The provisions of this chapter apply to any person in the use of any potable water provided by the city of Westminster.
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.
The provisions of this chapter do not apply to the use of recycled water, with the exception of Section 13.14.050(A).
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.
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. 2449 § 2, 2009; Ord. 2536 § 1, 2017)
The city manager, or designated representative, is hereby authorized and directed to implement the provisions of this ordinance.
(Ord. 2138 § 4, 1990; Ord. 2186 § 2, 1992; Ord. 2536 § 1, 2017)
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.
This chapter establishes permanent water conservation standards intended to alter behavior related to water use efficiency at all times, and further establishes three levels 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. 2449 § 3, 2009; Ord. 2536 § 1, 2017)
The following words and phrases whenever used in this chapter have the meaning defined in this section:
"Billing unit"
means the unit of water used to apply water rates for purposes of calculating water charges for a person's water usage and equals seven hundred forty-eight gallons.
"Landscape irrigation system"
means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system.
"Large landscape areas"
means a lawn, landscape, or other vegetated area, or combination thereof, equal to more than one acre of irrigable land.
"Person"
means any natural person or persons, corporation, public or private entity, governmental agency or institution, including all agencies and departments of the city, or any other user of water provided by the city.
"Potable water"
means water which is suitable for drinking.
"Recycled water"
means the reclamation and reuse of non-potable water for beneficial use as defined in Title 22 of the California Code of Regulations.
"Single pass cooling systems"
means equipment where water is circulated only once to cool equipment before being disposed.
(Ord. 2449 § 4, 2009; Ord. 2536 § 1, 2017)
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 Days. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to five days per week on a schedule established and posted by the city. From November 1 through March 31, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than three days per week on a schedule established and posted by the city. This provision does not apply to landscape irrigation zones that exclusively use city approved 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.
B. 
Limits on Watering Hours. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of nine a.m. and five p.m. year-round, local time, on any day, except by use of a hand-water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.
C. 
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 city approved 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.
D. 
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.
E. 
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, a low-volume, high-pressure cleaning machine equipped to recycle any water used, or a low-volume high-pressure water broom.
F. 
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 seven days of receiving notice from the city, is prohibited.
G. 
Must use positive self-closing shut-off nozzle: All hoses must be equipped with a positive self-closing shut-off nozzle or device.
H. 
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.
I. 
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.
J. 
No Watering Forty-Eight Hours After a Measurable Rain Event. 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 prohibited for forty-eight hours following a measurable rain event. A measurable rain event is one-sixteenth of an inch of rain or greater.
K. 
Drinking Water Served Upon Request Only. Eating or drinking establishments, including, but not limited to, a restaurant, hotel, café, cafeteria, bar, 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.
L. 
Commercial Lodging Establishments Must Provide Guests Option to Decline Daily Linen Services. 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.
M. 
No Installation of Single Pass Cooling Systems. Installation of single pass cooling systems is prohibited in buildings requesting new water service.
N. 
No Installation of Non-Recirculating Water Systems in Commercial Car Wash and Laundry Systems. Installation of non-recirculating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems.
O. 
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.
P. 
Commercial Car Wash Systems. Effective January 1, 2011, all new commercial conveyor car wash systems must have installed operational re-circulating water systems, or must have secured a waiver of this requirement from the city.
(Ord. 2449 § 5, 2009; Ord. 2536 § 1, 2017)
A Level 1 water supply shortage exists when the city council determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists, and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city council of a Level 1 water supply shortage condition, the city will implement the mandatory Level 1 conservation measures identified in this section.
(Ord. 2449 § 6, 2009; Ord. 2536 § 1, 2017)
In addition to the prohibited uses of water identified in Section 13.14.050, the following water conservation requirements apply during a declared Level 1 water supply shortage:
A. 
Limits on Watering Days. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to four days per week on a schedule established and posted by the city. From November 1 through March 31, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than two days per week on a schedule established and posted by the city. This provision does not apply to landscape irrigation zones that exclusively use city approved 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.
B. 
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 four days of notification by the city, unless other arrangements are made with the city.
C. 
Approval Needed for Re-Sodding. Residents requiring additional watering days and times due to re-sodding or reseeding need an exemption from the city of Westminster. Exemptions may be approved on a case by case basis and require proof of purchase of materials.
(Ord. 2449 § 7, 2009; Ord. 2536 § 1, 2017)
A Level 2 water supply shortage exists when the city council determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. A Level 2a water supply shortage will be the first attempt to dramatically decrease water usage. If conservation targets are not achieved, the city council has the authority to increase to a 2b which will further restrict outdoor watering and result in greater conservation. Upon the declaration by the city of a Level 2a or 2b water supply shortage condition, the city will implement the mandatory Level 2a or 2b conservation measures identified in this section.
