Chapter 11.05A
WATER CONSERVATION AND EDUCATION
Sections:
Article I. Purpose
Article II. Education
Article III. Water Conservation Schedule and Prohibitions
11.05A.040 Outdoor landscape watering.
Article IV. Emergency Water Shortage Plan
11.05A.070 Declaration of policy – Purpose.
11.05A.080 City Manager – Authorized action.
11.05A.100 Water conservation stages.
11.05A.110 Mandatory water conservation compliance phase implementation.
11.05A.120 Water wasting prohibited.
11.05A.130 Acts constituting water wasting.
11.05A.140 Notice of acts constituting water wasting.
11.05A.150 Penalty fee assessment for water wasting.
11.05A.170 Appeal hearing request.
11.05A.180 Failure to pay penalty fee.
Article I. Purpose
11.05A.010 Purpose.
The purpose and intent of the Council in enacting this chapter is to protect the health, safety, welfare and interest of the public, and of patrons of establishments regulated by this Code, by requiring that the patrons, establishments and persons conserve and not waste water by requiring that such establishments and persons conform to the water conservation procedures set forth in this chapter. (Ord. 2015-2 § 3 (Att. A), 5-26-2015)
11.05A.020 Findings.
A. As a result of the drought and the understanding that water is a precious resource, the City Council finds that any ordinance relating to the conservation of water is an urgent matter for the health, safety and general welfare of the public;
B. The Constitution of the State of California and California Case Law provide that water shall not be wasted;
C. To prevent the waste of water it is the intent of the City Council of the City of Newman to adopt reasonable rules regulating the use of water for outdoor landscape watering and other ancillary uses;
D. The City Council is mindful of the importance of conserving water. (Ord. 2015-2 § 3 (Att. A), 5-26-2015)
Article II. Education
11.05A.030 Education.
A. The City Council, as part of supplementation of this chapter, will provide information to the public through the City Manager and City departments regarding the proper use to minimize the volume of water needed for a given function.
B. The Council, in an effort to carry out its findings and legislative purpose, sponsors this educational program with the intent that through proper education and implementation of water conservation procedures persons and establishments may continue to function with a significant savings in the volume of water. (Ord. 2015-2 § 3 (Att. A), 5-26-2015)
Article III. Water Conservation Schedule and Prohibitions
11.05A.040 Outdoor landscape watering.
All users of water within the City limits of the City of Newman are subject to the following regulation:
A. From March 1st to October 31st, all outside watering, including lawns and landscaping, shall be prohibited between the hours of 1:00 p.m. and 6:00 p.m. It shall be unlawful for any person, firm or corporation to conduct outside watering during said times, unless approval, for good cause, has been granted by the Public Works Director. (Ord. 2015-2 § 3 (Att. A), 5-26-2015)
11.05A.050 Prohibitions.
A. Newly planted lawns may be allowed daily watering only until the second mowing has been completed upon notification of the Public Works Department prior to planting.
B. The washing down or hosing of recreational vehicles, sidewalks, gutters, outside structures, or other exterior surfaces without prior written consent of the City Manager or his designee is prohibited and a violation of this chapter. Sweeping or brushing is required unless prior approval for water use is obtained.
C. The filling of wading pools is permitted, but “slip-n-slides” and other recreational activities requiring a constant flow of water are prohibited.
D. The washing of vehicles at a residence is allowed only if a quick-acting automatic positive shut-off valve is used and in proper operating condition, including the discharge of treated wash waters, and is limited to one such washing per week per vehicle during designated watering days and times. This section is subject to the provisions of Chapter 11.12 NCC, Storm Water Management and Discharge Control. (Ord. 2015-2 § 3 (Att. A), 5-26-2015)
Article IV. Emergency Water Shortage Plan
11.05A.060 Title.
There is hereby established the “City of Newman Emergency Water Shortage Plan.” (Ord. 2015-2 § 3 (Att. A), 5-26-2015)
11.05A.070 Declaration of policy – Purpose.
A. Declaration of Policy. The City Council hereby declares that the general welfare requires that the water resources available to the City be put to the maximum beneficial use to the extent to which the City is capable, and that the waste of, unreasonable use of, or unreasonable method of use of water be prevented. The conservation of such water is to ensure the reasonable and beneficial use thereof in the interests of the people of the City of Newman and for the public welfare.
B. Purpose. The City Council finds and declares that consolidating the various provisions of ordinances associated with water conservation into one readily accessible document shall provide a more professional and usable work product as well as promote a better public understanding of the various procedures and provisions of the Newman emergency water shortage plan. Additionally, adding provisions prohibiting water wasting and defining the acts which so constitute water wasting advances the purpose and policy of the Newman emergency water shortage plan. (Ord. 2015-2 § 3 (Att. A), 5-26-2015)
11.05A.080 City Manager – Authorized action.
The City Manager, or his or her designee, is hereby authorized and directed to implement the provisions of this chapter upon a determination that same is necessary to protect the public welfare and safety. (Ord. 2015-2 § 3 (Att. A), 5-26-2015)
11.05A.090 Application.
