Chapter 13.10
WATER SHORTAGE AND CONSERVATION PLAN
Sections:
13.10.010 Purpose and authority.
13.10.020 Declaration of policy.
13.10.060 Waste of water prohibited.
13.10.070 Water shortage stages.
13.10.080 Exceptions and application procedures for exceptions.
13.10.090 Violation – Enforcement.
13.10.110 Requiring flow-restricting device or shutting off water.
13.10.120 Violation – Installation of a flow-restricting device after appeal hearing.
13.10.130 Violation – Additional remedy.
13.10.010 Purpose and authority.
The purpose of this water shortage and conservation plan is to conserve the water supply of the city for the greatest public benefit with particular regard to public health, fire protection, and domestic use; to conserve water by reducing waste; and to achieve water use reductions in response to water shortages that occur from time to time.
Nothing in this ordinance shall preclude the council from passing an emergency resolution for the immediate curtailment of water use by its customers due to water supply shortages and delivery limitations caused by catastrophic events and conditions, either natural or unnatural. (Ord. 09-2009 § 1, 2009; Ord. 02-2009 § 2, 2009).
13.10.020 Declaration of policy.
It is declared that, because of the conditions prevailing in the city and in the county of Sonoma, the public health, safety, and welfare requires that the water resources available to the city be put to the maximum beneficial use to the extent to which they are capable, by promoting water conservation and the efficient use of potable water furnished by the city, eliminating intentional or unintentional water waste when a reasonable alternative solution is available, and prohibiting use of equipment which is wasteful. (Ord. 09-2009 § 1, 2009; Ord. 02-2009 § 2, 2009).
13.10.030 Definitions.
“Allotment” means the maximum quantity of water allowed for each customer over any applicable period as established in the water rationing provisions in this chapter.
“City” means the city of Sonoma acting by and through the city of Sonoma public works department as operator of the city of Sonoma water system.
“City manager” is the city manager of the city of Sonoma.
“Council” is the city council of the city of Sonoma.
“Customer” means any person, whether within or without the geographic boundaries of the city of Sonoma, who uses water supplied by the city and shall also include any nonoccupant property owners.
“Director” is the public works director of the city of Sonoma.
“Excess use” means the usage of water by a water customer in excess of the water allotment provided under the water rationing provisions of this chapter, over an applicable period.
“GPD” means gallons per day.
“Municipal code” means the municipal code of the city of Sonoma.
“Ornamental fountain” means a fountain that uses city of Sonoma potable water and may or may not have a system that recirculates the water and is not used for habitation of pet fish or other pet marine creatures.
“Person” means any person, firm, partnership, association, corporation, company, organization, or governmental entity.
“Service interruption” means the temporary suspension of water supply, or reduction of pressure below that required for adequate supply, to any customer, portion of a water supply, or entire system.
“Water rationing” means procedures established to provide for the systematic distribution of critically limited water supplies, in order to balance demand and limited available supplies, and to assure that sufficient water is available to preserve public health and safety. (Ord. 09-2009 § 1, 2009; Ord. 02-2009 § 2, 2009).
13.10.040 Authorization.
The city manager or his/her designee is authorized and directed to implement the applicable provisions of this chapter upon determination that such implementation is necessary to protect the public health, safety, and welfare. (Ord. 09-2009 § 1, 2009; Ord. 02-2009 § 2, 2009).
13.10.050 Application.
The provisions of this chapter shall apply to all persons, customers, and property served by the city. (Ord. 09-2009 § 1, 2009; Ord. 02-2009 § 2, 2009).
13.10.060 Waste of water prohibited.
It is unlawful for a customer to permit potable water to escape down a gutter, ditch, or other surface drain and/or to fail to repair a controllable leak of water due to defective plumbing. No customer shall use or permit the use of potable water from the city for residential, commercial, institutional, industrial, agricultural, or other purpose for the nonessential uses as defined in subsection (A) of this section.
