Subchapter 4 Water Conservation

The City Manager is hereby authorized and directed to implement the applicable provisions of this article in order to protect the public health, safety and welfare.

§ 54.052 General prohibition; applicability.

The City Manager is hereby authorized and directed to implement the stages of action as set forth in the Urban Water Management Plan, Water Shortage Contingency Plan, developed and adopted pursuant to Cal. Water Code §§ 10620 et seq., (“Water Shortage Contingency Plan”) pursuant to the provisions of this article. The Water Shortage Contingency Plan includes any amendments that may be adopted from time to time.

[Ord. 1662, 10-15-2014]

No person shall use or permit the use of potable water provided by the City of Indio through the Indio Water Authority (“city”) for residential, commercial, industrial or any other purpose in violation of any provision of this article or in excess of the amount permitted by the stages of action of the Water Shortage Contingency Plan set forth in this article. The provisions of this article shall apply to all persons, customers and property served by the city wherever situated.

The provisions of this article do not apply to uses of water necessary to protect the public health and safety or for essential government services, such as police, fire, and other similar emergency services.

§ 54.053 Determination of water shortage.

The provisions of this article do not apply to the use of reclaimed or recycled water.

[Ord. 1662, 10-15-2014]

A water supply shortage exists when the City Manager determines that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. When the City Manager finds that such conditions have been satisfied, he or she shall recommend to the City Council that a resolution to declare the appropriate stage of action be adopted. The City Manager has discretion to determine that certain mandatory restrictions may be appropriate for implementation at an earlier stage and may recommend such restriction for implementation.

§ 54.054 Procedures.

[Ord. 1662, 10-15-2014; Ord. 1762, 7-21-2021]

In the event the City Manager determines that water supply conditions require the implementation of Stage II, Stage III, Stage IV, Stage V, or Stage VI of the Water Shortage Contingency Plan, or parts thereof, the following actions shall be taken:

The City Manager shall declare, at a noticed public hearing of the City Council, implementation of the appropriate stage of action as set forth in §§ 54.056 through 54.060.

The City Council shall adopt a resolution affirming the declaration made by the City Manager.

Within ten days after adoption of the resolution, the city shall publish a copy of the resolution in a newspaper used for the publication of official notices.

None of the restrictions contained in Stage II, Stage III, Stage IV, Stage V, or Stage VI of the Water Shortage Contingency Plan, shall be applicable and subject to enforcement until the City Council adopts a resolution imposing the restrictions at a duly noticed public hearing. Such restrictions shall continue until repealed by resolution of the City Council.

The City Manager shall direct staff to provide public education material and notices to all water users advising them of the actions taken by the City Manager and the water use restrictions included in the water stage of action.

§ 54.055 Stage I — Normal water supplies (up to 10% shortage range).

In the event that the City Manager declares, and the City Council approves, implementation of Stage VI of the Water Shortage Contingency Plan ("Severe Shortage or Catastrophic Incident"), the City Manager may also request specific reductions in water allocations to conserve water for the greatest public benefit. The City Council shall declare a Water Emergency in the manner and on the grounds provided in Cal. Water Code § 350 before the City Manager's requested reductions may take effect.

[Ord. 1662, 10-15-2014; Ord. 1762, 7-21-2021]

Stage I represents the normal operating condition where all persons are advised to use water wisely and practice water conservation measures to avoid wasting water. The City Manager or his or her designee has authority to declare a Stage I state of action without further action of the City Council. The following prohibitions and actions shall take effect in the event that the City Manager declares Stage I stage of action:

Applying any 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 shall be prohibited.

Using any water in a fountain or other decorative water feature shall be prohibited, except where the water is part of a recirculating system.

Applying water to driveways, sidewalks, concrete or asphalt shall be prohibited, unless to address immediate health and safety needs. Reasonable pressure washer or water broom use shall be permitted.

Spray irrigation of outdoor landscapes during and within 48 hours after rainfall of 0.10 inches shall be prohibited.

Using a hose to wash a vehicle, windows, or solar panels, shall be prohibited, unless an automatic shut-off nozzle or pressure washer is used.

