HomeMy WebLinkAbout75A - PH - WATER CONSERVATIONREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 19, 2015
TITLE:
NOTICE OF PUBLIC HEARING — EMERGENCY
ORDINANCE AMENDING SAMC CHAPTER 39,
ARTICLE VI, RELATING TO THE EXISTING
WATER CONSERVATION PROGRAM AND
RECEIVE DIRECTION ON DECLARATION OF
STAGE 2 WATER SUPPLY SHORTAGE
{STRATEGIC PLAN NO. 5, 2}
C• M.
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
01,•-:• O
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2n' Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Adopt an emergency ordinance amending Santa Ana Municipal Code Chapter 39, Article VI
with updated regulations for conservation of the public water supply.
2. Discuss and direct staff to declare a Stage 2 water supply shortage at the regularly scheduled
council meeting on June 2, 2015.
DISCUSSION
The City Council will consider adoption of an ordinance amending Article VI, Conservation of
Public Water Supply, of Chapter 39 of the Santa Ana Municipal Code. The proposed
amendments to the City's existing water conservation program are to comply with changes in the
State of California Drought Emergency Water Conservation regulations, as approved on May 5,
2015, to restrict overall potable urban water usage across the state by 25 percent. To meet this
goal, the regulations require urban water suppliers, including the City of Santa Ana, to reduce
monthly total potable water production by a percentage identified by the state as their
conservation standard. The City's conservation standard has been fixed at 12 percent based on
per capita water usage. The amendments are designed to help achieve this standard by
incorporating additional restrictions in the City's water conservation program, with increasing
restrictions on water use by City residents according to the level of water supply shortages that
may be declared by the City Council.
In 1990, the City established an ordinance of the Municipal Code that launched a water
conservation and supply shortage program to assure reasonable and beneficial use of water,
prevent waste of water, and maximize the efficient use of water within the City to minimize the
effect and hardship of water shortage to the greatest extent possible. The water conservation
and supply ordinance was last updated in 2009 to incorporate twelve specific prohibitions which
75A -1
Notice of Public Hearing to Consider Amendments to
Existing Water Conservation Program
May 19, 2015
Page 2
were intended to eliminate the waste and unreasonable use of water. Some of the requirements
included in the updated ordinance were restricting landscape irrigation to night and early morning
hours, prohibiting the washing down of driveways and other paved surfaces, prohibiting
restaurants from serving water unless requested by customers, and establishing mandatory
conservation regulations during declared water shortages.
The state of California continues to experience severe drought conditions. On April 1, 2015, the
Governor issued an executive order to cities and towns across California to cut water use by 25
percent as part of a sweeping set of mandatory drought restrictions, the first in state history. In
addition, on April 14, 2015, the Governing Board of the Metropolitan Water District (MWD) took
action to reduce water deliveries to its member agencies, including the City of Santa Ana,
effective July 1, 2015. As a result of this action, beginning July 1, 2015, the City's water
deliveries will be reduced by 15 percent. The action by MWD also includes heavy surcharges for
member agencies that exceed their allocations. The surcharge will be roughly four times the
normal price of an acre -foot of water for usage above the allocated amount.
Consistent with the California Water Code, it is in the public interest to adopt an ordinance for
water conservation purposes. The proposed ordinance incorporates newly adopted state
regulations on the use of potable water, such as requiring that all newly constructed homes and
buildings be irrigated with drip or micro spray systems, prohibiting irrigation of ornamental turf on
public street medians with potable water, prohibiting irrigation of outdoor landscapes within 48
hours after rainfall, and allowing enforcement by fines of up to $500 dollars. The ordinance also
affords the City more flexibility in the implementation of declared water shortages. City Council
declaration by resolution is still required to activate a conservation phase (Water Shortage Level
1, 2, or 3) and its attendant mandatory water use restrictions, including penalties, if any, for
violating water shortage restrictions.