A. Nonessential Uses. Nonessential uses are defined as follows:
1. The washing of sidewalks, walkways, driveways, parking lots, and other hard-surfaced areas by direct hosing, except as may be necessary to properly dispose of flammable or other dangerous liquids or substances, wash away spills that present a trip and fall hazard, or to prevent or eliminate materials dangerous to the public health and safety; provided, that the disposal of such is in conformance with Chapter 13.32 SMC, Stormwater Management and Discharge Control;
2. The escape of water through breaks or leaks within the customer’s plumbing or private distribution system for any substantial period of time within which such break or leak should reasonably have been discovered and corrected. It shall be presumed that a period of 72 hours after the customer discovers such a break or leak or receives notice from the city is a reasonable time to correct such break or leak or, at a minimum, to stop the flow of water from such break or leak;
3. Irrigation in a manner or to an extent which allows excessive runoff of water or unreasonable over-spray of the areas being watered. Every customer is deemed to have his/her water system under control at all times, to know the manner and extent of his/her water use and any runoff, and to employ available alternatives to apply irrigation water in a reasonably efficient manner;
4. Washing cars, boats, trailers, or other vehicles and machinery directly with a hose not equipped with a shutoff nozzle; and
5. Water for nonrecirculating conveyor car wash systems.
B. Exempt Water Uses. Use of water supplied by a private well or from a reclaimed wastewater, grey water, or rainwater utilization system is exempt from this chapter. (Ord. 09-2009 § 1, 2009; Ord. 02-2009 § 2, 2009).
13.10.070 Water shortage stages.
The council may declare any of the water shortage stages set forth in subsections (A) through (F) of this section by resolution to respond to the corresponding estimated water shortage that may result from the following: droughts, extreme weather events, natural disasters, extended power outages, reduced deliveries from the Sonoma County Water Agency, regulatory droughts, and other water shortage conditions. When a water shortage stage has been declared by the council, it shall be a violation of this section for any customer of the city to knowingly make, cause, use, or permit the use of city-supplied water for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner in excess of or contrary to the applicable requirements set forth below.
A. Stage 1. Minimal Shortage – Up to 10 Percent (Voluntary). In order to achieve an overall system-wide reduction goal of up to 10 percent, the following voluntary demand reduction actions will apply to all potable water customers of the city:
1. Washing sidewalks, walkways, driveways, parking lots and other hard-surfaced areas by direct hosing is not recommended, unless necessary for public health and safety.
2. Breaks or leaks are recommended to be corrected within 72 hours of discovery or notice from the city.
3. Irrigation in manner that allows excessive runoff of water, or unreasonably over-sprays the area of irrigation, is not recommended.
4. Washing cars, boats, trailers or other vehicles and machinery directly with a hose not equipped with a shutoff nozzle is not recommended.
5. Use of potable water for nonrecycling decorative water fountains is not recommended.
6. Use of water for single pass evaporative cooling systems for air conditioning is not recommended for all connections installed after June 6, 2000, unless required for health or safety reasons.
7. Use of water for new, nonrecirculating conveyor car wash systems is not recommended.
8. Use of water for new nonrecirculating industrial clothes wash systems is not recommended.
9. Restaurants may only serve water upon request.
10. Hotels and lodging establishments offer a linen service opt-out.
11. The irrigation with potable water of ornamental turf on public street medians is not recommended.
12. Irrigation with potable water outside of newly constructed homes and buildings that is not delivered by drip or microspray systems is not recommended.
The city will implement media campaigns, including: publicize the water shortage and conservation measures using a media campaign, newspaper articles, and website; promote water conservation programs; hold water efficiency workshops and public events; and distribute water bill inserts with information about water shortage and conservation.
B. Stage 2. Moderate Shortage – Up to 20 Percent (Mandatory). When a Stage 2 water shortage has been declared by the council, in order to achieve an overall system-wide reduction goal of up to 20 percent, the following mandatory demand reduction actions will apply to all potable water customers of the city:
1. Voluntary action and measures from Stage 1 are now mandatory.
2. Use of any garden or utility hose without a hose-end shutoff nozzle is prohibited.
3. Irrigation limited to three days per week, and irrigation is limited to the hours between 8:00 p.m. and 6:00 a.m.
4. Recycled water must be used for construction dust control.
5. Conduct water use surveys targeting high water users.
6. Car washing shall be allowed only at facilities using recycled or recirculating water.
7. Dedicated irrigation customers are required to conduct the irrigation survey.
The city will continue with action and measures from Stage 1 except where superseded by more stringent requirements; accelerate leak detection and repair program; suspend routine flushing of water mains except when necessary to address immediate health or safety concerns or when flushing can be conducted without discharge; and reduce distribution system pressures.