Broken sprinklers shall be repaired within five business days of notification by city, and leaks shall be repaired as soon as practical.

Draining and refilling of private swimming pools shall be discouraged, unless necessary for health and safety or leak repair.

Hotels shall provide guests the option of choosing not to have towels and linens laundered daily.

§ 54.056 Stage II — Slightly limited water supplies (up to 20% shortage range).

City shall discourage overseeding.

(J)

City shall provide rebates for landscape efficiency.

(K)

City shall offer water use surveys/audits.

(L)

City shall provide rebates on plumbing fixtures and devices.

[Ord. 1662, 10-15-2014; Ord. 1681, 10-21-2015; Ord. 1762, 7-21-2021]

The following prohibitions and actions shall take effect in the event that the City Manager declares a Stage II stage of action:

Outdoor water use shall be prohibited during daylight hours for spray irrigation, except for leak checks or a city-approved conservation alternative plan.

City shall encourage use of non-potable water for construction, if available.

City shall actively discourage over-seeding.

Restaurants shall serve water only upon request.

Outdoor water budget shall be reduced by 10%.

City shall expand its public information campaign.

City shall increase water waste patrols.

§ 54.057 Stage III — Moderately limited water supplies (up to 30% shortage range).

City shall reduce frequency of hydrant and dead end line flushing.

[Ord. 1662, 10-15-2014; Ord. 1673, 5-20-2015; Ord. 1762, 7-21-2021]

The following prohibitions and actions shall take effect in the event that the City Manager declares a Stage III stage of action:

Outdoor water use shall be allowed three days a week for spray irrigation (Monday, Wednesday, Friday).

Drip or subterranean irrigation shall be allowed seven days per week during non-daylight hours.

Commercial nurseries shall use water only on alternate days during non-daylight hours for outside operations.

Decorative ponds, non-irrigation system golf course water hazards, fountains, and other waterscape features shall not to be filled or replenished.

Swimming pools or landscaping ponds shall not be filled, unless necessary for health and safety or leak repair.

City shall encourage counties, cities, Homeowner Associations (HOAs) and other enforcement agencies to suspend code enforcement and fines for brown turf areas and to otherwise comply with new state laws regarding limitations on such enforcement.

Commercial car washes shall use recycled water or recirculating water systems.

Spray irrigation of medians and parkways shall be prohibited.

§ 54.058 Stage IV — Limited water supplies (up to 40% shortage range).

City shall strengthen customer billing messages with use comparisons.

(J)

City shall implement water use audits targeted to key customers to ensure compliance with directives.

(K)

City shall expand rebate programs.

[Ord. 1662, 10-15-2014; Ord. 1762, 7-21-2021]

The following prohibitions and actions shall take effect in the event that the City Manager declares a Stage IV stage of action:

Turfgrass landscapes shall not be watered, except where subterranean or non-potable watering systems are used.

City shall implement a moratorium on new turfgrass landscaping.

City shall implement or modify drought rate surcharge.

Outdoor water budget shall be reduced by up to 25%.

§ 54.059 Stage V — Significantly limited water supplies (up to 50% shortage range).

City shall expand public information campaign.

[Ord. 1762, 7-21-2021]

The following prohibitions and actions shall take effect in the event that the City Manager declares a Stage V stage of action:

Watering turfgrass shall be prohibited.

Turfgrass at parks and school grounds shall be watered with recycled water, if available, or not at all.

Golf course greens and school grounds shall be watered no more than two times per week during non-daylight hours with recycled water, or not at all.

Trees, desert plants and shrubs shall be watered only with drip, subterranean or non-adjustable bubbler irrigation systems during non-daylight hours.

Outdoor water budget shall be reduced by up to 50%.

City shall implement a moratorium or net zero demand on new connections.

New construction meters for water service shall not be issued.

Water service through construction meters shall not be made available.

§ 54.060 Stage VI — Severe shortage or catastrophic incident (greater than 50% shortage range).

The use of misting systems shall be prohibited.

