Chapter 13.20
WATER CONSERVATION IN NORMAL, DROUGHT AND EMERGENCY CONDITIONS
Sections:
13.20.020 Application and administration of chapter.
13.20.030 Violations, enforcement, remedies.
13.20.060 Emergency condition.
13.20.070 Coordination with other municipal code chapters.
13.20.010 Definitions.
As used in this chapter:
A. “City of Vacaville landscape water efficient requirements” means City requirements establishing standards and procedures for landscape designs and installations in order to reduce water consumption.
B. “City water system” means the infrastructure necessary to treat and convey potable water to the City’s customers, including treatment plants, storage reservoirs, wells and pipelines.
C. “Customer or account holder” means the person, corporation, agency, or other entity that possesses a water meter connected to the City’s water system, and is responsible for making payment for service.
D. “Drought condition” means a condition where there is a water shortage necessitating a reduction in water use, either City-wide or in a sub-area or land-use category within the City, but that is not to the level of an emergency condition.
E. “Emergency condition” means a condition where there is a water shortage necessitating a reduction in water use, either City-wide or in a sub-area or land-use category within the City, of 50 percent or greater from the normal condition.
F. “Flow restrictor” means any device which limits the pressure or flow rate at the water service connection.
G. “General use” means all commercial, industrial, office and business water users, customers, and accounts including those condominium, apartment, multifamily, and mobile home park uses where several habitations are served by a single water meter.
H. “Irrigated metered use” means all water users, customers and accounts which either serve an agricultural use or water used for temporary construction purposes.
I. “Landscape irrigation schedule” means a schedule established which limits landscape irrigation activities to specified times of day. Specified irrigation days may also be established and irrigation times may be rotated among various users throughout the water system service area to equalize demands on the water system.
J. “Normal condition” means a condition where there are adequate water supplies to meet all of the City’s normal water demands without a need for special water conservation measures as defined in the current City of Vacaville Urban Water Shortage Contingency Plan.
K. “Rate blocks” means ranges of water units supplied by the City water system that define a rate tier for billing purposes (i.e., the Tier 1 residential block is defined as one to 12 units of water, with one unit equal to 100 cubic feet of water).
L. “Residential use” means all water users, customers and accounts except for those classified general use and metered irrigation use.
M. “Spray irrigation” means the act of applying water to landscape by sprinklers or spray nozzles.
N. “Urban Water Shortage Contingency Plan” means that section of the City of Vacaville’s Urban Water Management Plan that specifies the City’s response to varying reductions in precipitation and water supplies. References to “Urban Water Shortage Contingency Plan” shall mean the most current plan adopted by the City Council by resolution.
O. “Water waste restrictions” refer to prohibition of the following activities under drought and emergency conditions, and except for Subsection (O)(4) of this section, apply whether by a water customer of the City of Vacaville or by any other water user within the City:
1. The watering of grass, lawns, ground-cover, shrubbery, open ground, crops and trees in a manner or to an extent which allows excess water to run off of the landscaped area being watered or which results in overspray by spray irrigating facilities;
2. The washing of sidewalks, walkways, driveways, parking lots and all other hard surfaced areas by direct hosing, except as may be necessary to remove hazardous materials for protection of the public health and safety;
3. The washing of vehicles, equipment, structures and other items by direct hosing without the use of a shutoff nozzle;
4. The escape of water through breaks or leaks within the plumbing or distribution system of a user or customer of City water for any substantial period of time within which such break or leak should reasonably have been discovered and corrected. It will be presumed that up to 24 hours is a reasonable period after discovery of a break or leak to correct the problem;
5. The use of fire hydrants for purposes other than firefighting, water quality, maintenance, sanitation, and construction.
P. “Water shortage” means any condition in which water supply is less than actual or projected water demand. Water shortages can be short-term such as those caused by failure of water system infrastructure or long-term such as those caused by insufficient raw water supplies.
Q. “Water user or consumer” means any person, corporation, agency, or other entity that uses water from the City water system for any reason whatsoever regardless of whether the person, corporation, etc., is a customer or account holder.
