A.
This chapter establishes water management requirements necessary
to accomplish the following:
1.
Conserve water;
2.
Enable effective water supply planning;
3.
Assure reasonable and beneficial use of water;
4.
Prevent waste of water;
5.
Prevent unreasonable use of water;
6.
Prevent unreasonable method of use of water within the CMWD in order
to assure adequate supplies of water to meet the needs of the public;
and
7.
Further the public health, safety, and welfare, recognizing that
water is a scarce natural resource that requires careful management
not only in times of drought, but at all times.
B.
This chapter establishes regulations to be implemented during times
of declared water shortages, or declared water shortage emergencies.
It establishes 6 levels of drought response actions to be implemented
in times of shortage, with increasing restrictions on water use in
response to worsening drought conditions and decreasing available
supplies.
C.
Level 1 condition drought response measures are voluntary and will
be reinforced through local and regional public education and awareness
measures that may be funded in part by, CMWD.
D.
During drought response condition Levels 2 through 6, all conservation
measures and water-use restrictions are mandatory and become increasingly
restrictive to attain escalating conservation goals.
E.
During a drought response condition Level 2 or higher, the water
conservation measures and water use restrictions established by this
chapter are mandatory and violations are subject to criminal, civil,
and administrative penalties and remedies specified in this chapter
and as provided in this code.
(Ord. 44 § 1,
2009; Ord. 48 § 1; 2022; Ord. 49, 7/16/2024)
The following words and phrases whenever used in this chapter
shall have the meaning defined in this section:
means the Carlsbad Municipal Water District.
refers to those engaged in the growing or raising, in conformity
with recognized practices of husbandry, for the purpose of commerce,
trade, or industry, or for use by public educational or correctional
institutions, of agricultural, horticultural, or floricultural products,
and produced: (1) for human consumption or for the market; or (2)
for the feeding of fowl or livestock produced for human consumption
or for the market; or (3) for the feeding of fowl or livestock for
the purpose of obtaining their products for human consumption or for
the market. "Grower" does not refer to customers who purchase water
subject to the Metropolitan Interim Agricultural Water Program or
the Water Authority Special Agricultural Rate programs.
means the Metropolitan Water District of Southern California.
means any natural person, corporation, public or private
entity, public or private association, public or private agency, government
agency or institution, school district, college, university, or any
other user of water provided by the CMWD.
means the San Diego County Water Authority.
means the Water Authority's Water Shortage Contingency
Plan or CMWD's Water Shortage Contingency Plan, as specified,
in existence on the effective date of this ordinance and as readopted
or amended from time to time, or an equivalent plan of the Water Authority
to manage or allocate supplies during shortages.
(Ord. 44 § 2,
2009; Ord. 48 § 2, 2022; Ord. 49, 7/16/2024)
The following water conservation measures will be in effect
at all times:
A.
Stop washing down paved surfaces, including, but not limited to,
sidewalks, driveways, parking lots, tennis courts, or patios except
when it is necessary to alleviate safety or sanitation hazards.
B.
Stop water waste resulting from inefficient landscape irrigation,
such as runoff, low head drainage, or overspray, etc. Similarly, stop
water flows onto non-targeted areas, such as adjacent property, non-irrigated
areas, hardscapes, roadways, or structures.
C.
Use a hand-held hose equipped with a positive shut-off nozzle or
bucket to water landscaped areas, including trees and shrubs located
on residential and commercial properties that are not irrigated by
a landscape irrigation system.
D.
Use re-circulated water to operate ornamental fountains.
E.
Wash vehicles using a bucket and a hand-held hose with positive shut-off
nozzle, mobile high pressure/low volume wash system, or at a commercial
site that re-circulates (reclaims) water on site. Avoid washing during
hot conditions when additional water is required to due to evaporation.
F.
Serve and refill water in restaurants, bars, and other food service
establishments only upon request.
G.
Offer guests in hotels, motels, and other commercial lodging establishments
the option of not laundering towels and linens daily.
H.
Use recycled or non-potable water for construction purposes when
available and economically feasible.
(Ord. 44 § 3,
2009; Ord. 48 § 3; 2022; Ord. 49, 7/16/2024)
A.
The provisions of this chapter apply to any person in the use of
any water provided by the CMWD.
B.
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. Please refer to
the City of Carlsbad or the Regional Water Quality Control Board for
information on any stormwater ordinances and stormwater management
plans.
