Chapter 13.09


13.09.010    Purpose.

13.09.020    Definitions.

13.09.030    Enforcement.

13.09.040    Mandatory restrictions on water waste.

13.09.050    Warnings.

13.09.060    Penalties.

13.09.070    Nuisances; abatement; injunctive relief.

13.09.080    Variances.

13.09.090    Appeals.

13.09.100    Revenue received from enforcement.

13.09.110    Severability.

13.09.010 Purpose.

The purpose of this Chapter is to increase public awareness of the need for water conservation; and to provide regulations and restrictions on the delivery of water and the consumption within the City limits of water supplied for public use as will: 1) conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection, and 2) ensure compliance with water regulations of other governmental agencies of appropriate jurisdiction. (Ord. 389 §1, 1995).

13.09.020 Definitions.

A.    "Agency" means the Monterey County water resources agency.

B.    "Automatic shutoff nozzle" is a water release mechanism securely affixed to the end of a water hose that requires the person using the hose to apply and maintain the flow of water, and that shuts off immediately when the pressure is released.

C.    "Change of ownership" means a transfer of the right to beneficial use thereof, regardless of whether such transfer is voluntary, involuntary, or by operation of law, court order, grant, gift, devise, inheritance, trust, contract of sale, addition or deletion of an owner, property settlement, or by any other means.

D.    "Change of use" means a change from one use of a structure to another use that is identified as a different use under the zoning ordinance, title 17.

E.    "Water recirculating system" means a system approved by the city that recirculates water between hot water and cold water lines, so that substantially all the cold water standing in the pipes will be returned to the water heater and reheated before the faucet is turned on. The system may be turned on and off by a manually operated switch, by a timer-operated switch, or otherwise, or may be left permanently on.

F.    "New construction" means a completely new structure, a new addition to a previously existing structure, or the portion of a previously existing structure that is newly remodeled or renovated.

G.    "Noncompliant plumbing fixture" means any of the following:

1.    Any toilet manufactured to use more than 1.6 gallons of water per flush (gpf).

2.    Any urinal manufactured to use more than one gallon of water per flush (gpf).

3.    Any showerhead manufactured to have a flow capacity of more than two and one-half (2 1/2) gallons of water per minute (gpm).

4.    Any interior faucet that emits more than 2.2 gallons of water per minute (gpm).

H.    "Overdraft" means the condition of a ground water basin where the amount of water withdrawn by pumping exceeds the amount of water replenishing the basin over an extended period of time, or where the amount of water withdrawn by pumping results in an unacceptable degradation of ground water quality within the basin.

I.    "Person" means any individual person and any firm, partnership, corporation, business entity, association, district, agency, city, county, and any other entity or organization.

J.    A "shutoff nozzle" is a water release mechanism ("nozzle") securely affixed to the end of a water hose which enables the user of the hose to control the flow of water in the hose, including stopping the flow of water completely and securely, by a lever or mechanical device in the nozzle.

K.    "Public works director" means the public works director of the city of Greenfield. (Ord. 507 §1(part), 2014: Ord. 389 §1, 1995).

13.09.030 Enforcement.

The Public Works Director and all officers and employees of the City, including all ex officio officers and employees, shall enforce all the provisions of this Chapter, by the issuance of citations, including warning citations, and taking all other necessary action, including bringing civil action to abate a nuisance as set forth herein, through the City Attorney’s office. (Ord. 389 §1, 1995).

13.09.040 Mandatory restrictions on water waste.

A.    Repair of Plumbing, Sprinkler and Irrigation Systems: Any person who is the owner, manager, or person responsible for the day-to-day operation of any premises shall initiate steps to repair any leaking, broken or defective water pipes, faucets, plumbing fixtures, other water service appliances, sprinklers, water or irrigation systems, or distribution systems within a reasonable time after such person learns of such leaks, breaks, or defects, and shall thereafter diligently and promptly pursue such repair work to completion. In any event, such action initiating steps for repair shall take place within seventy-two (72) hours after such person first learns of the problem, unless a variance is obtained from the city.

