The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
"Customer"
means a person or persons, firm, corporation, or governmental unit furnished potable water by the city of Valley Center's water utility.
"Customer premises"
means the metered location at which a retail customer is furnished potable water by the city of Valley Center's water utility.
"Director"
means the city's director of public works and utilities.
"Retail customer"
means the customer(s) of record on the water utility account at any given customer premises.
"Variance"
means an exception from the restrictions in this chapter, applied for and granted through an online process as approved by the director.
"Water"
means potable water furnished through the distribution system of the city of Valley Center's water utility, and accordingly, does not include water drawn by customers from their own wells or water accumulated by customers from rainfall or natural storm runoff in rain barrels, cisterns, tanks, channels, basins, ponds or similar storage structures.
"Watering"
means outdoor use of water for irrigation, including irrigation with container, hose, drip or spray irrigation mechanisms.
"Watering by spray irrigation"
means a method of applying water through a network that may consist of pumps, valves, pipes, and sprinklers in a controlled manner so that it is distributed similar to rainfall.
(Ord. No. 1437-25, 10/21/2025)
When no broader restrictions are in effect due to a drought emergency response, it shall nevertheless be unlawful for any customer to engage in or to permit another person to engage in watering at such customer's customer premises between the hours of 10:00 AM and 6:00 PM on any day.
(Ord. No. 1437-25, 10/21/2025)
When no broader restrictions are in effect due to a drought emergency response, it shall nevertheless be unlawful for any customer to engage in or to permit another person to engage in watering by spray irrigation at such customer's customer premises:
A. 
Between the hours of 10:00 AM and 6:00 PM on any day;
B. 
On a Monday;
C. 
If the last numerical character in the address of the customer's metered customer premises is an odd number, on a Tuesday, Thursday or Saturday; and
D. 
If the last numerical character in the address of the customer's metered customer premises is an even number, on a Wednesday, Friday or Sunday.
(Ord. No. 1437-25, 10/21/2025)
The director is hereby authorized and directed to establish criteria for granting variances from the restrictions in this chapter in cases where special circumstances attendant upon isolated and infrequent activity (such as seeding or sodding) may reasonably necessitate a limited period of daily watering by spray irrigation, and is further directed to establish an online application system by which customers can request such variances; provided, however, no such variances may be granted when drought emergency restrictions are in effect.
(Ord. No. 1437-25, 10/21/2025)
A. 
Upon violation of any water use restrictions imposed pursuant to Section 12.13.20 or Section 12.13.030 of this chapter, written notice of the violation shall be affixed to the property where the violation occurred and the customer of record and any other person known to city enforcement personnel who is responsible for the violation or its correction shall be provided with either actual or mailed notice. Said notice shall describe the violation and order that it be corrected, cured or abated immediately or within such specified time as the city manager or the city manager's designee determines is reasonable under the circumstances. If the order is not complied with, the city manager or the city manager's designee may assess an administrative fee to the customer in accordance with the standards in subsection B, below, subject to the following procedures:
1. 
The city shall give the customer notice by mail or actual notice that an administrative fee will be assessed due to the violation and that the customer will have the opportunity to appeal the administrative fee by requesting a hearing scheduled before the city manager or a person designated as a hearing officer by the city manager;
2. 
If such a hearing is requested by the customer charged with the violation by the specified date, he or she shall be given a full opportunity to be heard before the fee is assessed;
3. 
The city manager or hearing officer shall make findings of fact and order whether a fee should be assessed.
B. 
Upon the first violation of any water use restrictions imposed pursuant to Section 12.13.020 or Section 12.13.030 of this chapter, a written warning shall be issued. A second violation will result in an administrative fee of $50. Subsequent violations will be punishable with an administrative fee of $100 per violation.
C. 
All administrative fees shall be subject to the same terms of payment that are set forth in Section 12.08.020 for regularly scheduled water meter charges, following the completion of the procedures in subsection A, above.
(Ord. No. 1437-25, 10/21/2025)
Each customer that purchases water from the city of Valley Center's water utility via a wholesale supply connection will be called upon to impose the foregoing water use restrictions and penalties upon the users of its system under its respective wholesale supply contract, as conservation measures adopted by the city of Valley Center.
(Ord. No. 1437-25, 10/21/2025)