C.
Nothing in this chapter is intended to affect or limit the ability
of the CMWD to declare and respond to an emergency, including an emergency
that affects the ability of the CMWD to supply water.
D.
The provisions of this chapter do not apply to use of water from
private wells or to recycled water.
E.
Nothing in this chapter shall apply to use of water that is subject
to a special supply program, such as the Water Authority's Special
Agricultural Water Rate Program. Violations of the conditions of special
supply programs are subject to the penalties established under the
applicable program. A person using water subject to a special supply
program and other water provided by the CMWD is subject to this chapter
in the use of the other water.
(Ord. 44 § 4,
2009; Ord. 48 § 4, 2022; Ord. 49, 7/16/2024)
The CMWD General Manager, or a designated representative, is
hereby authorized and directed to implement the provisions of this
chapter.
(Ord. 44 § 5,
2009; Ord. 48 § 5, 2022; Ord. 49, 7/16/2024)
A.
A Drought Response Level 1 condition applies when the Water Authority
notifies its member agencies, or the Executive Manager, upon recommendation
of the General Manager, otherwise declares, that, due to drought or
other supply reductions, there is a reasonable probability there will
be supply shortages and that a consumer demand reduction of up to
ten percent is required in order to have sufficient supplies available
to meet anticipated demands. The Executive Manager, upon recommendation
of the General Manager, shall declare the existence of a Drought Response
Level 1 and take action to implement the Level 1 conservation practices
identified in this chapter.
B.
During a Drought Response Level 1 condition, CMWD will increase its
public education and outreach efforts to emphasize increased public
awareness of the need to implement the following water conservation
practices. The same water conservation practices become mandatory
if CMWD declares a Level 2 Drought Condition:
1.
Irrigate residential and commercial landscape before ten a.m. and
after six p.m. only. Watering is permitted at any time when a drip/micro-irrigation
system/equipment is used.
2.
Irrigate nursery and commercial grower's products before ten
a.m. and after six p.m. only. Watering is permitted at any time with
a hand-held hose equipped with a positive shut-off nozzle, a bucket,
or when a drip/micro-irrigation system/equipment is used. Irrigation
of nursery propagation beds is permitted at any time. Watering of
livestock is permitted at any time.
3.
Repair all water leaks within five days of notification by the CMWD
unless other written arrangements are made with the General Manager
or designee.
C.
During a Drought Response Level 2 condition or higher, all persons
shall be required to implement the conservation practices established
in Drought Response Level 1 condition.
(Ord. 44 § 6,
2009; Ord. 48 § 6, 2022; Ord. 49, 7/16/2024)
A.
A Drought Response Level 2 condition applies when the Water Authority
notifies its member agencies, or the CMWD Board of Directors otherwise
declares that due to cutbacks caused by drought or other reduction
in supplies, a consumer demand reduction of up to twenty percent is
required in order to have sufficient supplies available to meet anticipated
demands. The CMWD Board of Directors shall declare the existence of
a Drought Response Level 2 condition and implement the mandatory Level
2 conservation measures identified in this chapter.
B.
All persons using CMWD water shall comply with Level 1 water conservation
practices during a Drought Response Level 2 condition, and shall also
comply with the following additional conservation measures:
1.
Limit residential and commercial landscape irrigation to no more
than three assigned days per week on a schedule established by the
General Manager and posted by the CMWD. This subsection shall not
apply to commercial growers and nurseries.
2.
Limit lawn watering and landscape irrigation using sprinklers to
no more than ten minutes per watering station per assigned day. This
provision does not apply to landscape irrigation systems using water
efficient devices, including, but not limited to: weather-based controllers,
drip/micro-irrigation systems, and stream rotor sprinklers.
3.
Water landscaped areas, including trees and shrubs located on residential
and commercial properties, and not irrigated by a landscape irrigation
system governed by Section 3.12.060(B)(1), on the same schedule set
forth in Section 3.12.060(B)(1) by using a bucket, hand-held hose
with positive shut-off nozzle, or low-volume non-spray irrigation.
4.
Repair all leaks within seventy-two hours of notification by the
CMWD unless other written arrangements are made with the General Manager
or designee.
5.
Stop operating ornamental fountains or similar decorative water features
unless recirculated water is used.