[Ord. 1762, 7-21-2021]

The following prohibitions and actions shall take effect in the event that the City Manager declares a Stage VI stage of action:

Commercial nurseries shall discontinue all use of potable water for watering and irrigation.

Watering of livestock shall be permitted, as necessary.

Outdoor watering shall be prohibited.

Initial filling of swimming pools or landscaping ponds shall be prohibited.

Restaurants shall use disposable cups, plates, and utensils.

Mandatory rationing shall be implemented.

§ 54.061 Penalties.

[Ord. 1662, 10-15-2014; Ord. 1762, 7-21-2021]

Violation of the water use restrictions of §§ 54.056 through 54.060 shall be penalized as follows:

First violation. The Indio Water Authority General Manager or his designee (“General Manager”) shall issue a written notice of the fact of a first violation to the person.

Second violation. For a second violation during any one water shortage declaration, the General Manager may impose a surcharge in the amount equal to 25% of the person’s water bill.

Third violation. For a third violation during any one water shortage declaration, the General Manager may impose a surcharge in the amount equal to 50% of the person’s water bill.

Fourth and subsequent violation. For a fourth and each subsequent violation during any one water shortage declaration, the General Manager may install a flow restricting device of one (1) gallon per minute capacity for services up to one and one-half (1-1/2) inch size, and comparatively sized restrictors for larger services, on the service of the person at the premises at which the violation occurred for a period of not less than forty-eight (48) hours. The city shall charge the person the reasonable costs incurred for installing and for restoration of normal service. Normal service shall not be restored until all the account has been made current and all charges have been paid. In addition, the surcharge provided in division (A)(3) of this section shall continue to apply.

In addition to any penalties imposed herein, a fourth or subsequent violation during any one water shortage declaration of the water use restrictions of §§ 54.056 through 54.060 shall also constitute a misdemeanor unless, at the discretion of the City Prosecutor, the violation is charged as an infraction.

Notice of the violation shall be provided as follows:

Notice of a first violation shall be given in writing by regular mail.

Notice of second or subsequent violations shall be given in writing in the following manner:

(a)

By giving the notice to the customer personally; or

(b)

If the customer is absent from or unavailable at the premises at which the violation occurred, by leaving a copy with some person of suitable age and discretion at the premises and sending a copy through the regular mail to the address at which the customer is normally billed; or

(c)

If a person of suitable age or discretion cannot be found, by affixing a copy in a conspicuous place at the premises at which the violation occurred and also sending a copy through the regular mail to the address at which the customer is normally billed.

The notice shall contain a description of the facts of the violation, a statement of the possible penalties for each violation, and a statement informing the customer of the right to a hearing on the merits of violation pursuant to § 54.063.

§ 54.062 Relief from compliance.

[Ord. 1662, 10-15-2014; Ord. 1762, 7-21-2021]

A person may file an application for relief from any provision of this article. The City Manager shall develop such procedures as necessary to resolve such application for relief, and shall take reasonable steps to resolve the application for relief. The decision of the City Manager shall be final. The City Manager may delegate these duties and responsibilities under this section as appropriate.

The application for relief may include a request that the person be relieved, in whole or in part, from the water use restrictions of this article.

In determining whether to grant relief and the nature of any relief, the City Manager shall take into consideration all relevant factors including, but not limited to, the following:

Whether the applicable reduction in water consumption will result in unemployment;

Whether additional persons have been permanently added to the household;

Changes in vacancy factors in multi-family housing;

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

(5)

Increased production requiring increased water;

(6)

Water uses during new construction;

(7)

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

(8)

First filling of a permit-constructed swimming pool; and

(9)

Water use necessary for reasons related to family illness or health.

In order to be considered, an application for relief must be filed with the General Manager within 20 days from the date of the mailing of the water bill which is the subject matter of the application. No relief shall be granted unless the person shows that he or she has achieved the maximum practical reduction in water consumption other than in the specific areas in which relief is being sought.

§ 54.063 Hearing regarding violations.

[Ord. 1662, 10-15-2014; Ord. 1762, 7-21-2021]

Any person receiving notification of violation of this article may request a hearing by filing an appeal along with the appeal fee with the General Manager within 15 days of mailing or other delivery of the notice of violation. The appeal fee shall be in an amount set by City Council resolution.

