Chapter 14.34 WATER CONSERVATION

Upon adoption by the city council of a resolution declaring a voluntary conservation drought condition and for as long as the city is needing or projecting to import at least twenty-five percent of its water needs during any twelve-month period, all water consumers will be encouraged to voluntarily reduce water consumption to a level by at least ten percent. This shall apply to all public and private properties and facilities.

The city shall implement the following programs if a voluntary conservation drought condition has been declared:

Educational outreach:

Public mailings to residents on at least a bi-monthly basis requesting voluntary conservation and offering conservation measures suggestions;

Purchase conservation materials that can be used to educate customers directly or indirectly through community based organization events;

Inform restaurants and motel/hotel establishments of the need to reduce water offerings. Supply materials and signs to assist with the implementation of voluntary conservation measures.

Conservation capital program:

Offer a conservation capital program to customers based on similar economic formulas adopted by the California Public Utilities Commission;

Offer a conservation capital program based on any program adopted by the California Public Utilities Commission for other water purveyors.

§ 14.34.065 Stage one drought condition.

The director or his or her designee is authorized to turn off the water of any property that fails to make corrective changes to any broken water system, sprinkler, etc., within seventy-two hours of being notified by the city by posting in a conspicuous location on the property.

(Ord. 1895 § 1, 2008)

A stage one drought condition may be implemented by the city council when one or more of the following conditions exists:

Imported water is needed to meet forty percent of the city's water system demand for the current or next fiscal year;

The city's water well production for the current fiscal year is reduced by twenty-five percent below the production level for the same period of the preceding year;

Upon recommendation by the water commission that a water shortage exists, such as when the projected supply and demand for water reduces storage capacities and/or a reduction in the city's ability to purchase water.

Prior to implementation of a stage one drought condition plan as provided in this chapter, the city council shall hold a public hearing for the purposes of determining whether the need for implementing a stage one drought condition exists. Notice of the time and place of said public hearing shall be published not less than ten days before the hearing in a newspaper of general circulation within the city. The city council may, upon finding that the need for implementing a stage one drought condition exists, order implementation of a stage one drought condition plan as provided in this chapter. Said order shall be made by resolution of the city council and shall be published one time only in a daily newspaper of general circulation and shall become effective immediately upon such publication. The provisions of this section shall take effect with the first full billing period commencing on or after the effective date of the city council's resolution. At any time during the stage one drought condition period, the city council may discontinue any plan or may implement another plan as provided in this chapter. Upon a finding by the city council that a stage one drought condition no longer exists, the stage one drought condition then in effect shall terminate.

Upon adoption by the city council of a resolution declaring a stage one drought condition and for as long as that condition exists, the following water use regulations, and such other regulations as may be adopted by resolution of the city council, shall apply to all use of water that is provided by or through the water distribution facilities of the city:

Each of the voluntary conservation drought condition regulations shall be applicable as long as they are not in conflict with the more restrictive regulations of the stage one drought condition;

The use of continuous running water from a hose, pipe, or faucet for the purpose of cleaning buildings and paved, tile, wood, plastic or other surfaces shall be prohibited, except in the event the director determines that such use is the only feasible means of correcting a potential threat to health, sanitation or safety;

Every operator of a restaurant providing table service shall offer water only upon request and post table signs notifying its customers of drought conditions and that water is available upon request;

Every operator of a hotel, motel, or other commercial establishment offering lodgings shall institute daily washing of towels and linens only upon request and shall post signs in each room notifying customers of the drought condition;

Any use of water that causes runoff to occur beyond the immediate vicinity of use shall be prohibited;

Watering shall be prohibited from eight a.m. to five p.m. of any yard, orchard, park, golf course, recreational area, or other area containing vegetation with the following exceptions:

The irrigation of trees and shrubs shall be allowed by any means and at any time of the day provided that:

(i)

The irrigation shall be confined to the area within the drip line of a tree or shrub,

(ii)

There shall be no run-off as a result of the irrigation,

(iii)

That the irrigation shall not exceed five minutes to each tree or shrub during any twenty-four-hour period,

The irrigation of plant material within commercial nurseries shall be allowed at any time of the day provided that:

(i)

The water is applied only to one plant or container of plants at a time, and

(ii)

The water is applied by means of a hose equipped with an automatic shut-off nozzle,

The irrigation of golf course greens and city parks shall be allowed by any means and at any time of the day for the purpose of germinating seed, promoting growth of sod, or leaching minerals from the soil for new growth purposes only;

When a stage one drought condition is declared, all consumers shall reduce their water consumption by at least ten percent below their average consumption for the same period of the previous year, or the year prior to the stage one drought condition being declared.