(Ord. 44 § 7,
2009; Ord. 46 § 2, 2009; Ord. 48 § 7, 2022; Ord. 49, 7/16/2024)
A.
A Drought Response Level 3 condition applies when the Water Authority
notifies its member agencies, or the CMWD Board of Directors otherwise
declares, that due to increasing cutbacks caused by drought or other
reduction of supplies, a consumer demand reduction of up to thirty
percent is required in order to have sufficient supplies available
to meet anticipated demands. The CMWD Board of Directors shall declare
the existence of a Drought Response Level 3 condition and implement
the Level 3 conservation measures identified in this chapter.
B.
All persons using CMWD water shall comply with Level 1 and Level
2 water conservation practices during a Drought Response Level 3 condition
and shall also comply with the following additional mandatory conservation
measures:
1.
Limit residential and commercial landscape irrigation to no more
than two assigned days per week on a schedule established by the General
Manager and posted by the CMWD. This subsection shall not apply to
commercial growers or nurseries.
2.
Water-landscaped areas, including trees and shrubs located on residential
and commercial properties, and not irrigated by a landscape irrigation
system governed by Section 3.12.070(B)(2), on the same schedule set
forth in Section 3.12.070(B)(1) by using a bucket, hand-held hose
with a positive shut-off nozzle, or low-volume non-spray irrigation.
3.
Stop washing vehicles except at commercial carwashes that re-circulate
water, or by high pressure/low volume wash systems.
4.
Repair all leaks within forty-eight hours of notification by the
CMWD unless other written arrangements are made with the General Manager
or designee.
C.
Upon the declaration of a Drought Response Level 3 condition, the
CMWD will suspend consideration of annexations to its service area.
D.
The CMWD Board of Directors may establish a water allocation for
property served by the CMWD using a method that does not penalize
persons for the implementation of conservation methods or the installation
of water saving devices. If the CMWD Board of Directors establishes
a water allocation it shall provide notice of the allocation by including
it in the regular billing statement for the fee or charge or by any
other mailing to the address to which the CMWD customarily mails the
billing statement for fees or charges for on-going water service.
Following the effective date of the water allocation as established
by the CMWD Board of Directors, any person that uses water in excess
of the allocation shall be subject to a penalty in the amount equal
to the penalty rate established by the Metropolitan Water District
of Southern California for each billing unit of water in excess of
the allocation. The penalty for excess water usage shall be cumulative
to any other remedy or penalty that may be imposed for violation of
this chapter.
(Ord. 44 § 8,
2009; Ord. 46 § 2, 2009; Ord. 48 § 8, 2022; Ord. 49, 7/16/2024)
A.
A Drought Response Level 4 condition applies when the Water Authority
notifies its member agencies or the CMWD Board of Directors otherwise
declares, that due to increasing cutbacks caused by drought or other
reduction of supplies, a consumer demand reduction of up to forty
percent is required in order to have sufficient supplies available
to meet anticipated demands. The CMWD Board of Directors shall declare
the existence of a Drought Response Level 4 condition and implement
the Level 4 conservation measures identified in this chapter.
B.
All persons using CMWD water shall comply with Level 1, Level 2,
and Level 3 water conservation practices during a Drought Response
Level 4 condition and shall also comply with the following additional
mandatory conservation measures:
1.
Stop filling or re-filling lakes or ponds, 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 the declaration of a drought response level under this ordinance.
(Ord. 44 § 9,
2009; Ord. 48 § 9, 2022; Ord. 49, 7/16/2024)
A.
A Drought Response Level 5 condition applies when the Water Authority
notifies its member agencies, or the CMWD Board of Directors otherwise
declares, that due to increasing cutbacks caused by drought or other
reduction of supplies, a consumer demand reduction of up to fifty
percent is required in order to have sufficient supplies available
to meet anticipated demands. The CMWD Board of Directors shall declare
the existence of a Drought Response Level 5 condition and implement
the Level 5 conservation measures identified in this ordinance.
B.
All persons using CMWD water shall comply with conservation measures
required during Level 1, Level 2, Level 3, and Level 4 conditions
and shall also comply with the following additional mandatory conservation
measures:
1.
Stop all landscape irrigation, except crops and landscape products
of commercial growers and nurseries. This restriction shall not apply
to the following categories of use unless the CMWD has determined
that recycled water is available and may be lawfully applied to the
use.
a.
