CHAPTER 36.
IRRIGATION WATER WASTE PROHIBITION

Sections:

5-36.01    Purpose

5-36.02    Definitions

5-36.03    Applicability

5-36.04    Irrigation Water Waste Prohibited

5-36.05    Irrigation Efficiency Requirement

5-36.06    Enforcement, Notices of Violations, Administrative Hearing, Penalties

5-36.01 Purpose.

This chapter seeks to prevent water waste in irrigation.

(Sec. 6 (part), Ord. 12-003, eff. Mar. 8, 2012)

5-36.02 Definitions.

As used in this chapter:

(a)    “City Manager” means the City Manager of the City of Emeryville or his/her designee.

(b)    “Irrigation efficiency” (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. The minimum average irrigation efficiency for purposes of this chapter is 0.71.

(c)    “Irrigation runoff” means water that is not absorbed by the soil or landscape to which it is applied and flows from the landscape area.

(d)    “Overspray” means the irrigation water that is delivered beyond the target area.

(Sec. 6 (part), Ord. 12-003, eff. Mar. 8, 2012)

5-36.03 Applicability.

This chapter shall apply to new, rehabilitated, and existing landscapes of any size. This chapter shall apply to public and private properties.

(Sec. 6 (part), Ord. 12-003, eff. Mar. 8, 2012)

5-36.04 Irrigation Water Waste Prohibited.

(a)    Irrigation runoff leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, parking lots, or structures is prohibited.

(b)    This section shall not apply if:

(1)    The landscape area is adjacent to permeable surfacing and no runoff occurs; or

(2)    The adjacent nonpermeable surfaces are designed and constructed to drain entirely to landscaping.

(Sec. 6 (part), Ord. 12-003, eff. Mar. 8, 2012)

5-36.05 Irrigation Efficiency Requirement.

Irrigation systems approved after January 1, 2010, shall be maintained and managed to meet or exceed an average irrigation efficiency of 0.71.

(Sec. 6 (part), Ord. 12-003, eff. Mar. 8, 2012)

5-36.06 Enforcement, Notices of Violations, Administrative Hearing, Penalties.

(a)    The City Manager shall enforce this chapter. The City Manager is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter.

(b)    If the City Manager determines that a person is in violation of this chapter, he/she shall issue a written notice warning of the violation. If, after issuance of such notice, the City Manager finds continued violations of the provisions of this chapter, the City Manager may apply for or impose the various sanctions provided in this section.

(c)    The City Manager may issue an administrative civil liability citation to anyone violating or failing to comply with any of the requirements of this chapter, in an amount not exceeding one hundred dollars ($100.00) for the first violation, two hundred dollars ($200.00) for the second violation in the same year, and four hundred dollars ($400.00) for each subsequent violation in the same year. In determining administrative civil penalties, the City Manager shall consider the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, the frequency of past violations, and any action taken to mitigate the violation.

(d)    Any person to whom the City Manager issues a notice of violation or an administrative civil liability citation may request an administrative hearing to appeal such warning or determination of liability by filing a written request with the City Manager. The City Manager will promulgate standards and procedures for requesting and conducting an administrative hearing under this chapter before a hearing officer. Any determination from the administrative hearing officer shall be final.

(e)    Anyone violating or failing to comply with any of the requirements of this chapter will be guilty of an infraction pursuant to Section 1-2.01(f).

(f)    The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.

(g)    The remedies and penalties provided in this section are cumulative and not exclusive of one another.

(Sec. 6 (part), Ord. 12-003, eff. Mar. 8, 2012)