§ 14.34.070 Stage two drought condition.

The director or designee is authorized to turn off the water of any property that fails to make corrective changes to any broken water system, sprinkler, etc., within twenty-four hours of being notified by the city by posting in a conspicuous location on the property.

(Ord. 1895 § 1, 2008; Ord. 1925 § 1, 2009)

A stage two drought condition may be implemented by the city council when any of the following conditions exist:

City well production losses and metropolitan water district purchased water restrictions threaten the city's ability to meet system demand;

Imported water is needed to meet sixty percent of the system demand;

Upon recommendation by the water commission that a water shortage exists when the projected supply and demand for water reduces storage capacities and/or the ability to purchase water.

Prior to implementation of a stage two drought condition as provided in this chapter, the city council shall hold a public hearing for the purposes of determining whether a need to implement a stage two drought condition exists. Notice of the time and place of said public hearing shall be published not less than ten days before the hearing in a newspaper of general circulation within the city. The city council may, upon finding that a need to implement a stage two drought condition exists, order implementation of a stage two drought condition as provided in this chapter, or other measures which it deems appropriate to address the water shortage. Said order shall be made by resolution and shall be published one time only in a daily newspaper of general circulation and shall become effective immediately upon such publication. The provisions of this section shall take effect with the first full billing period commencing on or after the effective date of the city council's resolution. At any time during the stage two drought condition period, the city council may discontinue the stage two drought condition or may implement another plan as provided in this chapter. Upon a finding by the city council that a stage two drought condition no longer exists, the stage two drought condition then in effect shall terminate.

Upon adoption by the city council of a resolution declaring a stage two drought condition and for as long as that condition exists, the following water use regulations, and such other regulations as may be adopted by resolution of the city council, shall apply to all use of water that is provided by or through the water distribution facilities of the city.

Each of the stage one drought condition regulations shall be applicable as long as they are not in conflict with any more restrictive regulations of the stage two drought condition;

With the exception of subsection (c)(3) of this section, the use of water through a meter that is used solely for irrigation purposes shall be prohibited, and the city shall have the right to shut off water service to any such meter without notice to the customer, account holders or any other person;

The watering of any yard, orchard, hillside, park, golf course, recreational area, or other area containing vegetation shall be limited to Monday, Wednesday and Friday for all even address locations and shall be limited to Tuesday, Thursday and Saturday for all odd address locations. Such watering times shall be limited to no more than five minutes for each water cycle station and done only between the hours of five p.m. and eight a.m.;

The private washing of all recreational vehicles and other vehicles shall be prohibited, except by use of a bucket and hose equipped with a self-closing valve that requires operator pressure to activate the flow of water;

The director is authorized to discontinue the supply of water to third party water purveyors during a stage two drought condition;

When a stage two drought condition is declared, all consumers shall reduce their water consumption by at least fifteen below their average consumption for the same period of the previous year, or the year prior to the stage two drought condition being declared.

(Ord. 1895 § 1, 2008; Ord. 1925 § 1, 2009)

§ 14.34.080 Exemptions.

Exemptions to the water use regulations set forth in this chapter may be granted by the director for specific uses of water on the basis of hardship, or if necessary to protect the public health, sanitation or safety and in accordance with such guidelines for exemptions as the city council may adopt, upon written application of the affected account holder.

In determining whether to grant exemptions to the water regulations, the director shall take into consideration all factors relevant to the customer's water usage, including, but not limited to:

Whether any additional reduction in the customer's water consumption will result in unemployment;

Whether additional members have been added to the customer's household;

Whether any additional landscaped property has been added to the customer's property subsequent to the base period;

Changes in vacancy factors in multifamily housing;

Increased number of employees in commercial, industrial and governmental offices;

Increased production requiring increased process water;

Water uses during new construction;

(8)

Adjustments to water use caused by emergency, health or safety hazards;

(9)

First filling of a permit-constructed swimming pool;

(10)

Water use necessary for reasons related to family illness or health; and

(11)

Whether the customer had, prior to the implementation of the applicable drought condition plan, taken measures to reduce the customer's water consumption to the greatest extent possible.

Relief shall be granted only on a showing by the customer that the customer has achieved the maximum practical reduction in water consumption in the customer's residential, commercial, industrial, agricultural or governmental water consumption, as the case may be, other than in the specific areas in which relief is being sought. No relief shall be granted to any customer who, when requested by the department, fails to provide the department with relevant information.

A denial of a request for an exemption shall be made within five calendar days after the application was received. The denial may be appealed to the water commission by filing a written request with the city clerk within ten calendar days after written notice of the director's decision was deposited in the U.S. mail addressed to the account holder at the address shown on the application. The decision of the water commission shall be rendered within forty-five calendar days after the request was received by the city clerk. The decision of the water commission shall be final.