C. Stage 3. Severe Shortage – 20 Percent to 30 Percent (Mandatory). When a Stage 3 water shortage has been declared by council, in order to achieve an overall system-wide reduction goal of up to 30 percent, the following mandatory demand reduction actions will apply to all potable water customers of the city:
1. Continue with action and measures from Stage 2 except where superseded by more stringent requirements.
2. Irrigation limited to two days per week, and irrigation is limited to the hours between 8:00 p.m. and 6:00 a.m. This measure is voluntary under Stage 2 and becomes mandatory under Stage 3.
3. All pools must be covered when not in use.
The city will continue with action and measures from Stage 2 except where superseded by more stringent requirements; and implement drought rate structure/water budget.
D. Stage 4. Severe Shortage – 30 Percent to 40 Percent (Mandatory). When a Stage 4 water shortage has been declared by council, in order to achieve an overall system-wide reduction goal of up to 40 percent, the following mandatory demand reduction actions will apply to all potable water customers of the city:
1. Continue with action and measures from Stage 3 (except as set forth within subsection (D)(6) of this section) except where superseded by more stringent requirements.
2. Filling and/or refilling new and existing decorative water features (i.e., ponds, lakes, and fountains) is prohibited.
3. Filling new swimming pools is prohibited.
4. Filling or topping-off of existing swimming pools is prohibited.
5. Conduct water use surveys targeting high water users.
6. Irrigation limited to one day per week, and irrigation is limited to the hours between 9:00 p.m. and 6:00 a.m.
The city will continue with action and measures from Stage 3 except where superseded by more stringent requirements.
E. Stage 5. Critical Shortage – 40 Percent to 50 Percent (Mandatory). When a Stage 5 water shortage has been declared by council, in order to achieve an overall system-wide reduction goal of up to 50 percent, the following demand reduction actions will apply to all potable water customers of the city:
1. Continue with action and measures from Stage 4 except where superseded by more stringent requirements.
2. Use of potable water for irrigation is prohibited for all customers.
3. All residential and commercial, industrial and institutional customers shall reach a water reduction of 45 percent from previous use.
The city will continue with action and measures from Stage 4 except where superseded by more stringent requirements.
F. Stage 6. Critical Shortage – Greater Than 50 Percent (Mandatory). When a Stage 6 water shortage has been declared by council, in order to achieve an overall system-wide reduction goal of greater than 50 percent, the following mandatory demand reduction actions will apply to all potable water customers of the city:
1. Continue with action and measures from Stage 5 except where superseded by more stringent requirements.
2. No water-using landscape may be installed in new construction.
3. New construction must offset new demand by conserving one times the new demand within the community.
4. No new water-using landscape may be installed by any customer.
5. All residential and commercial, industrial and institutional customers shall reach a water reduction of 55 percent from previous use.
The city will continue with action and measures from Stage 5 except where superseded by more stringent requirements; and increase staff enforcement to ensure customers are complying with the assigned water budget. (Ord. 10-2021 § 1, 2021; Ord. 09-2009 § 1, 2009; Ord. 02-2009 § 2, 2009).
13.10.080 Exceptions and application procedures for exceptions.
Any customer may make written application for an exception to the provisions of this chapter. Exception applications shall describe in detail the reasons the customer believes an exception is justified.
A. The city manager may grant exceptions for use of water otherwise prohibited by this chapter upon finding and determining that failure to do so would cause an emergency condition affecting the health, sanitation, fire protection or safety of the applicant or public, or cause an unnecessary and undue hardship on applicant or the public, including, but not limited to, adverse economic impacts, such as loss of production or jobs.
B. The decision of the city manager may be appealed to the council by submitting a written appeal to the city clerk within 15 calendar days of the date the decision is served upon the applicant along with a copy of this chapter. Upon granting any appeal, the council may impose any conditions it determines to be just and proper. Exceptions granted by the council shall be prepared in writing and the council may require the exception be recorded at the applicant’s expense.