(Ord. 1877, Added, 11/18/2014)
13.20.020 Application and administration of chapter.
A. Applicability. The provisions of this chapter shall apply to all water users served by the City of Vacaville water system. No water user of the City of Vacaville water system shall knowingly make, cause, use, or permit the use of water from the City water system for residential, commercial, industrial, agricultural, institutional, or any other purpose in a manner contrary to any provisions of this chapter.
B. Authority. The Utilities Department, through the Director of Utilities, shall be responsible for administration and enforcement of the provisions of this chapter. Wherever the term “Director of Utilities” is used in this chapter, it shall include the designee of the Director of Utilities.
C. Monitoring. The Utilities Department shall monitor water supply and demand and shall determine whether a water shortage exists, or is projected to exist, and will determine the magnitude of such shortage (drought condition or emergency condition).
D. Recommendation to City Council. Upon determination of a water shortage, the City Manager or his/her designee shall notify the City Council of the determination of the condition along with recommendations for enactment of drought or emergency conservation measures beyond those set forth in this chapter. The City Council will review recommendations by the City Manager or his/her designee and will authorize implementation of such drought or emergency conservation measures determined necessary by the City Council to address the drought or emergency condition.
E. Public Notification and Public Hearing. Before implementation of drought or emergency conservation measures, a public hearing shall be scheduled and held by the City Council. The hearing shall be advertised in a newspaper of general circulation within the City at least seven days in advance of the hearing. The public shall be notified of (1) the City’s intent to implement drought or emergency conservation measures, (2) a list of proposed conservation measures or means of access thereto, and (3) the date, time and place of the public hearing.
F. Declaration of Drought or Emergency Conditions and Conservation Measures. Following the public hearing, the City Council will, by resolution, determine whether a drought or emergency condition exists. This will in turn determine which water conservation measures identified in the City’s Urban Water Shortage Contingency Plan, in addition to those set forth in this chapter, are to be put into effect by the Utilities Department during the drought or emergency condition, and the water surcharges and/or changes in water rates to be charged to water customers and users, if any, during the drought or emergency condition.
G. Withdrawal of Drought and Emergency Conservation Measures. Drought or emergency conservation measures will continue to be in effect until the Utilities Department has determined that water shortage conditions have improved, justifying a less restrictive conservation level, and a resolution of the City Council is adopted declaring a reduction or elimination of conservation measures.
H. Right of Inspection and Access to Meters. Any duly authorized representative of the City shall have the right to inspect existing and new construction for compliance with this chapter and to access the customer’s water meter for inspection and for shutting off and turning on water service for installing or removing flow restrictors.
I. Place of Use. Water received from or through a meter may be used only on and for the property served by that meter.
J. Resale of Water. Resale of water supplied by the City is prohibited, except where specifically allowed by agreement approved by the City Council.
K. Use of Reclaimed Wastewater. Use of reclaimed wastewater is exempt from the provisions of this chapter and is encouraged in place of potable water supplied by the City water system where it is feasible and within state reclamation guidelines.
(Ord. 1877, Added, 11/18/2014)
13.20.030 Violations, enforcement, remedies.
A. Violations. It shall be a violation of this chapter for any water customer or account holder to violate any of the provisions of this chapter or of the administrative rules and regulations promulgated hereunder or to waste any water obtained from or through the City water system, or for any person to engage in wasting water as defined herein. The violation of each specific provision of this chapter, and each separate violation thereof, and each day the violation is allowed to continue, shall be deemed a separate offense, and shall be enforced accordingly.
B. Administrative Fines.
1. For the first violation within the preceding 12 calendar months, the Director of Utilities shall issue a courtesy written notice of the fact of such violation.
2. For the second violation within the preceding 12 calendar months, the Director of Utilities shall issue a written notice of violation and impose an administrative fine of fifty dollars against the account holder for the property where the violation occurred.
3. For each subsequent violation within the preceding 12 calendar months, the Director of Utilities shall issue a written notice of violation and the administrative fine shall increase by an additional fifty dollars from the immediately previous administrative fine against the account holder for the property where the violation occurred.
4. The maximum administrative fine per violation shall be five hundred dollars against the account holder for the property where the violation occurred.