The prohibited uses of water from the water division provided in this chapter are not applicable to that use of water necessary for public health and safety or for essential governmental services such as police, fire, and emergency services. Nothing contained in this chapter shall be construed to require the division to curtail the supply of water to any customer when, in the discretion of the division, such water is required by that customer to maintain an adequate level of public health and safety.

(Ord. 1895 § 1, 2008)

§ 14.34.090 Violations.

Any failure to comply with any provision of this chapter shall be punishable as an infraction or misdemeanor as set forth herein. Every person who violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which the violation is committed, continued or permitted by such person.

The director or his or her designee is authorized to turnoff the water to any property that fails to make emergency repairs to any broken water system or sprinkler.

Violations of the regulations of the stage one or stage two drought conditions shall be punishable as follows:

The director or his or her designee shall give first-time violators a courtesy notice of the violation. The first citation shall specify the nature of the violations, the date on which it occurred and the corrective measures to be taken. No prosecution or punishment shall be initiated or levied in connection with the first violation.

Upon a second violation within the preceding twelve consecutive calendar months, the water account holder shall be punishable as an infraction. The director shall issue a written notice of violation to the account holder for the property where the violation occurred or is occurring, and impose a fine in the amount of one hundred fifty dollars.

Upon a third violation within the preceding twelve consecutive calendar months, the water account holder shall be punishable as an infraction. The director shall issue a written notice of violation to the account holder for the property where the violation occurred or is occurring, and impose a fine in the amount of two hundred fifty dollars.

Upon a fourth, or more violations within the preceding twelve consecutive calendar months, the water account holder shall be punishable as a misdemeanor with a fine to be imposed in the amount of one thousand dollars.

Violations of the regulations of the stage one or stage two drought conditions may result in the city installing a flow restrictor on the service to the property where the violation occurred or is occurring, for a period to be determined by the director.

§ 14.34.100 Notice of violation and request for hearing.

Any penalty imposed pursuant to this chapter shall be added to the account of the account holder 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. The maximum amount of penalties which an account holder may be required to pay during any twelve consecutive calendar month period are hereby established by this chapter of the Glendora Municipal Code. Penalties must be paid in full prior to restoration of water service.

(f)

Nothing in this chapter shall limit or be construed to limit the right of an account holder to seek reimbursement of a penalty from a tenant or other consumer.

(Ord. 1895 § 1, 2008)

For each violation of this chapter, the director shall give notice as follows:

By sending written notice through the U.S. mail to the account holder for the property where the violation occurred or is occurring, at the current billing address shown in the city's water billing records; and

By affixing written notice in a conspicuous place on the property where the violation occurred or is occurring.

Any written notice given under this section shall contain a statement of:

The date of the notice;

The time, place and nature of the violation;

The person(s) committing the violation, if known;

The provision(s) of this chapter violated;

The possible penalties for each violation;

The account holder's right to request a hearing on the violation and the time within which such a request must be made; and

The account holder's loss of the right to a hearing in the event the account holder fails to request a hearing within the time required.

Any account holder receiving a notice of an administrative citation may contest that there was a violation of the code or that he or she is the responsible party by submitting a request for hearing form and returning it to the city within ten calendar days of the date of the notice of violation. The account holder must also post with the director a check/money order/cashier's check in the amount of the proposed penalty for the violation(s) at the same time the request for a hearing is made.

Within thirty calendar days after the request for hearing form is received, an independent hearing officer shall conduct the hearing, at which both written and oral evidence may be presented, and shall decide whether a violation occurred and the appropriate penalty. In determining the appropriate penalty, the independent hearing officer may consider all mitigating factors associated with the violation. The director shall give written notice of the decision in accordance with subsection (a)(1) of this section.

§ 14.34.110 Water conservation standards.

For all appeals under this chapter the decision of the independent hearing officer shall be final.

(f)

There shall be no surcharge added to the account of the account holder and no installation of a flow restrictor until the notice of violation has become final or there is a final decision of the independent hearing officer ordering the penalty and installation of a flow restrictor or shut off of water service.

(Ord. 1895 § 1, 2008)

Plumbing Standards for Water Conservation. Plumbing standards for water conservation shall be as contained in the California Plumbing Code as adopted and amended by the city of Glendora in Chapter 19.08 of the Glendora Municipal Code.

§ 14.34.120 Emergency water conservation drought condition.

