19F - RECEIVE AND FILE SEWER SYSTEM

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ARTICLE VI. CONSERVATION OF PUBLIC WATER SUPPLY Page 4 of 6 (4) Make, cause, use or permit the use of water for any purpose in excess of eighty (80) per cent of the amount used on the customer's premises during the corresponding billing period of the prior calendar year. (Ord. No. NS-2073, § 1, 9-4-90) Sec. 39-109. Implementation of water conservation phases. (a) Each month the department shall monitor and evaluate the demand for water by customers and the projected available supply. Upon determination of potential or actual water shortage, the director of public works shall recommend to the city council the extent of the conservation phase required by customers in order for the department to prudently supply water to customers. (b) The city council shall make findings of shortage and declare the conservation phase by resolution. Said resolution shall specify the start date of the conservation phase. The resolution shall be published once in a daily newspaper of general circulation within the city and shall become effective immediately upon such publication. (c) The provisions of sections 39-107(3) and 39-108(4) requiring curtailment in the use of water shall be effective the first full billing period commencing on or after the date of such publication. (Ord. No. NS-2073, § 1, 9-4-90) Sec. 39-110. Exclusivity of penalties. Notwithstanding any other provision of the Santa Ana Municipal Code, the penalties set forth in section 39-111 shall be exclusive and not cumulative with any other section of this Code. (Ord. No. NS-2073, § 1, 9-4-90) Sec. 39-111. Enforcement of water conservation phases. Violation by any customer of sections 39-96 through 39-108 shall be penalized as follows: (1) First violation. The director of public works or his designee shall issue a written notice of the fact of a first violation to the customer. (2) Second violation. For a second violation during any one (1) proclaimed water shortage, the director of public works or his designee shall impose a surcharge in an amount equal to fifteen (15) per cent of the customer's water bill. (3) Third and subsequent violations. For a third and each subsequent violation during any one (1) proclaimed water shortage, the director of public works or his designee shall install a flow -restricting device of one (1) gallon per minute capacity for services up to one and one-half (1 1/2) inches size, and comparatively sized restrictors for larger services, on the service of the customer at the premises at which the violation occurred for a period of not less than forty-eight (48) hours. The department shall charge the customer the reasonable costs incurred for installing and for removing the flow - restricting devices and for restoration of normal service. The charge for installing and removing a flow -restricting device and any other penalties or charges due the city from the customer or due from any person who has applied for water service, shall be paid before normal service can be restored. (Ord. No. NS-2073, § 1, 9-4-90) 19F-144 http://Iibrary2.municode.com/default-test/DocView/14452/l/242/248 3/3/2009