibitions on the use of water to achieve reductions from the
baseline period, or make additional adjustments to the water rates
based on the city's increased costs to provide water to its customers.
(Ord. No. 2008-30(R), § 2, 10-22-08; Ord. No. 2009-16, § 3, 6-3-09; Ord. No. 2009-28, § 3, 1-6-10; Ord. No. 2015-12R, § 2, 6-10-15)
In accordance with the department's emergency response plan
and at the direction of the city manager, the director may determine
that a sudden event has diminished, or threatens to significantly
diminish, the reliability or quality of the city's water supply. The
director may declare a catastrophic water supply shortage and impose
whatever emergency water allocation or conservation actions are deemed
necessary, in the director's professional judgment, to protect the
reliability and quality of the city's water supply, until the emergency
passes, or until the city council may be convened to adopt a resolution
or declaration of emergency, or to take other action.
(Ord. No. 2008-30(R), § 2, 10-22-08)
(a)
When
a water shortage response level one—water shortage watch condition,
a water shortage response level two—water shortage alert condition,
a water shortage response level three—water shortage critical
condition, a water shortage response level four—water shortage
emergency condition, or a sudden catastrophic water supply shortage
is declared, the city shall: (1) prior to the declaration provide
notice of a public hearing, pursuant to California Water Code Section
352; and (2) after the declaration, publish the water shortage level
in a local newspaper of general circulation, including the implementation
date of the declaration. All media will be notified by e-mail and/or
fax. Notification will also be posted on the city's website, the water
conservation hot line and on the customer's utility bills.
(b)
The
department will inform its customers of the effective date, of the
prohibited uses of water associated with the relevant stage, and encourage
its customers to take additional voluntary actions to conserve water.
(c)
The
department will inform and prepare its customers about possible restrictions
on use of water and rate increases related to the higher levels of
water conservation required by this plan. The department will continue
to educate its customers for the duration of an impending and actual
water supply shortage.
(Ord. No. 2008-30(R), § 2, 10-22-08)
(a)
Any
person, who uses, causes to be used, or permits the use of water in
violation of this article is guilty of an offense punishable as provided
herein.
(b)
Each
day that a violation of this article occurs is a separate offense.
(c)
Administrative
fines may be levied for each violation of any provision of this article,
pursuant to the procedures outlined in Chapter 1A of the Escondido
Municipal Code, in the following amounts:
(1)
One hundred dollars for a first violation;
(2)
Two hundred dollars for a second violation of any provision of this
article during a level two—water shortage alert condition within
one year;
(3)
Three hundred dollars for a second violation of any provision of
this article during a level three—water shortage critical condition
within one year;
(4)
Four hundred dollars for a second violation of any provision of this
article during a level four—water shortage emergency condition
within one year;
(5)
Five hundred dollars for each additional violation of any provision
of this article within one year.
(d)
Pursuant
to California Water Code Section 377, any customer failure to implement
any of the conservation measures outlined in sections 31-230 through
31-233 above may be prosecuted as a misdemeanor. Upon conviction thereof,
such person may be punished by imprisonment in the county jail for
not more than 30 days, or by fine not exceeding $1,000, or both.
(e)
Violation
of any provision of this policy is subject to enforcement through
installation of a flow-restricting device in the meter, pursuant to
California Water Code Section 356.
(f)
Willful
violations of the mandatory conservation measures and water use restrictions
set forth in section 31-232(d)(3) and applicable during a level four
water shortage emergency condition may be enforced by discontinuing
service to the property at which the violation occurs, as provided
by California Water Code Section 356.
(g)
All
remedies provided for herein both civil and criminal shall be cumulative,
and not exclusive.
(Ord. No. 2008-30(R), § 2, 10-22-08)
The city council shall establish the additional charges by resolution
as follows:
(a)
A
water rate penalty for excess water usage during a response level
two—water shortage watch condition;
(b)
A
water rate penalty for excess water usage during a response level
three—water shortage critical condition;
(c)
A
water rate penalty for excess water usage during a response level
four—water shortage emergency condition; or
(d)
A
surcharge for excess water use that reflects the city's increased
wholesale costs of purchasing water to provide to its customers.
(Ord. No. 2008-30(R), § 2, 10-22-08)
(a)
Hardship.
The director or designee may grant a variance in cases of hardship
for uses of water otherwise prohibited by the regulations. Water customers
who feel they need an adjustment in the prohibitions must complete
an application for a variance, stating the justification and circumstances.
If the variance is not granted, the customer may ask for a review
in writing. If the variance is granted, it shall be temporary, and
last only as long as the hardship shall continue.
(b)
Interim
Measures. Pending receipt of a request for a hardship variance, or
pending a hearing following the appeal of an administrative citation
pursuant to Section 1A-9 of this code, the director, the director's
designee, or enforcement officer may take appropriate steps to prevent
the unauthorized use of water as appropriate to the nature and extent
of the violation and the current declared water condition.
(c)
Offsets.
The city council shall establish by resolution a program to provide
water use credits, new meter connections, or a variance from the prohibitions
of this article where water customers can demonstrate that they will
offset their water use with other conservation measures.
(Ord. No. 2008-30(R), § 2, 10-22-08)