STRATEGIC PLAN-ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability,
Engagement & Sustainability, Objective #2 (expand opportunities for conservation and
environmental sustainability).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action
75A -2
Notice of Public Hearing to Consider Amendments to
Existing Water Conservation Program
May 19, 2015
Page 3
FISCAL IMPACT
Although there is no direct fiscal impact associated with this item, the future declaration of a wafter
shortage under the provisions of this ordinance could result in a significant decrease in wafter
sales and a corresponding decrease in revenue to thn Water Enterprise,
Executive Director
Public Works Agency
FM /N3 /RR
Exhibit: 1. Ordinance
75A -3
75A -4
(jxs 05- 12 -15)
ORDINANCE NO. NS -XXX
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING CHAPTER 39, ARTICLE VI OF THE SANTA
ANA MUNICIPAL CODE RELATING TO WATER
SHORTAGE CONTINGENCY PLAN
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1. The City Council of the City of Santa Ana hereby finds, determines,
and declares as follows:
A. Article X, section 2 of the California Constitution declares that waters of
the State are to be put to beneficial use, that waste, unreasonable use, or
unreasonable method of use of water be prevented, and that water be
conserved for the public welfare.
B. The State of California continues to experience severe drought conditions.
C. Conservation of current water supplies and minimization of the effects of
water supply shortages that are the result of drought are essential to the
public health, safety and welfare.
D. Regulation of the time of certain water use, manner of certain water use,
design of rates, method of application of water for certain uses, and
installation and use of water - saving devices, provide an effective and
immediately available means of conserving water.
E. On April 1, 2015, Governor Jerry Brown issued an executive order to cities
and towns across California to cut water use by 25% as part of a
sweeping set of mandatory drought restrictions, the first in state history.
F. On April 1, 2015, State water officials measured the lowest April 1
snowpack in more than 60 years of record - keeping in the Sierra Nevada.
G. On April 14, 2015, the Governing Board of the Metropolitan Water District
( "MWD ") took action to reduce water deliveries to its member agencies,
including the City of Santa Ana, effective July 1, 2015.
H. Because of the action taken by the MWD, beginning July 1, 2015, the
City's water deliveries will be reduced by 15 %.
Ordinance No. NS -XXX
75A -5 Page 1 of 12
The MWD action also includes heavy surcharges for member agencies
that exceed their allocations. The surcharge will be roughly four times the
normal price of an acre foot of water for use beyond the allocated amount.
J. The amount of water imported from Northern California through the State
Water Project continues to be cut back from historical allocations.
Imported water from the Colorado River, the MWD's other major supply
source, is likewise at historical lows.
K. California Water Code sections 375 et seq. empower any public entity
which supplies water at retail or wholesale to adopt and enforce a water
conservation program to reduce the quantity of water used by those within
its service area after holding a public hearing and making appropriate
findings of necessity for the adoption of a water conservation program.
L. Consistent with California Water Code section 375, the city council finds
that it is in the public interest to adopt this ordinance for water
conservation purposes.
M. Pursuant to Water Code section 376 and Government Code 6061, the City
must publish in a newspaper of general circulation any ordinance or
resolution adopting a water conservation program within 10 days after its
adoption.
N. Water Code section 377 establishes that, from the publication of an
ordinance or resolution pursuant to section 376 until the repeal of the
ordinance, it is a misdemeanor punishable by up to 30 days in county jail
and /or a fine of up to $1,000 for any person to violate a requirement of the
water conservation program.
O. On May 19, 2015, the City of Santa Ana held a public hearing and made
appropriate findings of necessity for the adoption of a water conservation
program.
P. All provisions of the Santa Ana Municipal Code related to Water
Conservation which are repeated herein are repeated solely to comply
with the provisions of Section 418 of the Charter of the City of Santa Ana.
Any such restatement of existing provisions of the Code is not intended,
nor shall it be interpreted, as constituting a new action or decision of the
city council, but rather such provisions are repeated for tracking purposes
only in conformance with the Charter.
SECTION 2. The adoption of this ordinance is exempt from CEQA and a Notice of
Exemption will be filed if this ordinance is adopted.