The provisions of this chapter shall apply to all persons, customers and property served by the City of Newman. (Ord. 2015-2 § 3 (Att. A), 5-26-2015)
11.05A.100 Water conservation stages.
A. Stage 1 – Mandatory Water Conservation. Stage 1 calls for a low level of informational outreach and enforcement of the permanent water use ordinances. Customers of the City of Newman are hereby directed to limit the amount of water used on a year-round basis. Due to the characteristics of the current City of Newman water system, additional water conservation is needed between March 1st and October 31st each year as established by NCC 11.05A.040.
B. Stage 2 – Mandatory Water Conservation Compliance – Warning. Upon implementation of this chapter by the City Manager pursuant to NCC 11.05A.080, and publication of notice that Stage 2 mandatory conservation compliance measures are in effect, the following mandatory conservation compliance measures shall apply:
1. Outdoor Landscape Watering. Outdoor landscape watering shall be limited to three times per week on an odd-even basis in accordance with subsection (B)(2) of this section. If the address ends in an even number, the water days shall be Tuesday, Thursday and Saturday. If the address ends in an odd number, the watering days will be Wednesday, Friday and Sunday.
2. Outdoor watering is prohibited between the hours of 1:00 p.m. and 6:00 p.m.
3. Large commercial landscapes and City parks shall have individual watering schedules approved by the Public Works Department.
4. Residential Vehicle Washing. Residents shall be allowed to wash their vehicles as established by NCC 11.05A.050(D).
C. Stage 3 – Mandatory Water Conservation Compliance – Warning. Upon implementation of this chapter by the City Manager pursuant to NCC 11.05A.080, and publication of notice that Stage 3 mandatory conservation compliance measures are in effect, the following mandatory water conservation compliance measures shall apply:
1. Outdoor Landscaping Watering. Outdoor landscape watering shall be limited to two times per week in accordance with subsection (B)(2) of this section. If the address ends in an even number, the watering days shall be Tuesday and Saturday. If the address ends in an odd number, the watering days shall be Wednesday and Sunday.
2. Large commercial landscapes and City parks shall also be limited to two days per week, as scheduled by the Public Works Department.
3. Residential Vehicle Washing. Residents shall be allowed to wash their vehicles as established by NCC 11.05A.050(D).
4. Further use of decorative fountains or reflection ponds shall be disconnected until further notice.
D. Stage 4 – Mandatory Water Conservation Compliance – Warning. Upon implementation of this chapter by the City Manager pursuant to NCC 11.05A.080 and publication of notice that Stage 4 mandatory conservation compliance measures are in effect, the following mandatory conservation compliance measures shall apply:
1. Outdoor landscape watering shall be limited to one day per week. If the address ends in an even number, the watering day shall be Saturday. If the address ends in an odd number, the watering day shall be Sunday. Watering hours shall be in accordance with subsection (B)(2) of this section. No outdoor landscaping watering Monday through Friday.
2. Large commercial landscaping and City parks shall be limited to one day per week, as scheduled by the Public Works Department.
3. Filling newly constructed or drained swimming pools with City water shall be prohibited.
4. Construction water from City fire hydrants shall be banned, but treated effluent water from the wastewater treatment plant may be made available for construction water purposes.
5. Further use of decorative fountains or reflection ponds shall be discontinued until further notice.
6. Washing of automobiles, trucks, trailers, boats, airplanes and other types of mobile equipment not occurring upon the immediate premises of commercial car washes and commercial service stations and not in immediate interest of the public health, safety, and welfare shall be prohibited.
E. Stage 5 – Mandatory Water Conservation Compliance – Warning. Upon implementation of this chapter by the City Manager pursuant to NCC 11.05A.080, and publication of notice that Stage 5 mandatory conservation compliance measures are in effect, the following mandatory conservation compliance measures shall apply:
1. Outdoor landscape watering shall be prohibited. This includes multipurpose commercial landscapes and City parks and median strips.
2. Industry and commercial businesses shall be required to curtail consumption in order to maintain adequate supplies of water for health and safety.
3. If there is total well failure, disaster relief from outside the City of Newman shall be required. (Ord. 2015-2 § 3 (Att. A), 5-26-2015)
11.05A.110 Mandatory water conservation compliance phase implementation.
A. The Director of Public Works, or his or her designee, shall monitor the projected supply and demand for water by its customers, with heightened emphasis during the months of April through October.
B. The Director of Public Works, or his or her designee, shall recommend to the City Manager the extent of the conservation compliance stage required in order for the City to prudently plan for and supply water to its customers.
C. The City Manager may order that the appropriate stage of water conservation be implemented or terminated in accordance with the applicable provisions of this chapter. When implementing mandatory water conservation compliance stages 2, 3, and 4, said order shall be made by public announcement and shall be published a minimum of one time in a daily newspaper of general circulation and shall become effective immediately upon such publication. (Ord. 2015-2 § 3 (Att. A), 5-26-2015)
11.05A.120 Water wasting prohibited.
