The city manager or designee shall develop administrative standards
and guidelines, including policies, procedures and technical details,
to carry out the purposes of this chapter. The guidelines, including
policies and procedures, shall be compiled in a separate document
referred to as the Malibu Recycled Water Use Guidelines.
(Ord. 446 § 2, 2019)
A.
No
individual or entity shall use recycled water except in compliance
with all conditions of a valid recycled water use permit.
B.
The
city manager or designee shall issue a recycled water use permit if
the application complies with the following requirements: (1) plans,
or evidence of an existing system, are submitted that demonstrate
compliance with all applicable recycled water standards, guidelines,
codes, ordinances, policies, and any special site-specific requirements
that may be identified; and (2) a recycled water use permit for the
property has not been revoked in the past 12 months, or the city manager
or designee has waived this requirement based on the applicant not
being at fault for the revocation.
C.
The
recycled water use permit grants permission to use recycled water
in conformance with the city's recycled water standards, guidelines,
codes, ordinances, and policies, including any special site-specific
requirements and conditions that may be identified. The recycled water
use permit is not transferable between people or properties and is
valid for a period not to exceed four years.
D.
The
recycled water permit may be revoked at any time by the city manager
or designee for violation of the permit conditions or to protect the
public health and safety.
E.
If
an applicant or permittee is aggrieved by any action to deny or revoke
a permit by the city manager or designee, such applicant or permittee
shall have the right to appeal such decision to the city council pursuant
to the following appeal procedures:
1.
An
appeal shall be filed with the city clerk within 10 days following
the date of action for which an appeal is made.
2.
Appeals
shall be addressed to the city council on a form prescribed by the
city. The appeal shall state the basis of the appeal. Only matters
raised in the appeal shall be subject to review. Any matter not raised
in the appeal shall not be subject to consideration by the city council.
Although the issues on appeal will be limited by the appeal, the city
council will accept new evidence (de novo appeal) and will not be
bound by the previous record.
3.
Appeals
shall be accompanied by the filing fee as specified by the city. An
appeal must identify the decision or portion of the decision being
appealed and state the specific grounds for the appeal. An appellant
shall have an additional 10 days following the date of filing the
appeal to submit to the city clerk in writing, the specific grounds
for the appeal. If the appellant does not submit grounds for the appeal
within the time allowed by this section, the city clerk shall return
the filing fee and the appeal shall be deemed to have been withdrawn.
4.
In
the event that an appeal results in a deadlock vote by the city council,
the decision by the city manager or her or his designee shall be final.
(Ord. 446 § 2, 2019)
In addition to any criminal, civil or other legal remedy established by law that may be pursued to address violations of the municipal code, violations of the provisions of this chapter are subject to the administrative penalty provisions of Chapter 1.10.
(Ord. 446 § 2, 2019)