Maintenance of trees and shrubs that are watered on the same
schedule set forth in Section 3.12.080(B)(1) by using a bucket, hand-held
hose with a positive shut-off nozzle, or low-volume non-spray irrigation;
b.
Maintenance of existing landscaping necessary for fire protection
as specified by the Fire Marshal of the local fire protection agency
having jurisdiction over the property to be irrigated;
c.
Maintenance of existing landscaping for erosion control;
d.
Maintenance of plant materials identified to be rare or essential
to the wellbeing of rare animals;
e.
Maintenance of landscaping within active public parks and playing
fields, day care centers, schools' grounds, cemeteries, and golf
course greens, provided that such irrigation does not exceed two days
per week according to the schedule established under Section 3.12.080(B)(1).
f.
Watering of livestock; and
g.
Public works projects and actively irrigated environmental mitigation
projects.
2.
Repair all water leaks within twenty-four hours of notification by
the CMWD unless other arrangements are made with the General Manager
or designee.
C.
The CMWD Board of Directors may establish a water allocation for
property served by the CMWD. If the CMWD Board of Directors establishes
a water allocation it shall provide notice of the allocation by including
it in the regular billing statement for the fee or charge or by any
other mailing to the address to which the CMWD customarily mails the
billing statement for fees or charges for on-going water service.
Following the effective date of the water allocation as established
by the CMWD Board of Directors, any person that uses water in excess
of the allocation shall be subject to a penalty in the amount equal
to the penalty rate established by the Metropolitan Water District
of Southern California for each billing unit of water in excess of
the allocation. The penalty for excess water usage shall be cumulative
to any other remedy or penalty that may be imposed for violation of
this Code.
D.
Upon the declaration of a Drought Response Level 5 condition, no
new potable water service shall be provided, no new temporary meters
or permanent meters shall be provided, and no statements of immediate
ability to service or provide potable water service (such as, will
serve letters, certificates, or letters of availability) shall be
issued, except under the following circumstances:
1.
A valid, unexpired building permit has been issued for the project;
2.
The project is necessary to protect the public's health, safety,
and welfare; or
3.
The applicant provides substantial evidence of an enforceable commitment
that water demands for the project will be offset prior to the provision
of a new water meter(s) to the satisfaction of CMWD.
|
Nothing in this section shall be construed to preclude the resetting
or turn-on of meters to provide continuation of water service or to
restore service that has been interrupted for a period of one year
or less.
|
(Ord. 48 § 10,
2022; Ord. 49, 7/16/2024)
A.
A Drought Response Level 6 condition applies when the Water Authority,
or the CMWD Board of Directors, declares a water shortage emergency
pursuant to California Water Code Section 350 and that Level 6 requires
a demand reduction of more than fifty percent in order for the CMWD
to have maximum supplies available to meet anticipated demands. The
CMWD shall declare the existence of a Drought Emergency in the manner
and on the grounds provided in California Water Code Section 350.
B.
All persons using CMWD water shall comply with conservation measures
required during Level 1, Level 2, Level 3, Level 4, and Level 5 conditions
and shall also comply with the following additional mandatory conservation
measures:
1.
Stop all landscape irrigation, except crops and landscape products
of commercial growers and nurseries. This restriction shall not apply
to the following categories of use unless the CMWD has determined
that recycled water is available and may be lawfully applied to the
use.
a.
Maintenance of existing landscaping necessary for fire protection
as specified by the Fire Marshal of the local fire protection agency
having jurisdiction over the property to be irrigated;
b.
Maintenance of existing landscaping for erosion control;
c.
Maintenance of plant materials identified to be rare or essential
to the well-being of rare animals;
d.
Watering of livestock; and
e.
Public works projects and actively irrigated environmental mitigation
projects.
(Ord. 48 § 11,
2022; Ord. 49, 7/16/2024)
A.
The correlation between the Water Authority's WSCP shortage
levels and the CMWD's drought response levels identified in this
chapter is described in this section. Under WSCP Shortage Level 1,
the CMWD would implement Drought Response Level 1 actions. Under WSCP
Shortage Level 2, the CMWD would implement Drought Response Level
1 and Level 2 actions. Under WSCP Shortage Level 3, the CMWD would
implement Drought Response Level 1, Level 2 and Level 3 actions. Under
WSCP Shortage Level 4, the CMWD would implement Drought Response Level
1, Level 2, Level 3, and Level 4 actions. Under WSCP Shortage Level
5, the CMWD would implement Drought Response Level 1, Level 2, Level
3, Level 4, and Level 5 actions. Under WSCP Shortage Level 6, the
CMWD would implement Drought Response Level 1, Level 2, Level 3, Level
4, Level 5 and Level 6 actions.