Water Conservation Landscape Design Standards. All development proposals that are subject to review by the department of planning and redevelopment, project review committee or planning commission shall be required to install drought resistant landscaping in compliance with Section 21.03.060 of the Glendora Municipal Code. Each development proposal not subject to such review shall comply with such other water conservation landscape requirements as may be adopted by the department of planning and redevelopment.

(Ord. 1895 § 1, 2008)

An emergency water drought condition may be ordered by the city council in order to comply with the Governor's Executive Order B-29-15, which is implemented by the State Water Resources Control Board's adoption of Resolution 2015-0032 detailing emergency regulations for a statewide twenty-five percent reduction in potable urban water use, and other emergency water drought orders and regulations ordered by the Governor or other state boards or agencies.

Prior to implementation of an emergency water drought condition as provided in this chapter, the city council may, upon finding that a need to order an emergency water drought condition exists, order an emergency water drought condition, or other measures which it deems appropriate to address the water shortage emergency. Said order shall be made by resolution and shall be published one time only in a daily newspaper of general circulation and shall become effective immediately upon such adoption. The provisions of this section shall take effect immediately upon the effective date of the city council's resolution.

Upon order of an emergency water drought condition and for as long as that condition exists, the following water use regulations, and such other regulations as may be adopted by resolution of the city council, shall apply to all use of water that is provided by or through the water distribution facilities of the city:

Each of the stage one drought condition regulations shall be applicable as long as they are not in conflict with more restrictive regulations of the emergency water conservation regulations.

All residential users, inclusive of single-family, and multi-family two to four units shall reduce their water consumption to the R-GPCD consumption levels set forth in a formal resolution adopted by the city council, which will comply with the state of California mandated consumption reduction level regulations.

All nonresidential users with landscape areas greater than five hundred square feet shall reduce their water consumption by twenty-five percent compared to the same billing months from the year 2013.

All nonresidential users with no landscape areas of five hundred square feet or less shall reduce their water consumption by ten percent compared to the same billing months from the year 2013.

All outdoor ornamental turf watering shall be limited as follows:

No more than a total of thirty minutes per station per week.

No station shall run more than six minutes per station per cycle.

A cycle must be complete with water shutoff for at least forty-five minutes before a new cycle can begin.

To prevent the waste and unreasonable use of water and to promote water conservation, each of the following actions is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency:

The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;

The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use;

The application of potable water to driveways and sidewalks;

(D)

The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system;

(E)

The application of potable water to outdoor landscapes during and within forty-eight hours after measurable rainfall;

(F)

The serving of drinking water other than upon request in eating or drinking establishments, including, but not limited to, restaurants, hotels, cafés, cafeterias, bars, or other public places where food or drink are served and/or purchased;

(G)

The irrigation with potable water of ornamental turf on public street medians; and

(H)

The irrigation with potable water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development.

All operators of hotels, motels, or other commercial establishments offering lodgings shall provide guests with the option of choosing not to have towels and linens laundered daily. The operators of these facilities shall prominently display notice of this option in each guestroom using clear and easily understood language and ensure such notices are maintained.

The city manager or designee is hereby authorized to implement all necessary measures or actions mandated or required to meet water conservation mandates imposed by the California State Water Resources Control Board or other state agencies without any further action by the city council. All such actions shall be reported to the city council for adoption by resolution prior to implementation.

Violation of the emergency water drought condition regulations shall be punishable as an infraction or misdemeanor as set forth herein. Every person who violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which the violation is committed, continued or permitted by such person. Violations shall be punishable as follows:

The director or designee shall give first-time violators a courtesy notice of the violation. The courtesy notice shall specify the nature of the violation(s), the date on which it occurred, the corrective measures to be performed, and notice that the violator shall:

Perform the corrective action;

Request a water use efficiency audit with the city within ten days; and

Undertake the relevant corrective action within ten days after completion of the water use efficiency audit.

Upon a second violation the violation by the water account holder shall be punishable as an infraction. The director or designee shall issue a written notice of violation to the account holder for the property where the violation occurred or is occurring, and impose a fine in the amount of two hundred fifty dollars.

Failure to comply with the corrective actions identified in the remedial water use efficiency audit in the first violation shall be deemed second violation subject to a two hundred fifty dollar fine.

Failure to comply with the corrective actions identified in the remedial water use efficiency audit in the first violation shall be deemed a separate violation every three days thereafter until the corrective action is completed.

Upon a third violation the violation by the water account holder shall be punishable as an infraction. The director shall issue a written notice of violation to the account holder for the property where the violation occurred or is occurring, and impose a fine in the amount of one thousand dollars.

Violations of the emergency water drought condition regulations may result in the city installing a flow restrictor on the service to the property where the violation occurred or is occurring, for a period to be determined by the director.