(Ord. 2449 § 8, 2009; Ord. 2536 § 1, 2017)
In addition to the prohibited uses of water identified in Sections 13.14.050 and 13.14.070, the following additional water conservation requirements apply during a declared Level 2 water supply shortage:
A. 
Watering Days.
1. 
Level 2a. 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. From November 1 through March 31, 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 city approved 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. 
Level 2b. 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. From November 1 through March 31, 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 city approved 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.
B. 
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.
C. 
Limits on Filling Ornamental Lakes or Ponds. Filling or re-filling 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 level under this chapter.
D. 
Limits on Filling Residential Swimming Pools and Spas. Pools and spas may be re-filled no more than eighteen inches per month.
E. 
Obligation to Purchase Pool Cover Under Level 2b. New pools and remodeled pools require a pool cover, with proof of purchase, to pass final city inspection.
(Ord. 2449 § 9, 2009; Ord. 2536 § 1, 2017)
A Level 3 water supply shortage condition is also referred to as an "emergency" condition. A Level 3 condition exists when the city council declares a water shortage emergency and notifies its residents and businesses that a significant reduction in consumer demand is necessary to maintain sufficient water supplies for public health and safety. Upon the declaration of a Level 3 water supply shortage condition, the city will implement the mandatory Level 3 conservation measures identified in this section.
(Ord. 2449 § 10, 2009; Ord. 2536 § 1, 2017)
In addition to the prohibited uses of water identified in Sections 13.14.050, 13.14.070, and 13.14.090, the following water conservation requirements apply during a declared Level 3 water supply shortage emergency:
A. 
Watering Days. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to one day per week on a schedule established and posted by the city. From November 1 through March 31, no watering or irrigation is allowed with irrigation systems except for the following:
1. 
Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container, hand-held hose equipped with a positive self-closing water shut-off nozzle or device;
2. 
Maintenance of existing landscape necessary for fire protection;
3. 
Maintenance of existing landscape for soil erosion control;
4. 
Maintenance of plant materials identified to be rare or essential to the well-being of protected species;
5. 
Maintenance of landscape within active public parks and playing fields, day care centers, golf course greens, and school grounds, provided that such irrigation does not exceed two days per week according to the schedule established in Section 13.14.090(A), and time restrictions in Section 13.14.050(A) and (B);
6. 
Actively irrigated environmental mitigation projects.
B. 
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.
C. 
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.
D. 
Discontinue Service. The city council, in its sole discretion, may discontinue service to consumers who wilfully violate provisions of this section.
E. 
No New Annexations. Upon the declaration of a Level 3 water supply shortage condition, the city may suspend consideration of annexations to its service area. This subsection does not apply to boundary corrections and annexations that will not result in any increased use of water.
F. 
Limits on Filling Residential Swimming Pools and Spas. Filling or re-filling of existing pools or outdoor spas with potable water is prohibited. The building of new pools is prohibited and no permits will be issued for construction.
(Ord. 2449 § 11, 2009; Ord. 2536 § 1, 2017)
Declaration and Notification of Water Supply Shortage. The existence of Level 1, Level 2a, Level 2b, or Level 3 water supply shortage conditions may be declared by resolution of the city council, adopted at a regular or special public meeting held in accordance with state law. The mandatory conservation requirements applicable to Level 1, Level 2a, Level 2b or Level 3 conditions will take effect on the tenth day after the date the shortage level is declared. Within five days following the declaration of the shortage level, the city shall publish a copy of the resolution in a newspaper used for publication of official notices. If the city activates a water allocation process, it must provide notice of the activation 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.
(Ord. 2449 § 12, 2009; Ord. 2536 § 1, 2017)
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 or classes of water users, then the person may apply for a waiver to the requirements as provided in this section.
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.
A. 
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 a city council resolution.
B. 
Supporting Documentation. The application must be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant.
C. 
Required Findings for Waiver. An application for a waiver will be denied unless the city 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, all of the following:
1. 
That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses;
2. 
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 or use that exceeds the impacts to residents and businesses generally;
3. 
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
4. 
That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature.
D. 
Approval Authority. The public works director, or designated representative, 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 public works director, or designated representative, will be final, unless appealed.
(Ord. 2449 § 13, 2009; Ord. 2536 § 1, 2017)
Penalties. Penalties for failure to comply with any provisions of the chapter are as follows:
A. 
First Violation. The city will issue a notice by mail and/or in person and reference this chapter defining the violation and citing any corrections necessary.
B. 
Second Violation. A second violation within twelve months of the first violation will cause the city to issue a notice by mail and/or in person, defining the violation and citing any corrections necessary.
C. 
Third Violation. A third violation within twelve months of the first violation is punishable by a fine not to exceed fifty dollars.