B.
The drought response levels identified in this chapter correspond
with the Water Authority WSCP as identified in the following table:
|
Drought Response/WSCP Shortage Levels
|
Use Restrictions
|
Conservation Target
|
|---|---|---|
|
1
|
Voluntary
|
Up to 10%
|
|
2
|
Mandatory
|
Up to 20%
|
|
3
|
Mandatory
|
Up to 30%
|
|
4
|
Mandatory
|
Up to 40%
|
|
5
|
Mandatory
|
Up to 50%
|
|
6
|
Mandatory
|
Above 50%
|
(Ord. 44 § 10,
2009; Ord. 48 § 12, 2022; Ord. 49, 7/16/2024)
A.
The existence of a Drought Response Level 1 may be declared by the
Executive Manager upon a written determination of the existence of
the facts and circumstances supporting the determination. A copy of
the written determination shall be filed with the Secretary of the
CMWD and provided to the CMWD Board of Directors. The CMWD may publish
a notice of the determination of existence of Drought Response Level
1 condition in one or more newspapers, including a newspaper of general
circulation within the CMWD. The CMWD may also post notice of the
condition on their website.
B.
The existence of Drought Response Level 2, Level 3, Level 4 or Level
5 conditions may be declared by resolution of the CMWD Board of Directors
adopted at a regular or special public meeting held in accordance
with State law. The mandatory conservation measures applicable to
Drought Response Level 2, Level 3, Level 4 or Level 5 conditions shall
take effect on the tenth day after the date the response level is
declared. Within five days following the declaration of the response
level, the CMWD shall publish a copy of the resolution in a newspaper
of general circulation used for publication of official notices. If
the CMWD establishes a water allocation, it shall provide notice of
the allocation by including it in the regular billing statement for
the fee or charge or by any other mailing to the address to which
the CMWD customarily mails the billing statement for fees or charges
for on-going water service. Water allocation shall be effective of
the fifth day following the date of mailing or at such later date
as specified in the notice.
C.
The existence of a Drought Response Level 6 condition may be declared
in accordance with the procedures specified in California Water Code
Sections 351 and 352. The mandatory conservation measures applicable
to Drought Response Level 6 conditions shall take effect on the tenth
day after the date the response level is declared. Within five days
following the declaration of the response level, the CMWD shall publish
a copy of the resolution in a newspaper of general circulation used
for publication of official notices.
D.
The CMWD Board of Directors may declare an end to a drought response
level by the adoption of a resolution at any regular or special meeting
held in accordance with State law.
(Ord. 44 § 11,
2009; Ord. 48 § 13, 2022; Ord. 49, 7/16/2024)
A.
If, due to unique circumstances, a specific requirement of this chapter
would result in undue hardship to a person using agency water or to
property upon which agency water is used, that is disproportionate
to the impacts to CMWD water users generally or to similar property
or classes of water uses, then the person may apply for a variance
to the requirements as provided in this section.
B.
The variance may be granted or conditionally granted, only upon a
written finding of the existence of facts demonstrating an undue hardship
to a person using agency water or to property upon which agency water
is used, that is disproportionate to the impacts to CMWD 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.
Hardship variances shall also be subject to the following requirements:
1.
Application. Application for a variance shall be on a form prescribed
by the CMWD General Manager and shall be accompanied by a non-refundable
processing fee in an amount set by resolution of the CMWD Board of
Directors.
2.
Supporting Documentation. The application shall be accompanied by
photographs, maps, drawings, and other information, including a written
statement of the applicant.
3.
Required Findings for Variance. An application for a variance shall
be denied unless the General Manager 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 CMWD, all of the following:
a.
That the variance does not constitute a grant of special privilege
inconsistent with the limitations upon other CMWD customers.
b.
That because of special circumstances applicable to the person,
property or its use, the strict application of this chapter would
have a disproportionate impact on the person, property or use that
exceeds the impacts to customers generally.
c.
