Item 07 - Sewer System Management Plan 2025 Update

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approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition. (1) Application fora waiver. Application for a waiver must be on a form prescribed by the executive director of the public works agency, or his or her designee. (2) Supporting documentation. The written application shall be accompanied by photographs, maps, drawings, or other pertinent information as applicable, including a written statement of the applicant. (3) Required findings for waiver. Based on the information and supporting documents provided in the application, additional information provided as requested, and water use information for the property as shown by the records of the city, the executive director of the public works agency, or designee, in making the waiver determination, will take into consideration the following: (A) That the waiver does not constitute a grant of special privilege inconsistent with the limitation upon other city water service customers; (B) That because of special circumstances applicable to the property or its use, the strict application of this article would have a disproportionate impact on the property or use that exceeds the impacts to water service customers generally; (C) That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the city to effectuate the purpose of this article and will not be detrimental to the public interest; (D) That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature; and (E) That no person shall be given relief on appeal for hardship unless the water service customer has installed water saving devices, as determined by the city, and made every reasonable effort to reduce water use. (b) Approval authority. The executive director of the public works agency, or designee, will act upon any completed application after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver will be promptly notified in writing of the action taken. The decision of the executive director of the public works agency, or designee, is final. (Ord. No. NS-3016, § 2, 4-5-22) Sec. 39-104. Penalties, violations, and enforcement. Noncompliance with restrictions on water waste shall be subject to an administrative citation. The penalties set forth in this section shall be additional to those penalties provided in any other section of this Code. The penalties for failure to comply with any of the prohibited use provisions of this article shall be as follows: (a) First violation: The city shall issue a written notice pursuant to section 39-105. (b) Second violation: A second violation within one (1) year from the date of the first violation is punishable by a fine of two hundred fifty dollars ($250.00). (c) Third and subsequent violation(s): A third violation within one (1) year from the date of the first violation and any subsequent violation is punishable by a fine of five hundred dollars ($500.00) per notice. In addition to the fine and at the discretion of the executive director of public works, or his or her designee, the city may implement one (1) or more of the following: (1) Water flow restrictor device: The city may install a water flow restrictor device of approximately one (1) gallon per minute. (Supp. No. 30) Created: 2025-01-29 11:22:15 [EST] Page 52 of 54