D. 
Fourth Violation. A fourth violation within twelve months of the first violation is punishable by a fine not to exceed one hundred and fifty dollars.
E. 
Fifth and Subsequent Violations. A fifth and any subsequent violation within twelve months of the first violation is punishable by a fine not to exceed two hundred and fifty dollars.
Water Flow Restrictor. In addition to any fines, the city may install a water flow restrictor device of approximately one gallon per minute capacity for services up to one and one-half inch size and comparatively sized restrictors for larger services after written notice of intent to install a flow restrictor for a minimum of forty-eight hours.
F. 
Discontinuing Service. In addition to any fines and/or the installation of a water flow restrictor, the city may disconnect a customer's water service for wilful violations of mandatory restrictions in this chapter.
(Ord. 2449 § 14, 2009; Ord. 2536 § 1, 2017)
A person or entity that violates this chapter is responsible for payment of the city's charges for installing and/or removing any flow restricting device and for disconnecting and/or reconnecting service per the city's schedule of charges then in effect. The charge for installing and/or removing any flow restricting device must be paid to the city before the device is removed. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.
(Ord. 2449 § 15, 2009; Ord. 2536 § 1, 2017)
The city will issue a notice of violation by mail or personal delivery at least ten days before taking enforcement action. Such notice must describe the violation and the date by which corrective action must be taken. A customer may appeal the notice of violation by filing a written notice of appeal with the city 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 on the appeal will be scheduled, and the city will mail written notice of the hearing date to the customer at least ten days before the date of the hearing.
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 level condition.
(Ord. 2449 § 17, 2009; Ord. 2536 § 1, 2017)
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.
(Ord. 2449 § 18, 2009; Ord. 2536 § 1, 2017)
If any section, subsection, sentence, clause, phrase, or portion in this chapter is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, the validity of the remaining portions of the chapter will not be affected. The mayor and city council hereby declare it would have passed this ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or portions thereof is declared invalid or unconstitutional.
(Ord. 2449 § 19, 2009; Ord. 2536 § 1, 2017)
The city council may establish an appeals board, to review appeals concerning relief of conditions or violations that a water customer cannot resolve with staff. The city council shall adopt such rules and regulations as they deem reasonable and necessary to the formation, procedure and operation of the appeals board. This board may automatically be disbanded if the council phases out the mandatory conservation phases.
A. 
Upon approval by the council, a water appeals board will be created which shall consist of five members to be appointed by the city council.
1. 
The board shall be made of one member representing homeowners selected from a list of homeowners prepared by city council members, one member representing condominium homeowner associations, one member representing mobile home park residents selected from a list to be solicited from mobile home park resident associations, one member representing apartment owners selected from recommendations from the Apartment Association of Orange County, and one member representing business selected from a list to be prepared by the Chamber of Commerce.
B. 
The first water appeals board to be appointed shall, at its first meeting, classify its members by lot so that three shall serve for a term of one year and two shall serve for a term of two years. At the expiration of the terms so provided for, successors shall be appointed as defined above, with the approval of the council for a term of two years. Annually, on or before the date established by the city council, the mayor shall designate the chairman of the appeals board.
C. 
Vacancies on the appeals board shall be filled by appointment by the city council, for the unexpired term. Each member shall serve until his successor is appointed and qualified. A majority vote of the council shall be required to appoint a member of the appeals board, but a four-fifths vote of the council shall be required to remove any member of the board from office prior to the expiration of the board member's term.
D. 
Members of the appeals board shall either be residents of this city, engaged in business within the city, or own property in the city. No person shall be appointed to the board who holds any elected public office or employment of the city.
E. 
The decision of the water appeals board will be final unless appealed in accordance with Section 13.14.240.
F. 
Absence from Board Meetings. If a member of the board shall be absent from three consecutive regular meetings of such board or absent for more than fifty percent of the regular meetings in any one-year period, the office shall be deemed to be vacant and the term of such member terminated; and the secretary of the board shall immediately inform the city council of such termination.
(Ord. 2186 § 5, 1992; Ord. 2449 § 5, 2009; Ord. 2536 § 1, 2017)
The powers and duties of the appeals board shall consist of:
A. 
To determine the order of business for the conduct of its meetings and to hold such meetings as may be required by the rules or on call of the chairman or a majority of the members of the board. A majority of the members of the board shall constitute a quorum for the transaction of business, three votes shall be required to rule on any appeal or pass any motion.
B. 
To hold hearings regarding rules to supplement this chapter and subsequent revisions and amendments thereto, and to recommend to the city manager, for submission to the council, such rules as are herein provided for.
C. 
As provided by this chapter and by the water ordinance rules, to receive and hear appeals submitted by any person relative to water usage or alleged violation(s) of the water ordinance, and to certify its findings and recommendations as provided in this chapter.
