[1]
For statutory provisions on municipal water systems, see Government Code § 38730 et seq.; for statutory provisions concerning purity of water and water systems, see Health and Safety Code §§ 4010 through 4037.
This chapter is intended to allocate equitably the water available to Fortuna during such 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. The actions taken hereinafter are exempt from the provisions of the California Environmental Quality Act of 1970 as projects undertaken as immediate action necessary to prevent or mitigate an emergency pursuant to Section 15071(C) of the State EIR Guidelines.
The ordinance codified in this chapter is adopted pursuant to Water Code Section 350 to and including 358, and Sections 31026 to and including 31029.
(Ord. 2012-696 § 2 (Exh. A); Ord. 2014-714 § 2 (Exh. A))
The council reserves the right and power from time to time by resolution to modify the city's water shortage contingency plan, and may likewise by resolution establish and modify the penalties for violation of any provision of this chapter.
(Ord. 2014-714 § 2 (Exh. A))
The provisions of this chapter shall take effect whenever the city manager, upon engineering analysis of city water supplies, or due to regulatory requirements, notices, or orders, finds and determines that a water shortage emergency exists or is imminent within the Fortuna water service area and a declaration of a water shortage is made by a resolution of the Fortuna city council, and they shall remain in effect for the duration of the water shortage 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. 2014-714 § 2 (Exh. A))
Within 10 days of adoption the city will publish in a newspaper of general circulation the ordinance codified in this chapter setting forth the restrictions, prohibitions, and exclusions determined by the city to be necessary.
(Ord. 2014-714 § 2 (Exh. A))
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
"City"
means the city of Fortuna, California.
"Council"
means the elected council of the city.
"Customer"
means any person using water supplied by the city.
"Manager"
means the city manager of the city.
"Nonessential use"
means any use not required for human consumption, sanitation, or fire protection.
"Nonessential user"
means any user other than a domestic residential customer or facility providing for health and safety.
"Outdoor surface"
means any patio, porch, veranda, driveway, or sidewalk.
"Person"
means any person, firm, partnership, association, corporation, company, or organization of any kind.
"Water"
means potable water provided by the city through its distribution system.
(Ord. 2012-696 § 2 (Exh. A); Ord. 2014-714 § 2 (Exh. A))
The provisions of this chapter shall apply to all customers of the city using water both in and outside the city limits.
(Ord. 2012-696 § 2 (Exh. A); Ord. 2014-714 § 2 (Exh. A))
This chapter establishes regulations to be implemented during times of declared water shortages, or declared water shortage emergencies. It establishes four levels of response actions to be implemented in times of shortage, as set forth in FMC § 13.13.070, with increasing restrictions on water use in response to worsening drought conditions or decreasing available supplies. Declaration of a water shortage emergency requires a public hearing with a public notice in a newspaper seven days prior to the hearing (California Water Code Section 352). The public hearing and public notice is not required in the event of a breakage or failure of the water distribution system causing an immediate emergency (California Water Code Section 351). The city council, upon recommendation by the city manager, shall determine, and declare by resolution, the stage of response action necessary. Notice of such determination shall be published in a newspaper of general circulation and shall be effective within five days from the date the declaration is made.
(Ord. 2012-696 § 2 (Exh. A); Ord. 2014-714 § 2 (Exh. A))
No water furnished by the city shall 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. 2012-696 § 2 (Exh. A); Ord. 2014-714 § 2 (Exh. A))
No water furnished by the city shall be used for any purpose declared to be nonessential as determined by the city council after considering specific triggers consistent with the water shortage contingency plan for the Fortuna service area.
(Ord. 2012-696 § 2 (Exh. A); Ord. 2014-714 § 2 (Exh. A))
A. 
From the date the city council, by resolution, determines a Stage 3 emergency water shortage, defined by the water shortage contingency plan, actions are to be implemented, until the city council by resolution declares that the water shortage has ended. This period is hereinafter referred to as the suspension period. The city manager may prohibit new or enlarged connections to the city's water system except the following:
1. 
Connection pursuant to the terms of connection agreements which, prior to the date Stage 3 was implemented, had been executed or had been authorized by the city council to be executed;
2. 
Connections of fire hydrants;
3. 
Connections of property previously supplied with water from a well which runs dry;
4. 
Connection of property for which the applicant agrees to defer landscape installation until after the suspension period; and
5. 
Recycled water connections.
B. 
During the suspension period applications for water service will be processed only if the applicant acknowledges in writing that such processing shall be at the risk and expense of the applicant and that if the application is approved in accordance with the city's regulations, such approval shall confer no right upon the applicant or anyone else until the suspension period has expired, and that the applicant releases the city from all claims of damage arising out of or in any manner connected with the suspension of connections.
C. 
Upon the expiration of the suspension period, the city will make connections to its water system in accordance with its regulations and the terms of connection agreements for all said applications approved during the suspension period. The water supply then available to the city will be apportioned equitably among all the customers then being served by the city without discrimination against services approved during the suspension period.
D. 
Nothing herein shall prohibit or restrict any modification, relocation or replacement of a connection to the city's system if the city manager determines that the demand upon the city's water supply will not be increased thereby.
(Ord. 2014-714 § 2 (Exh. A))
Applications for a variance from the provisions of FMC § 13.13.070 may be made to the city manager. The city manager may grant a variance to permit a use of water otherwise prohibited by FMC § 13.13.070 if the city manager determines that the variance is reasonably necessary to protect the public health and safety and/or economic viability of commercial operation. Any decision of the city manager under this section may be appealed to the city council.
(Ord. 2014-714 § 2 (Exh. A))
The city manager may limit the amount of water delivered to customers. Whenever the city manager determines the water available to the city of Fortuna 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, he 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. 2014-714 § 2 (Exh. A))
Each police officer of the city, in connection with his/her duties imposed by law, shall diligently enforce the provisions of this chapter.
The manager and all employees of the city shall have the duty and are authorized to enforce the provisions of this chapter and shall have all the powers and authority set forth in California Penal Code Section 836.5, including the power to issue written notices to appear.
(Ord. 2012-696 § 2 (Exh. A); Ord. 2014-714 § 2 (Exh. A))
The manager shall forthwith direct and cause the disconnection of the water service of any person or customer cited for a misdemeanor under this chapter. Such service shall be restored only upon the payment of the reestablishment of service charge fixed by the council by resolution and as provided in this code.
(Ord. 2012-696 § 2 (Exh. A); Ord. 2014-714 § 2 (Exh. A))
Except as otherwise provided in this chapter, violations of any provision of this chapter shall be punished as follows:
Violation
Classification
Penalty*
First violation
Infraction
Verbal or written notice
Second violation
Infraction
$100.00
Third violation and subsequent violations within a six-month period
Misdemeanor
$250.00
Notes:
* These penalties and their amounts may be amended from time to time by resolution of the city council.
Each day any violation of this chapter is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
(Ord. 2012-696 § 2 (Exh. A); Ord. 2014-714 § 2 (Exh. A))