Ordinance No. NS -XXX
Page 2 of 12 75A-6
SECTION 3. This ordinance is effective immediately upon adoption or as
otherwise established by State law.
SECTION 4. Pursuant to Water Code section 376 and Government Code
section 6061, the City of Santa Ana shall publish in a newspaper of general circulation
this ordinance adopting a water conservation program within 10 days after its adoption.
SECTION 5. ARTICLE VI of Chapter 39 of the Santa Ana Municipal Code is
hereby amended such that it reads as follows (new language underlined, deleted language
in strikeout for tracking purposes only):
ARTICLE VI. WATER SHORTAGE CONTINGENCY PLAN CONSERVATION OF
THE PUBLIC IC WATER CI IDDI V
SECTION 6. Section 39 -89 of the Santa Ana Municipal Code is hereby added
such that it reads as follows:
Sec. 39 -89. Phasing.
Phasing shall refer to the city council action of declaring water conservation Phase
1, 2, or 3 by resolution.
SECTION 7. Section 39 -90 of the Santa Ana Municipal Code is hereby added
such that it reads as follows:
Sec. 39 -90. Billing Unit.
Billing unit means the unit of water rates for purpose of calculating water charges
for a person's water usage and equals one hundred (100) cubic feet or seven hundred
forty eight (748) gallons of water.
SECTION 8. Section 39 -91 of the Santa Ana Municipal Code is hereby added
such that it reads as follows:
Sec. 39 -91. Base Year.
Base year is the twelve (12) month period designated by council to be the reference
period for the water consumption reduction goal.
SECTION 9. Section 39 -92 of the Santa Ana Municipal Code is hereby added
such that it reads as follows:
Sec. 39 -92. Measurable Rainfall.
For the purpose of this Article, measurable rainfall is defined as a rain storm that
causes 0.5 inches of precipitation over a 24 hour period on all or a portion of the City.
Ordinance No, NS -XXX
75A-7 Page 3 of 12
SECTION 10. Section 39 -93 of the Santa Ana Municipal Code is hereby added
such that it reads as follows:
Sec. 39 -93. Newly constructed homes and buildings.
Newly constructed homes and buildings means homes and buildings that have
been issued a building permit by the City after May 31, 2015.
SECTION 11. Section 39 -105 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language underlined, deleted language in
strikeout for tracking purposes only):
Sec. 39 -105. Determination of conservation level phase.
The city council shall make findings of water supply shortage and declare the
applicable water conservation bevel phase by resolution.
The implemented phase of the water supply shortage shall be in effect until the city
council declares that the water supply shortage has ended or until another phase has
been implemented.
SECTION 12. Section 39 -106 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language underlined, deleted language in
strikeout for tracking purposes only):
Sec. 39 -106. Permanent Water Conservation Requirements - Prohibition
Against Water Wasting.
The following water conservation requirements are effective at all times and are
permanent. Violations of this section will be considered waste and an unreasonable use
of water:
(1) Washing down sidewalks, walkways, driveways, parking areas or other paved
surfaces, except as is required to dispose of dangerous liquids or alleviate
safety or sanitary hazards and then only by use of a hand -held bucket, or hand-
held hose equipped with a positive self - closing water shut -off device is
prohibited.
(2) Watering of lawn, landscape or other turf areas except between the hours of
6:00 p.m. and 9:00 a.m. is prohibited, except by use of a hand -water shut -off
nozzle or device, or for very short periods of time for the express purpose of
adjusting or repairing an irrigation system.
Ordinance No. NS -XXX
Page 4 of 12 75A -8
(3) The use of water to clean, fill or maintain levels in decorative fountains, ponds,
lakes or other similar aesthetic structures unless such water is part of a re-
circulating system is prohibited.
(4) No restaurant, hotel, cafe, cafeteria or other public place where food is sold,
served or offered for sale shall serve drinking water to any customer unless
expressly requested.