5. As an additional remedy, the Director of Utilities may:
a. Install a flow restrictor on the property where the violation occurred or is occurring, for a length of time to be determined by the Director of Utilities, but in no event for more than one year; or
b. Disconnect service on the property where the violation occurred or is occurring, for a length of time not to exceed 60 days in length.
6. As an additional remedy, the violation of any provision of this chapter by any person who has received more than one written warning pursuant to Subsection (B)(1) of this section or against whom the Director of Utilities has imposed a second violation in one consecutive 12-month period is deemed to be and is hereby declared a public nuisance and may be subject to abatement by restraining order, injunction or other order issued by a court of competent jurisdiction.
7. In addition to any and all other fines, costs, fees, penalties and expenses which may be assessed or imposed as a result of a violation of this chapter, the account holder for the property who violates any provision of this chapter shall be liable and responsible for, and shall pay to the City, all costs incurred by City to enforce and/or abate any violation of this chapter.
C. Penalties. In addition to administrative fines, costs, fees and expenses which may be assessed or imposed as a result of a violation of this chapter, the City Council by resolution may implement penalties in the form of surcharges for water use in excess of water conservation goals in drought and emergency conditions in which a water conservation action stage is declared as defined in the Urban Water Shortage Contingency Plan.
D. Time Period for Accruing Violations. Accrued violations will be based on acts of noncompliance occurring within a consecutive 12-month period. Each successive 24-hour period of any violation or failure to comply shall be a separate and distinct violation.
E. Notice of Violation. For each violation, the Director of Utilities shall give notice as follows:
1. Written notice of violation will be sent through the U.S. mail, first-class prepaid, to the address of the account holder as shown on current water billing records or personally served on the account holder. The notice will be considered to have been served upon the account holder either upon depositing the notice in the U.S. mail or when personally served, whichever methodology is utilized.
2. Written notice of violation shall include the date, time, and location of the violation; a description of the violation; provisions of the ordinance violated; a statement of the assessed surcharge or other enforcement action; and the appeal procedures.
F. Right of Appeal. Any account holder provided a notice of violation in accordance with the provisions of this chapter shall have the right of appeal. A request for hearing must be made in writing and must be received by the Director of Utilities within 10 calendar days from the date of personal or mailed service of the notice of violation. Upon receipt of an appeal and request for hearing, all applicable surcharges and enforcement actions will be suspended until such hearing has been completed and a final determination made.
G. Determination of Appeal. The appeal will be heard and determined by the City Manager or the Designee of the City Manager. The City Manager shall consider whether the account holder knew or should have known of the violation at the time it occurred and whether the account holder took reasonable action to correct the violation upon notification of said violation. The determination of the City Manager will be final and conclusive.
H. Payment of Penalties and Charges. Any surcharge imposed pursuant to this section, or reimbursement of City expenses, shall be added to the account of the account holder for the property where the violation occurred and shall be due and payable on the same terms and subject to the same conditions as any other charge for regular water service.
I. Reimbursement of City Expenses. If violations result in either installation of a flow restrictor, discontinuation of water service, or injunctive relief sought and obtained by the City pursuant to this chapter, the account holder whose service is affected shall reimburse the City for all costs incurred, including attorney’s fees.
J. Reimbursement from Tenants. Nothing in this chapter shall limit or be construed to limit the right of an account holder to seek reimbursement of a surcharge or other costs from a tenant or other consumer.
(Ord. 1877, Added, 11/18/2014)
13.20.040 Normal conditions.
A. Water Conservation Goal. During normal conditions the City’s goal is to maximize beneficial use of water through specific provisions of this chapter, public education, voluntary water conservation, and the City of Vacaville water efficient landscape requirements.
B. Implementation Methods.
1. Water Pricing. Under normal conditions, water prices shall be established and modified from time to time with the objective of fully compensating for the acquisition, treatment and distribution of water through revenues collected from customers, and promoting beneficial use of the water. Water blocks and the water rates applicable to such blocks will be established by resolution of the City Council.
2. Water Conservation. The City of Vacaville water efficient landscape requirements for water conservation, as well as ongoing state mandated water conservation measures, shall be applicable under normal conditions.