Water wasting, as defined by NCC 11.05A.130, is prohibited. (Ord. 2015-2 § 3 (Att. A), 5-26-2015)
11.05A.130 Acts constituting water wasting.
For the purposes of this title, acts constituting water wasting shall mean and include, but shall not be limited to, any of the following acts:
A. Failure to comply with the City of Newman emergency water shortage plan, any conservation stage declared thereunder, and/or any guidelines or outdoor landscape watering schedules in effect pursuant thereto.
B. Watering outdoor landscaping areas or gardens such that excess water leaves the property or area being watered.
C. Watering outdoor landscaping while raining and within 48 hours following any measurable rainfall.
D. Washing vehicles, boats, or equipment during restricted days or hours; and/or using an open hose not equipped with a quick-action automatic shut-off valve while so doing.
E. Hosing down driveways, streets, sidewalks, parking lots, and building exteriors without the prior written consent of the Public Works Director or his designee. If consent is given, any restrictions on the frequency, timing or method would remain in effect unless a health or safety condition existed.
F. Having leaky faucets, irrigation valves, sprinkler heads or plumbing fixtures on the premises.
G. Operating evaporated coolers which are not equipped with a recirculating pump. (Ord. 2015-2 § 3 (Att. A), 5-26-2015)
11.05A.140 Notice of acts constituting water wasting.
A. Any utility customer, or person using the utilities with the consent of or actual or constructive knowledge of the customer, who continues to commit acts which constitute the wasting of water, as provided in NCC 11.05A.130, shall be served notice of acts constituting water wasting.
B. This notice of acts constituting water wasting shall serve as a first warning and first notice of acts constituting water wasting shall:
1. Identify the date, time and circumstances of the violation;
2. State the amount of the potential penalty fee for water wasting;
3. Advise the customer of his or her appeal rights as provided herein.
C. The notice of acts constituting water wasting shall be served to any utility customer, or person using the utilities with the consent of or actual or constructive knowledge of the customer, who continues to commit acts which constitute the wasting of water, as provided in NCC 11.05A.130. (Ord. 2015-2 § 3 (Att. A), 5-26-2015)
11.05A.150 Penalty fee assessment for water wasting.
A. A penalty fee in the sum of $25.00 shall be assessed to the utility customer’s account for a first violation within one year after being served with a notice of acts constituting water wasting, pursuant to NCC 11.05A.140.
B. A penalty fee in the sum of $50.00 shall be assessed to the utility customer’s account for a second violation within said one year after being served with a notice of acts constituting water wasting, pursuant to NCC 11.05A.140.
C. A penalty fee in the sum of $100.00 shall be assessed to the utility customer’s account for a third violation within said one year after being served with a notice of intention to impose a penalty fee for water wasting, pursuant to NCC 11.05A.140.
D. The City may, at its option, discontinue the service after the third violation after giving the customer written notice. (Ord. 2015-2 § 3 (Att. A), 5-26-2015)
11.05A.160 Appeal.
A. A utility customer shall have the right to appeal to the City Manager, or his or her designee, the notice of acts constituting water wasting, or any water wasting penalty fee assessed to his or her account.
B. The appeal hearing shall be held before the City Manager, or his or her designee. After hearing all of the evidence presented, he or she shall make the final administrative determination regarding the matter.
C. The customer shall be allowed to present such witnesses and evidence as he or she may desire.
D. Such appeal hearing is an administrative hearing and the rules of evidence shall not apply. (Ord. 2015-2 § 3 (Att. A), 5-26-2015)
11.05A.170 Appeal hearing request.
A. The utility customer must request an appeal hearing in writing within 15 calendar days from the date of service of the notice of acts constituting water wasting, or any water wasting penalty fee assessed to his or her account, unless the fifteenth day falls on a weekend day or City-observed holiday.
B. The request for hearing shall be addressed to the City Manager and shall be deemed served only when received by the City. Failure to properly serve the request for hearing within the 15-calendar-day period shall be deemed a waiver of the right to appeal the matter and the penalty fee will be assessed against the customer’s account unless the fifteenth day falls on a weekend day or City-observed holiday.
C. The hearing officer shall give written notice by mail to the utility customer of the date, time, and location of the appeal hearing, which hearing shall be held no sooner than 10 days from receipt of the request for hearing and no longer than 30 days from receipt of such request.
D. The decision of the hearing officer shall be final. If the notice of acts constituting water wasting, or any water wasting penalty fee assessed to an account, is upheld, the penalty fee shall be assessed to the customer’s account. (Ord. 2015-2 § 3 (Att. A), 5-26-2015)
11.05A.180 Failure to pay penalty fee.
Failure of any utility customer to pay the penalty fees imposed pursuant to this article as required shall be grounds to discontinue utility service until compliance is obtained. (Ord. 2015-2 § 3 (Att. A), 5-26-2015)