(5) Using water to wash or clean a vehicle, including but not limited to any
automobile, truck, van, bus, motorcycle, boat or trailer, is prohibited, except by
use of a hand -held bucket or hand -held hose equipped with a positive self -
closing water shut -off nozzle or device. This subsection does not apply to any
commercial car washing facility.
(6) Hotels, motels and other commercial lodging establishments must provide
customers the option of not having towels and linen laundered daily.
Commercial lodging establishments must prominently display notice of this
option in each bathroom using clean and easily understood language.
(7) Food preparation establishments such as restaurants or cafes, are prohibited
from using non -water conserving dish wash spray valves.
(8) All leaks, breaks, or other malfunctions in the water user's plumbing or
distribution system must be repaired within seventy -two (72) hours of
notification by the City, unless other arrangements are made with the City.
(9) No installation of single pass cooling system: Installation of single pass cooling
systems is prohibited in buildings requesting new water service.
(10) Commercial Car Wash System: Effective on January 1, 2012, all commercial
conveyor car wash systems must have installed operational re- circulating water
systems, or must have secured a waiver of this requirement from the City.
(11) Watering or irrigating of any lawn, landscape or other vegetated area in a
manner that causes or allows excessive water flow or runoff onto an adjoining
sidewalk, driveway, street, alley gutter or ditch is prohibited.
(12) No installation of non - recirculating in commercial car wash and laundry
systems: Installation of non -re- circulating water systems is prohibited in new
commercial conveyor car wash and new commercial laundry systems.
(13) The use of water to irrigate outdoor landscapes during or within 48 hours after
measurable rainfall.
(14) The irrigation with potable water of ornamental turf on public street medians.
Ordinance No. NS -XXX
75A-9 Page 5 of 12
(15) The _irrigation with potable water outside of landscapes outside of newly
constructed homes and buildings in a manner inconsistent with requlations or
other requirements established by the California Building Standards
Commission and the Department of Housing and Community Development.
SECTION 13. Section 39 -107 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language underlined, deleted language in
strikeout for tracking purposes only):
Sec. 39 -107. Water GenseFyaflon Level Phase 1 Water Suppl Shortage.
Upon the declaration by the council of a Level Phase 1 water supply shortage,
council will implement the mandatory bevel Phase 1 conservation measures identified in
this section. In addition to the prohibited uses of water identified in section 39 -106, the
following water conservation requirements apply during a declared Level Phase 1 water
supply shortage:
(1) Restrictions on watering lawn, landscape or other turf areas shall be modified to
prohibit watering more often than every other day or Monday, Thursday, and
Saturday. and sSuch 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.
(2) The watering of lawn, landscape or other turf areas of commercial nurseries or golf
courses shall be allowed between the hours of 6:00 p.m. and 6:00 a.m. There
shall be no restriction on watering utilizing reclaimed water.
(3) No customer shall make, cause, use or permit the use of water for any purpose
in excess of the applicable percentage of the amount used in the customer's
premises during the corresponding billing period of the base PFiGF Ga;eRdar year as
set by council, such percentage to be determined by city council and set forth in
the resolution declaring Level Phase 1. There shall be no restriction on the use of
reclaimed water under this provision.
(4) All leaks, breaks, or other malfunctions in the water user's plumbing or distribution
system must be repaired within seventy -two (72) hours of notification by the City,
unless other arrangements are made with the City.
SECTION 14. Section 39 -108 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language underlined, deleted language in
strikeout for tracking purposes only):
Sec. 39 -108. Water Conserva Level Phase 2 Water Supply Shortage.
Upon the declaration by the council of aL-evel Phase 2 water supply shortage,
council will implement the mandatory bevel Phase 2 conservation measures identified in
this section. In addition to the prohibited uses of water identified in section 39 -106 and
Ordinance No. NS -XXX
Page 6 of 12 75A -1 0
section 39 -107, the following water conservation requirements apply during a declared
Level Phase 2 water supply shortage:
(1) Watering lawn, landscape or other turf areas shall be modified to prohibit watering
more often than two days per week or Monday and Thursday. aqd sSuch 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.