B.    Washing of Vehicles: No person shall use a water hose to wash any car, truck, boat, trailer, bus, recreational vehicle, camper, aircraft, tractor, or any other vehicle, or any portion thereof, with potable water, unless the hose is equipped with an automatic shutoff nozzle.

C.    Cleaning of Structures: No person shall use potable water through a hose to clean the exterior of any building or structure unless such hose is equipped with a shutoff nozzle.

D.    Cleaning of Surfaces: No person shall use potable water through a hose to clean any sidewalk, driveway, roadway, parking lot, or any other outdoor paved or hard surfaced area, except where necessary to protect public health and safety. The use of a bucket is not prohibited at any time for cleaning food, grease, oil, or other stains or spillage from surfaces.

E.    Water Spillage: No person shall cause, suffer, or permit water to spill into streets, curbs, or gutters. No person shall use any water in any manner which results in runoff beyond the immediate area of use, unless the contour of the premises is such that avoidance of some minimum spillage is impossible.

F.    Swimming Pools and Spas: No person shall empty and refill a swimming pool or spa except to prevent or repair structural damage or to comply with public health regulations.

G.    Fountains: No person shall use water to operate or maintain levels in decorative fountains, unless such water is recycled in the fountain.

H.    Visitor-Serving Facilities: The owner and manager of each hotel, motel, restaurant, convention and other visitor-serving facility shall ensure that such facility displays, in places visible to all customers, placards or decals approved by the agency, promoting public awareness of the need for water conservation and/or advising the public that waste of water is prohibited. "Quasi-public entities" include educational institutions, churches, recreational facilities open to the public, and other such entities designated by the superintendent of utilities. Placement of placards or decals by a quasi-public entity of a type not specifically mentioned in this chapter shall not be required unless the superintendent of utilities gives written notice to the entity that this chapter is applicable to the entity so notified and that placement of placards or decals is required.

I.    Commercial Car Washes: No person in charge of the operation of any commercial car wash facility shall suffer or permit the washing of any boat, trailer, recreational vehicle, or other vehicle in such facility or on its premises, other than by the following methods:

1.    Use of mechanical automatic car wash facilities utilizing water recycling equipment;

2.    Use of a hose that operates on a timer for limited time periods and shuts off automatically at the expiration of the time period;

3.    Use of a hose equipped with an automatic shutoff nozzle;

4.    Use of bucket and hand washing.

J.    Construction:

1.    No potable water may be used for compaction or dust control purposes in construction activities where there is a reasonably available source of reclaimed or other subpotable water approved by Monterey County health department and appropriate for such use.

2.    All hoses used in connection with any construction activity shall be equipped with a shutoff nozzle. When an automatic shutoff nozzle can be purchased or otherwise obtained for the size or type of hose in use, the nozzle shall be an automatic shutoff nozzle.

K.    Use of Hydrants: No person, other than a member of the Greenfield fire department, the fire department of any other jurisdiction giving assistance to the Greenfield fire department in emergencies, or the city department of public works, may use water from a fire hydrant, without first obtaining a permit from the public works director of the city.

L.    Leakage Detection and Repair Program: The public works director shall maintain in effect a distribution system leakage detection and repair program. This program shall be reviewed on an annual basis and a report analyzing the results of the program shall be prepared by the director and submitted to the city council.

M.    New Construction:

1.    In all new construction, all toilets shall be ultra low flow toilets with a maximum tank size or flush capacity of 1.28 gallons per flush (gpf).

2.    All shower heads shall have a maximum flow capacity of two (2) gallons per minute (gpm).

3.    All lavatory faucets shall have a maximum flow capacity of one and one-half (1 1/2) gpm.

4.    All kitchen faucets shall have a maximum flow capacity of 1.8 gpm.

5.    All hot water faucets that have more than ten feet (10') of pipe between the faucet and the hot water heater serving such faucet shall be equipped with a water recirculating system.

6.    All new construction requiring a discretionary permit from the city shall apply xeriscape principles throughout the exterior landscape development associated with such new construction, including such techniques and materials as native or low water use plants and low precipitation sprinkler heads, bubblers, drip irrigation systems and timing devices.

