The board of supervisors of the county of Stanislaus finds and declares that the state of California, including the county of Stanislaus, is experiencing a drought and that conservation of water is a prudent and desirable goal necessary for the public health and safety. The board further finds that it is timely for the county to take those steps necessary to ensure an adequate local supply of water, and that a water conservation program will assist that goal.
(Ord. CS 399 § 1, 1990)
The following water conservation program, within the unincorporated area of the county or which is otherwise subject to the jurisdiction or control of the county, shall be as follows:
A. 
No outdoor water use between 9:00 a.m. and 7:00 p.m. on any day.
B. 
Dwellings or establishments with odd number street addresses shall water only on Wednesdays and Sundays.
C. 
Dwellings or establishments with even number street addresses shall water only on Tuesdays and Saturdays.
D. 
No outdoor water use on Mondays, Thursdays and Fridays, and no outdoor irrigation during and within 48 hours following measurable rainfall.
E. 
Hosing concrete or paved areas, buildings, sidewalks, and paved parking lots is prohibited.
F. 
Car washing is subject to the above-cited limitations with the use of a positive shutoff nozzle.
G. 
Restaurants are prohibited from serving water to customers unless the customer requests it.
H. 
Water must not be wasted and must be retained on-site and not allowed to escape to roads or streets.
I. 
New landscaping shall comply with modern methods, keeping water conservations as a goal, and in accordance with the California State Water Resources Control Board Resolution No. 2015-0032 (May 5, 2015).
(Ord. CS 399 § 1, 1990; Ord. CS 870 § 1, 2004; Ord. CS 1164 § 2, 2015)
The provisions of this chapter shall not apply to prohibit agricultural, commercial or industrial use of water or domestic use of water controlled or scheduled by an irrigation authority, or use by schools.
(Ord. CS 399 § 1, 1990)
Any person that violates the provisions of this chapter shall be guilty of an infraction, and, upon conviction thereof, shall be punished as set forth in Section 1.36.020. The director or designee, may, however, in his or her discretion, elect not to treat the violation as an infraction, and may seek enforcement pursuant to Section 14.12.050 of this chapter.
(Ord. CS 399 § 1, 1990; Ord. CS 705 § 24, 1999; Ord. CS 870 § 2, 2004)
The enforcement of this chapter shall be by the department of environmental resources. The department of environmental resources shall give at least one warning to any person who violates the provisions of this chapter prior to issuing an administrative citation.
Administrative Citation. If the owner, or person responsible for committing the act that constitutes a violation of the water conservation rules and regulations, as set forth in Section 14.12.020, fails to adhere to the rules and regulations after warned on at least one occasion, the director or designee may cause that person to be issued an administrative citation (Government Code Section 53069.4).
A. 
Any citation shall:
1. 
Identify the date, time and circumstances of the violation;
2. 
State the amount of the penalty fee to be imposed; and
3. 
Advise the person of their appeal rights as provided herein.
B. 
The administrative citation shall be served in person, certified mail with a return receipt requested, a "blind" or regular mail or posted on the property in a conspicuous place in the same manner as the notice of order to abate, as provided in Section 2.92.030. The amount of the penalty fee imposed has been set by the director of environmental resources and does not exceed the maximum fine or penalty amounts for infractions set forth in Section 1.36.020. The amounts imposed would be one hundred dollars upon the second violation, two hundred for the third violation and four hundred for the fourth and subsequent violation. In determining the amount of civil penalty to be assessed against any person violating a provision of the Stanislaus County Code, consideration will be given to the following:
1. 
The extent to which the person had knowledge or reasonably should have known that the action taken was a violation of the Stanislaus County Code;
2. 
The magnitude of the violation;
3. 
The extent to which the person derived financial benefit from the violation;
4. 
Any prior history related violations by the same person on the subject property or on other parcels within the county; and
5. 
Any corrective action, or lack thereof, taken by the person to eliminate the violations, and any other mitigating circumstances justifying a reduction of the amount of the penalties.
C. 
Any person receiving the administrative citation may request an appeal hearing, in writing, within fifteen days from the date of service of the administrative citation. The request for hearing shall be addressed to the director and shall be deemed served only when received by the county. Failure to properly serve the request for hearing within the fifteen-day period shall be deemed a waiver of right to appeal the matter, and the decision to impose the penalty fee will become final.
The appeal hearing shall be held before a hearing officer. The hearing officer for violations of this chapter will be the director of environmental resources or designee.
The hearing officer or designee shall give written notice by mail to the person who requested the appeal of the date and time of the appeal hearing, which hearing should be held no sooner than ten days from the receipt of the request for hearing and not longer than thirty days. With the consent of both parties, the appeal hearing may be conducted by telephone, or continued. The appellant 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 choice. County counsel or his or her designee may represent the county.
Upon conclusion of the hearing, the hearing officer or designee shall serve written notice of his or her decision in the manner provided by Section 2.92.030. The director may present the decision of the hearing to the board of supervisors, and the board may adopt such decision, with or without modification, without further notice of hearing.
D. 
Notwithstanding Chapter 14.12 of the Stanislaus County Code or Section 1094.5 or 1094.6 of the Code of Civil Procedure, within twenty days after the date action is taken by the board of supervisors on the decision of the hearing officer, a person contesting the final administrative decision may seek review by filing an appeal in the Stanislaus County Superior Court pursuant to subdivision (b) of Section 53069.4 of the Government Code. If no notice of appeal to the Superior Court is filed within the period set forth in this section, the order or decision of the county shall be deemed confirmed.
E. 
The administrative fine or penalty imposed under this section, as confirmed by the board of supervisors, shall constitute a special assessment against the respective lot, or parcel of land, to which it relates, and upon recordation in the office of the county recorder of a notice of lien on the property for the amount of such assessment. After such confirmation and recordation, a copy may be turned over to the auditor, whereupon it shall be the duty of the auditor to cause the amounts of the respective assessments to be added to the next regular tax bills levied against such respective lots and parcels of land for municipal purposes, and thereafter such amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and may be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or after such recordation, such lien may be foreclosed by judicial, or other sale in the manner and means provided by law.
(Ord. CS 399 § 1, 1990; Ord. CS 870 § 3, 2004)