That the authorizing of such variance will not be of substantial
detriment to adjacent properties, and will not materially affect the
ability of the CMWD to effectuate the purpose of this chapter and
will not be detrimental to the public interest.
d.
That the condition or situation of the subject person, property
or the intended use of the property for which the variance is sought
is not common, recurrent or general in nature.
4.
Approval Authority. The General Manager or designee shall exercise
approval authority and act upon any completed application no later
than ten calendar days after submittal. The General Manager or designee
may approve, conditionally approve, or deny the variance. The applicant
requesting the variance shall be promptly notified in writing of the
action taken in response to the application. Unless otherwise specified
at the time a variance is approved, the variance applies to the subject
property during the term of the mandatory drought response level.
5.
Appeals to CMWD Executive Manager or designee(s). An applicant may appeal a decision or condition of the General Manager on a variance application to the CMWD Executive Manager or designee(s). An appeal requesting a hearing may only be filed within ten calendar days of the date of the General Manager's written decision. The request shall state the grounds for the appeal. At the appeal hearing, the CMWD Executive Manager or designee(s) shall act as the approval authority and review the appeal de novo by applying the regular variance requirements described in Section 3.12.140(A) and (B)(1)-(4). The decision of the CMWD Executive Manager or designee(s) is final.
(Ord. 44 § 12,
2009; Ord. 48 § 14, 2022; Ord. 49, 7/16/2024)
A.
Any person, who uses, causes to be used, or permits the use of water
in violation of this chapter is guilty of an offense punishable as
provided in this section.
B.
Each day that a violation of this chapter occurs is a separate offense.
C.
Administrative fines may be levied for each violation of a provision
of this chapter as follows:
1.
For the first violation by any customer of any of the provisions
of the ordinances codified herein, the CMWD shall verbally notice
the fact of such violation to the customer.
2.
For a second violation by any customer of any of the provisions of
the ordinances codified herein, the CMWD shall issue a written notice
of the fact of such violation to the customer.
3.
For a third violation by a customer of any provision of this chapter
the CMWD may install a flow-restricting device of one gallon per minute
(1 GPM) capacity for services of up to one and one-half inch size.
CMWD may also install a restricting device of comparatively sized
restrictors for larger services upon a prior determination that the
customer has repeatedly violated the provisions of this chapter regarding
the conservation of water and that such action is reasonably necessary
to assure compliance with this chapter regarding the conservation
of water. In addition, the CMWD may levy an administrative fine of
one hundred dollars for a third violation of this chapter.
4.
Two hundred dollars for a fourth violation of any provision of this
chapter within one year.
5.
Five hundred dollars for each additional violation of this chapter
within one year.
D.
If determined by the CMWD's General Counsel to be necessary
and appropriate, in lieu of administrative remedies above, each 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 as provided in Water Code
Section 377.
E.
Willful violations of the mandatory conservation measures and water use restrictions as set forth in Section 3.12.110 and applicable during a Drought Response Level 6 condition may be enforced by discontinuing service to the property at which the violation occurs as provided by Water Code Section 356.
F.
All remedies provided for in this section shall be cumulative and
not exclusive.
G.
Any customer against whom a penalty is levied pursuant to this section
shall have the right to appeal as follows:
1.
The request must be in writing and received by the General Manager
within ten calendar days of the postmark mailing of the notice of
the action to the customer. Any determination not timely appealed
shall be final. The written request shall include:
a.
A description of the issue,
b.
Evidence supporting the claim, and
c.
A request for resolution of the dispute.
|
The General Manager will review the material submitted and make
an independent determination of the issue, which shall be mailed out
within fifteen calendar days of receipt of the appeal.
|
2.
The General Manager's determination may be appealed in writing
within ten calendar days of the postmark mailing of the notice of
determination to the Board of Directors of the CMWD by filing with
the Secretary of the CMWD a written notice of such appeal. The Secretary
shall set the matter for a hearing before the Board of Directors at
an upcoming Board meeting. Notice of the hearing shall be mailed out
to the person appealing the decision at least ten calendar days before
the date of the appeal hearing. The Board may, in its discretion,
affirm, reverse or modify the determination.
3.
Fees for filing an appeal under this section shall be established
by a resolution of the Board of Directors of the CMWD.
(Ord. 44 § 130,
2009; Ord. 48 § 15, 2022; Ord. 49, 7/16/2024)