(2) It is prohibited to water lawn, landscape or other turf areas of commercial nurseries
or golf courses more often than every other day and watering shall only water
occur between the hours of 6:00 p.m. and 6:00 a.m. There shall be no restriction
on watering utilizing reclaimed water.
(3) It is prohibited to L1use water from fire hydrants except for firefighting and related
activities. Other uses of water for municipal purposes shall be limited to activities
necessary to maintain the public health, safety and welfare.
(4) No customer shall make, cause, use or permit the use of water for any purpose in
excess of the applicable percentage of the amount used in the customer's
premises during the corresponding billing period of the base PFieFGalendar year as
set by council, such percentage to be determined by City council and set forth in
the resolution declaring Level Phase 2 water supply shortage. There shall be no
restriction on the use of reclaimed water under this provision.
(5) All leaks, breaks, or other malfunctions in the water user's plumbing or distribution
system must be repaired with forty -eight (48) hours of notification by the City,
unless other arrangements are made with the City
(6) Re- filling of more than one foot and initial filling of residential swimming pools or
outdoor spas with potable water is prohibited.
SECTION 15. Section 39 -109 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language underlined, deleted language in
strikeout for tracking purposes only):
Sec. 39 -109. Emergency Condition, level Phase 3 Water Supply Shortage _
Emergency Condition.
Upon the declaration of a Level Phase 3 water supply shortage, the council will
implement the mandatory Level Phase 3 conservation measures identified in this section.
In addition to the prohibited uses of water identified in section 39 -106, section 39 -107 and
section 39 -108, the following water conservation requirements apply during a declared
Level Phase 3 water supply shortage:
(1) Watering or irrigation of lawn, landscape or other vegetated area with potable
water is prohibited. The restriction does not apply to the following categories of
Ordinance No. NS -XXX
75A -11 Page 7 of 12
use, unless the council has determined that recycled water is available and may
be applied to use:
a. Maintenance of vegetation, including trees and shrubs, that are watered
using a hand -held bucket or similar container, hand -held hose equipped
with a positive self - closing water shut -off nozzle or devise;
b. Maintenance of existing landscape necessary for fire protection;
c. Maintenance of existing landscape for soil erosion;
d. Maintenance of landscape within active public parks and playing fields, day
care centers, golf course greens, and school grounds, provided that such
irrigation does not exceed two (2) days per week according to the
schedule and time restriction established in section 39 -108.
(2) All leaks, breaks, or other malfunctions in the water user's plumbing or distribution
system must be repaired within twenty -four (24) hours of notification by the City,
unless other arrangements are made with the City.
(3) No new potable water service will be provided, no new temporary meters or
permanent meters will be provided and no statement of immediate ability to serve
or provide water service (such as, will -serve letters, certificates, or letters of
availability) will be issued, except under the following circumstances:
a. A valid, unexpired building permit has been issued for the project, or
b. The project is necessary to protect the public health, safety, or welfare; or
c. The applicant provides substantial evidence of an enforceable commitment
that water demands for the project will be offset prior to the provision of a
new water meter(s) to the satisfaction of the City.
This provision does not preclude the resetting or turn -on of meters to provide
continuation of water service or the restoration of service that has been interrupted for a
period of one year or less.
(4) No customer shall make, cause, use or permit the use of water for any purpose in
excess of the applicable percentage of the amount used in the customer's
premises during the corresponding billing period of the base Ada year
as set by council, such percentage to be determined by city council and set forth
in the resolution declaring Level Phase 3. There shall be no restriction on the use
of reclaimed water under this provision
SECTION 16. Section 39 -110 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language underlined, deleted language in
strikeout for tracking purposes only):
Sec. 39 -110. Implementation of water conservation phases.
Ordinance No. NS -XXX
Page 8 of 12 75A -1 2
(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 supply 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 provision of section 39- 107(3) and 39- 108(4) and 39- 109(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.
(d) For the purpose of determining compliance with the water use reductions in
sections 39 -107 (3), 39 -108 (4), and 39 -109 (4) commercial, industrial and
institutional users can request that water use reduction is calculated on an
aggregate basis on all accounts owned by the same user. The request shall be
considered and approved by the Director of the Public Works Agency.