3. Irrigated Metered Use. No water may be supplied for temporary construction purposes without a permit from the Department of Public Works and payment of the costs of such water as determined by the City Council by resolution. Other than water released by the City itself for public purposes, no water may be taken from a fire hydrant without a permit from the City, payment of water charges as required, and the use of metering and backflow prevention devices.
(Ord. 1877, Added, 11/18/2014)
13.20.050 Drought conditions.
A. Water Conservation Goal. During drought conditions the City’s water conservation goal is to achieve between a 20 percent to 50 percent reduction in water consumption compared with normal conditions.
B. Implementation Methods.
1. Water Pricing. Under drought conditions, water prices may be adjusted by any combination of (a) increases in the unit prices of water for established rate blocks, (b) modification of the unit amounts which define rate blocks, and (c) addition of new rate blocks. Under drought conditions, it may be necessary to increase prices to generate additional revenue to offset lost revenue due to lower water use, to acquire additional or supplemental supplies of water, or to promote water conservation. Changes in water pricing for drought conditions shall be made by City Council resolution in accordance with Section 6 of Article XIIID of the California Constitution and Section 53755 of the California Government Code, as such sections may be amended, renumbered, or redesignated from time to time.
2. Water Conservation. In addition to normal water conservation measures in this chapter, water waste restrictions, as defined in Section 13.20.010 of this chapter, shall be implemented under drought conditions. The watering and irrigation of plants, trees and landscaping will be restricted to a maximum number of days per week as designated in the Urban Water Shortage Contingency Plan. In addition, the following water use restrictions may be implemented by City Council resolution under drought conditions:
a. The watering and irrigation of plants, trees and landscaping may be allowed only during specified hours of the day, pursuant to regulations promulgated by the Director of Utilities.
b. Fountains and water-using ornamental structures may be prohibited from using water unless equipped with a recirculating pump.
c. Drought notices may be posted in hotels, motels and all public establishments offering lodging.
d. Restaurants may serve water to customers only upon request of their patrons.
e. No landscaping which requires irrigation, other than turf, may be installed unless irrigated with a drip irrigation system or a similar system with the equivalent savings in water usage.
f. Defer construction of new City parks unless the City Council specifically authorizes such construction in light of the drought conditions.
g. Prohibit new setback landscaping at commercial and industrial sites. Deferred installation agreements may be required to ensure construction of the setback landscaping when the water drought or emergency is over.
h. The City Council may direct, by resolution, additional water use restrictions to be implemented during a drought condition.
(Ord. 1877, Added, 11/18/2014)
13.20.060 Emergency condition.
A. Water Conservation Goal. During emergency conditions the goal is to achieve a 50 percent or greater reduction in water consumption compared with normal conditions.
B. Implementation Methods.
1. Water Pricing. Under emergency conditions, water prices and/or rate blocks may be further adjusted as set forth in Section 13.20.050.B.1.
2. Water Conservation. In addition to normal and drought water conservation measures, the following additional water use restrictions and conservation measures may be implemented by City Council resolution during emergency conditions:
a. Depending upon the severity of the water shortage, prohibit landscape watering to specified days only, or limit to only utilization of water for trees and plants watered by drip irrigation or handheld buckets/hoses, or prohibit all irrigation completely;
b. Depending upon the severity of the water shortage, prohibit other outdoor water use such as, but not limited to, the washing of equipment or vehicles, or limit such uses or activities to specific times during the day, on specified days only, at commercial washes only where recycling of water is maintained, or to prohibit all outdoor use of water altogether;
c. Depending upon the severity of the water shortage, require all swimming pools and spas to have a cover, limit refilling of pools and spas to certain days, or prohibit the issuance of any new building permits for a pool or spa;
d. Prohibit the operation of fountains or ornamental water-using structures;
e. Prohibit the installation of turf grass;
f. Depending upon the severity of the water shortage, prohibit the construction of new golf courses and reduce or prohibit new residential construction.
g. The City Council may direct, by resolution, other water use restrictions to be implemented during an emergency condition.
(Ord. 1877, Added, 11/18/2014)
13.20.070 Coordination with other municipal code chapters.
The provisions of this chapter shall prevail over conflicting sections of the Vacaville Municipal Code, if any, unless a later-enacted provision of the municipal code provides otherwise.
(Ord. 1877, Added, 11/18/2014)