The person’s timely written request for a hearing shall automatically stay installation of a flow-restricting device on any customer’s premises until the Administrative Hearing Officer renders his or her decision.

The person’s timely written request for a hearing shall not stay the imposition of a surcharge. If it is determined that the surcharge was wrongly charged and paid, the Indio Water Authority shall credit any amount due to the unpaid water bill.

§ 54.064.1 Landscape and water conservation.

The decision of the Administrative Hearing Officer shall be final.

[Ord. 1528, 3-5-2008; Ord. 1563, 12-16-2009; Ord. 1762, 7-21-2021]

Water waste prevention. Water waste from inefficient landscape irrigation allowing runoff, low head drainage, overspray or other conditions where water flows onto roadways, adjacent property or non-irrigated property is prohibited.

Prohibition on certain covenants conditions and restrictions, all development. It shall be unlawful for covenants, conditions and restrictions of any development project or homeowners association to require the use of water-intensive landscaping or prohibit low water use landscaping.

Landscaping equipment.

Water meters. Separate landscape water meters shall be installed for all projects except for single family homes. All commercial, industrial and apartment buildings must have separate meters for landscaping installed by January 1, 2013.

(a)

All meters are the property of the Indio Water Authority.

(b)

Consumers, contractors, or any other person shall not tamper with or make inoperable any permanent meter that is installed to record water usage.

(c)

All new construction shall have separate landscaping meters.

(d)

Portable meters shall be installed on hydrants to record water use for construction use, air quality dust control or any other water use deemed acceptable by the Indio Water Authority. Meters shall be obtained from the Indio Water Authority.

(e)

Only Indio Water Authority meters shall be used to record water usage in the Authority’s service area.

Controllers. Automatic evapotranspiration, ET, controller systems or moisture sensing devices shall be required for all irrigation systems and must be able to accommodate all aspects of the design.

Valves. Plants which require different amounts of water shall be irrigated by separate valves. If one valve is used for a given area, only plants with similar water use shall be used in that area. Anti-drain (check) valves shall be installed in strategic points to minimize or prevent low-head drainage.

Sprinkler heads. Heads and emitters shall have consistent application rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance.

(5)

Rain sensing override devices. Rain sensing override devices shall be required on all irrigation systems.

(6)

Soil moisture sensing devices. It is recommended that soil moisture sensing devices be considered where appropriate.

(7)

Vertical stops. Sprinklers must be equipped with vertical stops installed just below the sprinkler head which automatically shut off water to a broken sprinkler head.

(8)

Backflow devices and valves. No consumer, contractor or any other person shall tamper with backflow devices or distribution valves without consent of the Indio Water Authority. Repairs of backflow devices shall be done by companies approved and authorized by the Indio Water Authority.

(9)

Master values. Master values must be installed on all systems with a flow sensor for automatic shut off of the station based on 10% over flow rate.

Remedies nonexclusive. Enforcement remedies provided in this chapter are not exclusive. The city may take all, or any combination of these actions against a person, as well as any other enforcement remedies which the city may have available.

Administrative remedies.

Notice of violation. Whenever an authorized enforcement official determines there has been a violation of this chapter, the official may serve a notice that enumerates the violations found and order compliance by a certain date.

Administrative compliance order. Whenever an authorized enforcement official determines that a violation of this chapter has occurred, the official may require the submission of a detailed compliance schedule, including the actions that will be taken to correct said violation(s) or prevent future recurrences of said violation(s), to the authorized enforcement official for approval. A compliance order shall not relieve the violator of liability for any violation, including any continuing violation.

Cease and desist order. Whenever an authorized enforcement official determines that a violation of this chapter is occurring, or that past violations are likely to recur, the authorized enforcement official may issue an order to cease and desist and take such appropriate remedial or preventive action as may be needed to properly address a continuing or potential violation, including halting operations and/or terminating the discharge.

Termination of service. If the violation continues after the issuance of a cease and desist order, irrigation service to the facility may be turned off and remain off until corrective actions are taken to the satisfaction of the authorized enforcement official.