D. 
In any hearing or investigation conducted by the appeals board, it shall have the power to request and examine records of the city.
(Ord. 2186 § 6, 1992; Ord. 2449 § 6, 2009; Ord. 2536 § 1, 2017)
A. 
The director of public works shall be the board officer. With the concurrence of the board and approval of the city council, the director of public works may delegate any of the powers and duties conferred upon him as a board officer under this chapter to any other officer of employee of the city, with the concurrence of the city manager.
B. 
The board officer shall:
1. 
Attend all meetings of the appeals board and serve as its secretary.
2. 
Administer all the provisions of this chapter and of the water ordinance not specifically reserved to the council or the appeals board.
3. 
Prepare and recommend to the council revisions and amendments to the water ordinance, subject to the review and recommendations of the appeals board and the city manager. The city attorney shall approve the legality of such revisions and amendments prior to their submission to council.
(Ord. 2186 § 7, 1992; Ord. 2449 § 7, 2009; Ord. 2536 § 1, 2017)
A. 
Water conservation rules to supplement this chapter shall be adopted by the city council by resolution. Such rules may be amended from time to time by resolution of the city council. Such rules shall be prepared by the board officer and reviewed by the appeals board prior to adoption by the council.
B. 
Rules may be formulated as may be necessary and proper to carry out the intent and purpose of the water management program.
In determining whether relief from the penalties contained herein shall be granted, the appeals board shall take into consideration all relevant factors, including, but not limited to:
1. 
Prior water conservation efforts;
2. 
Whether any additional reduction in water consumption will result in unemployment;
3. 
The number of members above four in the household;
4. 
The size of the residential property;
5. 
The number of persons in a residence;
6. 
Increased number of employees in commercial, industrial, and governmental offices;
7. 
Increased production requiring increased process water;
8. 
Water uses during new construction, essential maintenance, or remodeling;
9. 
Adjustments to water use caused by emergency health or safety hazards;
10. 
First filling of a permit-constructed swimming pool;
11. 
Water use necessary for reason related to family illness or health;
12. 
Car wash facilities which recycle the water; and
13. 
Laundromats.
Relief from other factors not included in this listing will be added upon review of the water appeals board and approved by the city council.
No relief from the curtailment of provisions shall be granted unless the customer shows that he or she has achieved the maximum practical reduction in water consumption other than in the specific areas in which relief is being sought. The board may request, and customer shall provide, reasonable and necessary information for resolution of the customer's application for relief.
C. 
Base Adjustment. The board, in its discretion, may adjust the billing period consumption assigned to any customer if that customer establishes, to the satisfaction of the board, that the billing period consumption, as herein provided, would cause him or her great hardship. However, any member of the city council or the city manager shall have the right within twenty calendar days of such determination to appeal that decision to the entire city council, whose decision shall be final.
(Ord. 2138 § 4, 1990; Ord. 2186 § 8, 1992; Ord. 2449 § 8, 2009; Ord. 2536 § 1, 2017)
Any person may request to be exempted from some or all of the limitations set forth in this chapter. All requests for exemption shall set forth, in writing and detail the basis and justification for such request. Written requests for exemption shall be submitted to the director of public works or designated representative who is given the powers, duties and procedures by which to grant exemptions. The director of public works shall have fifteen calendar days from the date such request is received to approve, approve subject to conditions, disapprove, or request additional information. When additional information is requested, the fifteen-day period shall commence at the time the additional information is received.
The director of public works shall prepare a written decision which describes the scope of the exemption granted, any conditions which may be applied to such approval or the basis for denial shall be attached to the requesting person's application for exemption. The person submitting an approved or conditionally approved exemption shall sign such approval or conditional approval and shall attest that the request for exemption is true and accurate and the scope of the approval or conditional approval is understood.
Within ten calendar days from the date of the director of public works' written decision, the requesting person may file a written appeal to the city council-established water appeals board.
The appeals board shall have thirty calendar days from the date such request is received to approve, approve subject to reasonable conditions, disapprove, or request additional information from the requesting party except as provided hereinafter. When additional information is requested, the thirty day period shall commence at the time the additional information is received.
The appeals board shall prepare a written decision which describes the scope of the exemption granted, any conditions which may be applied to such approval or basis for its denial, and shall attach to this the requesting person's application for such exemption. The person who submitted the request shall sign such approval and shall attest under penalty of perjury that the request for exemption is true and accurate and the scope of the approval is understood by such person.
The decision of the appeals board may be appealed in twenty calendar days to the city council, whose decision shall be final.
(Ord. 2138 § 4, 1990; Ord. 2186 § 9, 1992; Ord. 2449 § 9, 2009; Ord. 2536 § 1, 2017)