This chapter is intended to equitably allocate the water available
to Crescent City during a drought emergency to the end that sufficient
water will be available for human consumption, sanitation, and fire
protection. The specific uses regulated or prohibited in this chapter
are nonessential, if allowed would constitute wastage of water, and
should be prohibited pursuant to Water Code Section 350 et seq., Water
Code Section 71640 et seq., and the common law.
(Ord. 702, 2004; Ord. 788 § 5.1, 8-3-2015)
The city council has adopted a water shortage contingency plan.
The council reserves the right and power to amend or modify the water
shortage contingency plan from time to time by resolution, and may
likewise by resolution, establish and modify the penalties for violation
of any provision of this chapter.
(Ord. 788 § 5.2, 8-3-2015)
The provisions of this chapter take effect whenever the city
manager, upon an engineering analysis of city water supplies, or due
to state regulatory requirements, notices, or orders, finds and determines
that a water shortage emergency exists or is imminent within the Crescent
City water service area and a declaration of a water shortage emergency
is made by a resolution of the city council. The regulations authorized
under this chapter will remain in effect for the duration of the water
shortage as set forth in the resolution. The city manager is authorized
to go directly to any conservation stage necessary depending on the
drought conditions or water shortage. The city manager is further
authorized to act as quickly as needed to move through the conservation
stages, depending on the drought conditions or water shortage.
(Ord. 702, 2004; Ord. 788 § 5.3, 8-3-2015)
For the purpose of this chapter, the following definitions apply
unless the context clearly indicates or requires a different meaning.
means Crescent City, California.
means the elected council of the city.
means any person using water supplied by the city.
means any use not required for human consumption, sanitation,
or fire protection.
means any user other than a domestic residential customer
or facility providing for health and safety.
means any patio, porch, veranda, driveway, or sidewalk.
means any person, firm, partnership, association, corporation,
company, or organization of any kind.
means potable water provided by the city through its distribution
system.
(Ord. 788 § 5.4, 8-3-2015)
The provisions of this chapter apply to all city water customers
both inside and outside the city limits.
(Ord. 788 § 5.5, 8-3-2015)
Upon the declaration of a water shortage emergency by the city
council, the city manager shall determine the appropriate conservation
stage of the city's water shortage contingency plan to be implemented.
The city manager's decision must be based upon reliable information,
such an engineering analysis of city water supplies, or upon state
regulatory requirements, notices, or orders. The regulations set forth
in the city's water shortage contingency plan will remain in effect
for the duration of the water shortage as set forth in the resolution.
The city manager may go directly to any conservation stage, and change
the conservation stage when necessary, as indicated by the drought
conditions or water shortage.
(Ord. 788 § 5.6, 8-3-2015)
No water furnished by the city may be wasted. Waste of water
includes, but is not limited to, the following:
a.
Permitting
water to escape (run to waste) down a gutter, ditch, surface drain,
or otherwise;
b.
Failure
to repair a controllable leak of water; and
c.
Failure
to put to reasonable beneficial use any water withdrawn from the city's
system.
(Ord. 788 § 5.7, 8-3-2015)
No water furnished by the city may be used for any purpose declared
to be nonessential as determined by the city council in accordance
with the water shortage contingency plan for the Crescent City Service
Area, as amended from time to time.
(Ord. 702, 2004; Ord. 788 § 5.8, 8-3-2015)
The city manager may limit the amount of water delivered to
customers, whenever the city manager determines the water available
to Crescent City is insufficient to meet the demands of customers
of the city and that all water available to said city should be used
solely for human consumption, sanitation and fire protection. The
city manager may order limits be imposed on individual consumption
as determined and specified by resolution of the city council including
penalties. While this chapter is in effect, no additional water use
by a customer shall be permitted unless the city manager determines
that the health, safety, or welfare of the public might be endangered.
(Ord. 788 § 5.9, 8-3-2015)
Any customer violating the water conservation and rationing
provisions regulations set forth in this chapter, shall receive a
written warning for the first violation. Upon a second violation,
the customer shall receive a second written warning and the city may,
at its discretion, install a flow-restricting device on the customer's
water service. All costs to install and remove the flow-restricting
device shall be paid by the violating customer. Any willful violation
after issuance of the second written warning shall constitute a misdemeanor
and the city may, at its discretion, disconnect the water service.
(Ord. 702, 2004)
In addition to those provisions set forth in Section 13.17.040, any violator receiving a second written notice will be assessed a water service use surcharge for any "excessive use of water" which is defined as water use that exceeds the average water use for the account for the prior twenty-four months. The surcharge for the "excessive use of water" shall be double the account billing rate.
(Ord. 702, 2004)
For violations resulting in third written notices and continued
excessive use of water, the city may, at its discretion, disconnect
water service and not reinstate service until a specific water conservation
plan has been developed with the violating customer.
(Ord. 702, 2004)
Any decision or declaration made by the director of public works
under this section may be appealed to the city manager. Any decision
made by the city manager under this section may be appealed to the
city council. Any appeal shall be made in writing, setting forth the
nature of the disagreement with the decision or declaration made,
the reasons to support the disagreement, and the relief sought. Any
determination by the city council shall be final.
(Ord. 702, 2004)
The remedies available to the city to enforce this chapter are
in addition to any other remedies available under the city's municipal
code or any state statutes or regulations and do not replace or supplant
any other remedy but are cumulative.
(Ord. 702, 2004)