N.    Retrofitting Existing Hotels and Motels: All existing hotels and motels shall, within six (6) months following the effective date of the ordinance codified in this section, be retrofitted with shower heads with a maximum flow capacity of two (2) gpm.

O.    Retrofitting upon Change of Ownership or Use:

1.    All existing residential structures shall, at the time of change of ownership, be retrofitted, if not already so modified, with ultra low flow toilets with a maximum flush capacity of 1.28 gpf, shower heads with a maximum flow capacity of two (2) gpm, interior faucets, except kitchen faucets, with a maximum flow capacity of one and one-half (1 1/2) gpm, and kitchen faucets with a maximum flow capacity of 1.8 gpm.

2.    All existing commercial and industrial structures, and hotels and motels, shall, at the time of change of ownership or change of use, be retrofitted, if not already so modified, with ultra low flow toilets with a maximum flush capacity of 1.28 gpf, shower heads with a maximum flow capacity of two (2) gpm, interior faucets, except kitchen faucets, with a maximum flow capacity of one and one-half (1 1/2) gpm, and kitchen faucets with a maximum flow capacity of 1.8 gpm.

P.    Existing Single-Family Residential Real Property: On or before January 1, 2017, noncompliant plumbing fixtures in any single-family residential real property shall be replaced by the property owner with water-conserving plumbing fixtures.

Q.    Existing Multifamily Residential Real Property: On or before January 1, 2019, noncompliant plumbing fixtures in any multifamily residential real property shall be replaced by the property owner with water-conserving plumbing fixtures.

R.    Existing Commercial and Industrial Structures, and Hotels and Motels: On or before January 1, 2019, noncompliant plumbing fixtures in any commercial or industrial structure, or any hotel or motel, shall be replaced by the property owner with water-conserving plumbing fixtures.

S.    Indiscriminate Use: No person shall cause, suffer, or permit the indiscriminate running of water not otherwise prohibited by the provisions set forth above which is wasteful and without reasonable purpose.

T.    Use of Water to Irrigate: No person shall use water to irrigate lawns, landscape, or other turf areas which are not in accordance with local city and county ordinances.

U.    Regulatory Compliance:

1.    All persons shall comply with any other, additional, or supplementary regulations, restrictions, or prohibitions adopted by any federal, state, or county agency or regulatory authority under which compliance by the city is required.

2.    The public works director shall develop and implement any programs, plans, directives, and regulations necessary for such compliance, including, but not limited to, any water shortage contingency plan or other plan or program adopted by the city pursuant to any federal, state, or county agency or regulatory authority requirement. (Ord. 507 §1(part), 2014: Ord. 389 §1, 1995).

13.09.050 Warnings.

In order to encourage cooperative efforts to achieve water conservation, it shall be the policy of the city to issue a written warning citation, when an alleged violation is first noted. Such warning shall include an explanation of the violation. The suspected violator will then be given an opportunity to correct the problem. However, if an infraction citation is issued and a prosecution commenced for the alleged violation, in no case shall proof of a violation depend upon the showing that a warning was previously given, nor shall failure to give a warning be a defense. (Ord. 507 §1(part), 2014: Ord. 389 §1, 1995).

13.09.060 Penalties.

A.    Each violation of this chapter is an infraction.

B.    Any violation that occurs or continues from one day to the next shall be deemed a separate violation, for each day during which such violation occurs or continues to occur.

C.    The fine for a first violation of this chapter shall be fifty dollars ($50.00). The fine for a second violation and each subsequent violation of this chapter within a period of twelve (12) months, regardless of the specific section or subsection violated, shall be one hundred dollars ($100.00). (Ord. 507 §1(part), 2014: Ord. 389 §1, 1995).

13.09.070 Nuisances; abatement; injunctive relief.

A.    Any violation of this Chapter is hereby declared to be a public nuisance.

B.    The City or the Agency may summarily abate the public nuisance and the City Attorney may, upon order of the City Council, bring civil suit or other action to enjoin or abate the nuisance.