(5)

Administrative civil penalties. The city may serve an administrative complaint on any person who has violated, or continues to violate, any provision of this chapter. Each day on which each instance of noncompliance shall occur or continue shall be deemed a separate and distinct violation. Procedures for application of administrative civil penalties shall be in accordance with standard procedures adopted by the city.

Violations deemed a public nuisance.

In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated and/or restored by any authorized enforcement official, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the city.

If any violation of this chapter constitutes a seasonal and recurrent nuisance, the city shall conduct a hearing to consider revocation of a permit by serving notice to the permittee a notice of intention to revoke. The city will set forth the grounds for the hearing and designate a time and a place for the hearing.

§ 54.064.2 Water efficient landscape development standards.

Guidelines adopted, procedure for amendment and modification. The Indio Water Authority Board and City Council shall from time to time consider and adopt “Landscape and Water Conservation Guidelines” as Section 4 of the City’s “Development Services Procedural Guidelines.” City and Indio Water Authority staff shall apply these guidelines to all new development and may amend or modify same administratively as deemed necessary and appropriate by the City Manager/Executive Director or his or her designee. Within 90 days of approval of any administrative amendment or modification of these guidelines, the City Manager/Executive Director shall present a summary of same to the City Council and the Indio Water Authority Board for review and ratification at a public meeting.

[Ord. 1684, 1-20-2016; Ord. 1762, 7-21-2021]

This section shall apply to the following landscape projects:

New development projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building, landscape permit, plan check or design review;

Renovated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check or design review; and

Existing landscapes installed before January 1, 2010 and over one acre in size, except that such landscapes shall be limited to complying with only those programs that the city or Indio Water Authority may adopt from time to time, which may include, but not be limited to, irrigation water analyses, irrigation surveys and irrigation audits that verify landscape water use does not exceed the maximum applied water allowance (MAWA) for existing landscapes. The maximum applied water allowance (MAWA) for existing landscapes shall be calculated as: MAWA = (.70) (ETo) (LA) (.62/748) unless landscape plans were submitted and approved under a stricter water conserving ordinance.

This section does not apply to:

Registered local, state or federal historical sites;

Ecological restoration projects that do not require a permanent irrigation system;

Mined-land reclamation projects that do not require a permanent irrigation system; or

Plant collections, as part of botanical gardens and arboretums open to the public.

Prior to installation, a landscape documentation package shall be submitted to the city for review and approval for all landscape projects subject to the provisions of this section. Any landscape documentation package submitted to the city shall comply with the provisions of the City of Indio/Indio Water Authority's Landscape and Irrigation System Design Criteria or, where service is provided by another water purveyor, the relevant landscape and irrigation system design criteria adopted by that water purveyor.

Verification of compliance of the landscape installation with the approved plans shall be obtained through a certification of completion issued by the Indio Water Authority or other water purveyor in conjunction with a certificate of use and occupancy or permit process. The certificate of completion shall be filed with the Development Services Department.

The city may delegate to, or enter into a contract with, another public agency, including the Indio Water Authority, to implement, administer, and/or enforce any of the provisions of this chapter on behalf of the city.

The “City of Indio/Indio Water Authority Landscape and Irrigation System Design Criteria,” attached as Appendix A to Ordinance No. 1684 and any amendments thereto, is hereby adopted and incorporated herein by reference as if fully set forth below. The Director of Development Services or Indio Water Authority General Manager may amend this Design Criteria from time to time in a manner consistent with the purpose and intent of this section. One copy of the Design Criteria shall remain on file in the Office of the City Clerk.

The City Council may establish by resolution fees for the cost of reviewing and monitoring landscape documentation packages and landscape irrigation audits. The landscape documentation review fee shall be due at the time that the landscape documentation package is initially submitted to the city.

A violation of this section, including any provision of the City of Indio/Indio Water Authority Landscape and Irrigation System Design Criteria may be subject to an administrative citation pursuant to Chapter 12 of this code, except that the amount of fine shall be $250 per violation.