C. If the applicant fails to appeal the decision of the city manager within the time prescribed under subsection (B) of this section, the applicant waives all rights to an appeal of the decision of the city manager and shall have failed to exhaust their administrative remedies. (Ord. 09-2009 § 1, 2009; Ord. 02-2009 § 2, 2009).
13.10.090 Violation – Enforcement.
It shall constitute a violation of this chapter for any customer to fail to comply with any of its sections or any resolution, regulation, urban water management plan, water shortage contingency plan, or other plan or enactment adopted by the city council to implement any of the requirements of this chapter. Any violation of this chapter shall be enforceable as set forth within SMC Title 1 or any other provision of this code. The administrative fines for any violations of this chapter shall be established by the fines schedule adopted by resolution of the city council, pursuant to SMC 1.28.030. However, if no fine is established then the amount of the fine per each violation shall be a maximum of $100.00 for a first violation, $200.00 for a second violation, and $300.00 for a third or subsequent violation within one year. (Ord. 10-2021 § 2, 2021; Ord. 09-2009 § 1, 2009; Ord. 02-2009 § 2, 2009).
13.10.100 Violation – Procedure for enforcement.
Repealed by Ord. 10-2021. (Ord. 03-2018 § 5, 2018; Ord. 09-2009 § 1, 2009).
13.10.110 Requiring flow-restricting devices or shutting off water.
In addition to the penalties set forth by SMC 13.10.090, the city manager or his/her designee may order the installation of a flow-restricting device or terminate water service where there is good cause. Good cause includes, but is not limited to, evidence of recurring violations of this chapter, failure to timely pay administrative penalties, or recurring failure to pay water bills. Before any installation of a flow-restricting device or termination of water service, the city manager or his/her designee must comply with the following requirements:
A. Before initiating any water termination process, the city attorney shall be contacted to ensure all pertinent statutory requirements are followed.
B. Service of written notice the city manager or his/her designee’s decisions upon any customer billed by the city, occupants of the property, and any nonoccupant property owners. This notice shall provide a copy of the city manager or his/her designee’s decisions, including the reasons for that decision; a written explanation of the good cause in support of installing the flow-restricting termination of water services; a copy of this chapter and Chapter 1.24 SMC; a form notice to appeal; a statement that the customer or other interested persons, including any other occupants of the property or any nonoccupant property owners, have a right to be heard before the council by exercising the right of appeal; city fees that may be assessed for filing an appeal; and a reference to the 15-day time limit for appealing the city manager’s or his/her designee’s final decision to the council in conformance with Chapter 1.24 SMC.
C. If a customer or any other persons with an occupancy or ownership interest of the serviced property files a notice of appeal that meets the relevant requirements of such an appeal, the city manager shall schedule a hearing as required under Chapter 1.24 SMC.
D. On the date of the hearing before the council, the customer and any interested persons shall be given the right to testify, call witnesses, and to present evidence relevant to concerning the matters giving rise to flow-restricting device or termination of water service.
E. After the hearing, the council may utilize their powers to either affirm, reverse, or modify the city manager’s or his/her designee’s decision. (Ord. 09-2009 § 1, 2009; Ord. 02-2009 § 2, 2009. Formerly 13.10.100).
13.10.120 Violation – Installation of a flow-restricting device after appeal hearing.
If the council finds in an appeal hearing that a water flow-restricting device should be installed, the council shall establish a date by which the city will install the device and the council shall further require the person(s) found responsible to reimburse the city its costs in installing the flow-restricting device. If the person(s) found responsible fails to pay these installation costs in a timely manner after being billed for such costs by the city, the city manager may utilize the procedures contained in Chapter 1.12 SMC to commence enforcement action and pursue any remedy available under law to recoup the city’s installation costs. (Ord. 10-2021 § 4, 2021; Ord. 09-2009 § 1, 2009).
13.10.130 Violation – Additional remedy.
As an additional remedy, the violation of any provision of this chapter shall be deemed, and is declared to be, a public nuisance and may be abated in accordance with Chapter 1.12 SMC. (Ord. 09-2009 § 1, 2009; Ord. 02-2009 § 2, 2009. Formerly 13.10.110).