C.    Any person who creates or maintains a public nuisance in violation of this Chapter shall, in any civil proceeding brought to abate a nuisance or to obtain injunctive relief, under this Chapter, be liable for the costs of abatement, including but not limited to the following:

1.    Cost of investigation;

2.    Costs of labor and parts to repair any affected water system or premises, to bring such water system or premises into compliance with this Chapter, or to install facilities necessary to assure compliance with this Chapter;

3.    Court costs;

4.    Attorneys fees;

5.    Costs of monitoring compliance.

D.    If any person causes, suffers, or permits a public nuisance to continue after written notice is given to such person by the City, directing such person to cease the nuisance, and such continuation goes beyond the time set for abatement in the notice, then such person shall be liable to the City for the following:

1.    The costs of abatement set forth above;

2.    Any other costs of enforcement imposed by the Court;

3.    A civil penalty of fifty percent (50%) of those costs (C1 + C3) payable to the city. (Ord. 389 §1, 1995).

13.09.080 Variances.

A.    Any person adversely affected by the restrictions of this Chapter may, at any time, apply in writing for a variance from the strict application of this Chapter. The application for the variance shall be filed with the City. The Public Works Director may, in his discretion, temporarily dispense with the requirement to file a written application, if he finds that an emergency condition exists requiring immediate action on the variance request.

B.    The Public Works Director may grant a variance to the terms of this Chapter if he makes both of the following findings:

1.    The strict application of the Chapter would create an undue hardship, or an emergency condition exists which requires that the variance be granted; and

2.    Granting the variance will not cause a significant adverse effect on the water supply or on service to other water consumers.

C.    In granting a variance, the Public Works Director may impose any conditions in order to ensure that the variance is consistent with the overall goal of water conservation. The granting of a variance and any conditions imposed upon such variance shall be set forth in writing.

D.    The decision of the Public Works Director on an application for a variance may be appealed as provided in the section of this Chapter pertaining to appeals. (Ord. 389 §1, 1995).

13.09.090 Appeals.

A.    There is hereby established a procedure pertaining to appeals of this Chapter to the City Council.

B.    The City Council shall hear any and all matters referred to it under this Chapter at its regular meeting.

C.    Any person who has been cited for water waste, and any person aggrieved by any action taken by the Public Works Director pursuant to this Chapter, may appeal such citation, action, or decision to the City Council, by filing a written appeal with the City Clerk within ten (10) days after the date of the citation, action or decision. A filing fee of twenty dollars ($20.00) or ten percent (10%) of any fine to be assessed in connection with a citation, whichever is greater, shall be paid to the City Clerk at the time of filing any appeal.

D.    In rendering its decision, the City Council shall determine which party is the prevailing party. If the appellant is the prevailing party, then the filing fee paid by the appellant shall be refunded to the appellant.

E.    Decision of the City Council shall be final.

F.    If the issuance of any citation is appealed as provided under this Section, any criminal prosecution for such citation shall be suspended until the appeal is completed, unless a time waiver is required in the criminal proceeding and the defendant in the criminal proceeding refuses to waive time. If the decision on such an appeal determines that the cited person committed a violation, such decision shall state the amount of the fine payable by such person, and such decision shall be final and the fine so imposed shall be enforceable as an ordinary civil obligation of the cited person, owed to the City. If the decision on such appeal is that the cited person did not commit a violation, then the criminal prosecution, if initiated, shall be dismissed, and no further criminal action shall be taken with respect to said alleged violation. If the appeal is not pursued to completion, the criminal prosecution may be reinstated or dismissed, as may be appropriate under the circumstances.

G.    The filing of an appeal hereunder will not stay any civil proceedings relating to the underlying violation or alleged violation, and the decision of the court in such civil proceeding shall prevail over any contrary result in the administrative appeal. (Ord. 389 §1, 1995).

13.09.100 Revenue received from enforcement:

All revenues received by the City from enforcement of this Chapter shall be used exclusively for City water conservation programs, including but not limited to administrative, monitoring, appeals, and enforcement costs of mandatory water conservation. (Ord. 389 §1, 1995).

13.09.110 Severability.

If any section, subsection, sentence, clause, or phrase of this Chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed this Chapter and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any other part thereof be unconstitutional or invalid. (Ord. 389 §1, 1995).