(e) For new water accounts and accounts without historical water use in the base
year, water use reduction level shall be based on the average base year use of
similar types of users in the city.
SECTION 17. Section 39 -111 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language underlined, deleted language in
strikeout for tracking purposes only):
Sec. 39 -111. E" lusiyit^o Cumulative penalties.
Notwithstanding any other provision of the Santa Ana Municipal Code, the penalties
set forth in section 39 -112 for violations relating to the curtailment in the use of water shall
be GXGlusive and a cumulative with any other section of this Code or State law.
All monies collected by the City pursuant to any of the penalty provisions of this
Article shall be deposited in the Water Stewardship fund, to be used for Water
Conservation outreach and education activities.
SECTION 18. Section 39 -112 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language underlined, deleted language in
strikeout for tracking purposes only):
Ordinance No. NS -XXX
75A -1 3 Page 9 of 12
Sec. 39 -112. Enforcement and Penalties for Violation of Water Allocation
Requirements.
Violation by any customer of sections 39- 107(3) and 39- 108(4) and 39- 109(4)
requiring curtailment in the use of water shall be penalized as follows:
(1) First violation. The director of public works or his designee shall issue a written
notice in the utility bill of the fact of a first violation to the customer.
(2) Second and subsequent violations. The director of public works or his designee
shall issue a written notice in the utility bill of the fact of a second and subsequent
violation to the customer. For a second violations within the preceding twelve (12)
calendar months, the director of public works or his designee shall impose a
surcharge in an amount set by the city council, on the water use in excess of the
water allocation requirements. equal to fifteen (15) nor non} (150) of the
n c }nmor•'s water boll
FeaSGRablo GGStS 'n Fed fnr'nstallin and fnr rem n the fl } ' }'
de iGes and fOr restorat;e„ of n.,,,,,al ° , .rice. Gross Violations. Customers who
have three violations within a twelve (12) month period shall be deemed gross
violators and shall be subject to the installation of a flow restrictor device as
determined by the Director of Public Works or his designee. 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.
SECTION 19. Section 39 -114 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language underlined, deleted language in
strikeout for tracking purposes only):
Sec. 39 -114. Exemption.
Single- family residential customers shall not be required to reduce consumption
below eighteen (18) billing units per bi- monthly billing period during water supply shortage
Levels Phase 1 and 2. Multi- family residential customers shall not be required to reduce
consumption below eighteen (18) billing units per bi- monthly billing period for each
dwelling unit during water supply shortage Levels Phase 1 and 2.
Ordinance No, NS -XXX
Page 10 of 12 75A-14
For water shortage LevelPhases 2 and 3, the bi- monthly exemption amount for
single family and multi - family customers shall be determined by the city council and as set
forth in the resolution declaring a water supply shortage Phase Level 2 or 3.
SECTION 20. Section 39 -115 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language underlined, deleted language in
strikeout for tracking purposes only):
Sec. 39 -115. Notice of Violation of Provisions other than Water Allocation
Requirements.
For violations of this Article not related to sections 39- 107(3) and 39- 108(4) and 39-
109(4) requiring curtailment in the use of water, the director of public works or his
designee shall give notice of violation to the customer committing the violation as
follows:
(1) Notice of violation shall be given in writing in the following manner:
a. By giving the notice to the customer personally; or
b. 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
c. If a person of suitable age or discretion cannot be found, then by affixing 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.
(2) 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 -116.
(3) A second and subsequent violation, within the preceding twelve (12) calendar
months of the first notice of violation, is punishable by a fine not to exceed five
hundred dollars ($500) per notice.
SECTION 21. 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 this 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 portions be declared invalid or
unconstitutional.
Ordinance No. NS -XXX
75A -1 5 Page 11 of 12
ADOPTED this day of 2015.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
J se Sandoval
C ' f Assistant City Attorney
AYES:
Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on , and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS -XXX
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