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HomeMy WebLinkAboutNS-2073 - Adding VI to Chapter 39 of Santa Ana Municipal Code to Conserve Available Water Supply and to Protect the Public Welfare and Safety641 ORDINANCE NO. NS- 2073 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ~.RTICLE VI TO CHAPTER 39 OF THE SANTA ANAMUNICIPAL CODE TO CONSERVE THE AVAILABLE WATER SUPPLY AND TO PROTECT THE PUBLIC WELFARE AND SAFETY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Article VI is hereby added to Chapter 39 of the Santa Ana Municipal Code to read as follows: ARTICLE VI. CONSERVATION OF PUBLIC WATER SUPPLY DIVISION 1. GENERAL PROVISIONS Section 39-84. Purpose. The purpose of this Article is to prevent the waste or unreasonable use of water and to provide a mandatory water conservation plan during a proclaimed water shortage. Because of the water supply conditions prevailing in the City and in the area of this State from which the City obtains a portion of its supply, the general welfare requires that the conservation of such water be practiced for the benefit of the people of the City and for the public welfare. Section 39-85. Authorization. The Director of Public Works is authorized and empowered to enforce and administer the provisions of this Article. Section 39-86. Public health and safety not to be affected. Nothing in this Article shall be construed to require the department to curtail the supply of water to any customer when such water is required by that customer to maintain an adequate level of public health and safety. Section 39-S7. Environment. This Article and the actions hereafter taken pursuant thereto are exempt from the provisions of the California Environmental Quality Act of 1970 as a project undertaken as immediate action necessary to prevent or mitigate an emergency pursuant to Section 507(c) of the State EIR Guidelines. ORDINANCE NO. PAGE 2 NS-2073 DIVISION 2. DEFINITIONS Section 39-8S. General. The words and phrases used in this Article shall be construed as defined in Section 39-15, unless seperately defined in this Article or the context clearly requires otherwise. Unless a different definition is set forth in Section 39-15, or elsewhere in this Article, the definitions set forth in the other provisions of this Code shall likewise apply. Section 39-89. Phasing. Phasing shall refer to the City Council action of declaring water conservation Phase I, II or III by resolution. Sections 39-90 39-95. Reserved. DIVISION 3. GENERAL PROHIBITIONS Section 39-96. Leaks. Ail customers shall repair all leaks from indoor and outdoor plumbing fixtures. Section 39-97. Runoff. No customer shall cause or allow water to run off landscape areas into adjoining streets, sidewalks, or other paved surfaces due to incorrectly directed or maintained sprinklers, or excessive watering. Section 39-98. Washing of vehicles and equipment. Washing of motor vehicles, trailers, boats and other types of mobile equipment shall be done only with a hand-held bucket or a hose equipped with a positive shutoff nozzle for quick rinses, except that washing may be done at the immediate premises of a commercial car wash. Sections 39-99 - 39-104. Reserved. DIVISION 4. REGULATIONS GOVERNING WATER CONSERVATION PHASES Section 39-105. Determination of conservation phase. The City Council shall make findings of shortage and declare the applicable water conservation phase by resolution. 645 ORDINANCE NO. NS- 2073 PAGE 3 Section 39-106. Water conservation phase I. During water conservation Phase I no person shall: (a) Wash sidewalks, walkways, driveways, parking areas or other paved surfaces, except as is required to dispose of dangerous liquids or substances dangerous to the public health and safety. (b) Water lawn, landscape or other turf areas except between the hours of 4:00 p.m. and 10:00 a.m. (c) Use water to clean, fill or maintain levels in decorative fountains, ponds, lakes or other similar aesthetic structures unless such water is part of a recycling system. (d) Serve drinking water to any customer unless expressly requested. Nor shall any restaurant, hotel, cafe, cafeteria or other public place where food is sold, served or offered for sale, serve drinking water to any customer unless expressly requested. section 39-107. Water conservation phase II. During water conservation Phase II no person shall: (a) Violate the provisions of Section 39-106, except that the restrictions on watering lawn, landscape or other turf areas shall be modified to prohibit watering more often than every other day and such areas shall only be watered between the hours of 6:00 p.m. and 6:00 a.m. This provision shall not apply to commercial nurseries and golf courses. (b) Water lawn, landscape or other turf areas of commercial nurseries or golf courses except between the hours of 6:00 p.m. and 6:00 a.m. There shall be no restriction on watering utilizing reclaimed water. (c) Make, cause, use or permit the use of water for any purpose in an amount in excess of ninety percent (90%) of the amount used on that customer's premises during the corresponding billing period during the prior calendar year. Section 39-108. Water conservation phase III. During water conservation Phase III no person shall: (a) Violate the provisions of Section 39-106, except that the restrictions on watering lawn, landscape or other turf 647 ORDINANCE NO. NS- 2073 PAGE 4 areas shall be modified to prohibit watering more often than every third day and such areas shall only be watered between the hours of 6:00 p.m. and 6:00 a.m. This provision shall not apply to commercial nurseries and golf courses. (b) Water lawn, landscape or other turf areas of commercial nurseries or golf courses more often than every other day and shall only water between the hours of 6:00 p.m. and 6:00 a.m. There shall be no restriction on watering utilizing reclaimed water. (c) Use water from fire hydrants except for fire fighting and related activities. Other uses of water for municipal purposes shall be limited to activities necessary to maintain the public health, safety and welfare. (d) Make, cause, use or permit the use of water for any purpose in excess of eighty percent (80%) of the amount used on the customer's premises during the corresponding billing period of the prior calendar year. Section 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(c) and 39-108(d) requiring curtailment in the use of water shall be effective the first full billing period commencing on or after the date of such publication. Section 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. ORDINANCE NO. NS- 2073 PAGE 5 Seotion 39-111. Enforcement of water conservation phases. Violation by any customer of Sections 39-96 through 39-108 shall be penalized as follows: (a) 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. (b) Second violation. For a second violation during any one proclaimed water shortage, the Director of Public Works or his designee shall impose a surcharge in an amount equal to fifteen percent (15%) of the customer's water bill. (c) Third and Subsequent Violations. For a third and each subsequent violation during any one 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) inch 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 City from customer, or due from any person who has applied for water service, shall be paid before normal service can be restored. Section 39-112. Relief from compliance. (a) A customer may file an application for relief from any provision of this section. The Director of Public Works shall develop such procedures as necessary to determine such application and shall, upon the filing by customer of an application for relief, take such steps as reasonably necessary to determine the application for relief. (b) The application for relief may include a request that the customer be relieved, in whole or in part, from the water use curtailment provisions of Sections 39-96 through 39- 108, and shall contain the basis for such request. (c) In determining whether to grant relief, and the nature of any relief, the Director of Public Works shall take into consideration all relevant factors including, but not limited to: 651 ORDINANCE NO. NS- 2073 PAGE 6 (1) Whether any additional reduction in water consumption will result in unemployment; (2) Whether additional members have been added to the household; (3) Whether any additional landscaped property has been added to the property since the corresponding billing period of the prior calender year; (4) Changes in vacancy factors in multi-family housing; (5) Increased number of employees in commercial, industrial, and governmental offices; (6) Increased production requiring increased process water; (7) Water uses during new construction; (8) Adjustments to water use caused by emergency health or safety hazards; (9) First filling of a permit-constructed swimming pool; and (10) Water use necessary for reasons related to family illness or health. (d) In order to be considered, an application for relief must be filed with the department within fifteen (15) days from the date of publication of the resolution from which relief is sought. No relief shall be granted unless the customer shows that he has achieved the maximum practical reduction in water consumption other than in the specific areas in which relief is being sought. No relief shall be granted to any customer who, when requested by the department, fails to provide any information necessary for resolution of the customer's application for relief. (e) The decision of the Director of Public Works shall be final. section 39-~3. Exemption. Single family residential customers shall not be required to reduce consumption below 27 billing units per billing period during Phase II or below 24 billing units per billing period during Phase III. 653 ORDINANCE NO. NS- 2073 PAGE 7 Section 39-~4. Notice of violation. The Director of Public Works or his designee shall give notice of violation to the customer committing the violation as follows: (a) Notice of violation of the water use curtailment of Sections 39-96 through 39-108 shall be given in writing in the following manner: (1) by giving the notice to the customer personally; or (2) 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 (3) if a person of suitable age or discretion cannot be found, then 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. (b) 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 his right to a hearing on the merits of the violation pursuant to Section 39-115. Section 39-LL5. Hearing regarding violation. (a) Any customer receiving notice of a second or subsequent violation shall have a right to a hearing by the Director of Public Works or his designee provided that a written request for hearing is filed within fifteen days from the date of the notice of violation and the customer deposits with the City a sum equal to the billed surcharge and pays all other outstanding water charges. (b) The customer's timely written request for a hearing shall automatically stay installation of a flow-restricting device on the customer's premises until the department renders a decision. (c) If it is determined that the surcharge was wrongly assessed, the City will refund any money deposited to the customer. 655 ORDINANCE NO. NS- 2073 PAGE 8 (d) The decision of the Director of Public Works or his designee shall be final. SECTION Z: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or potions be declared invalid or unconstitutional. SECTION 32 Neither the adoption of this Ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 4th day of September , 1990 ATTEST: DANIEL JANICE C. GUY Clerk of the Council COUNCILMEMBERS: Young Absent Acosta AYe Griset Aye McGuigan Aye May ^Ye Norton Aye Pulido Aye APPROVED AS TO FORM: City Attorney