Chapter 13.10


13.10.010    Findings and purpose.

13.10.020    Limitation on water use.

13.10.030    Water restrictions – Powers of the city.

13.10.040    Water restrictions – Surcharge.

13.10.050    Enforcement.

13.10.060    Severability clause.

13.10.010 Findings and purpose.

(1) The city’s water supply is subject to weather conditions, water contamination, interruption of supply and other emergencies and, therefore, usage reductions may be required to assure an adequate supply for essential needs; and

(2) The city is supplied water in part by the city of Anacortes water department, and this water supplier has requested that the city of Oak Harbor provide for measures and authority to impose emergency water restrictions and sanctions to conserve water consumption during such emergency in accordance with a water shortage response plan; and

(3) The unrestricted water use for non-essential purposes during water emergencies will endanger the adequacy of the water supply for essential needs; and

(4) Compliance with said restrictions will be encouraged by imposition of additional charges for water usage in excess of authorized usage during an emergency; and

(5) The city council recognizes the critical importance of an immediate response by the city in the event of any water supply emergency; and to provide this response, the mayor or his/her designee, shall be granted authority to implement the water shortage response plan, hereinafter referred to as the plan; and

(6) This chapter is necessary for the health, safety and welfare of the city of Oak Harbor. (Ord. 1263 § 2, 2001).

13.10.020 Limitation on water use.

In the event that a supplier notifies the city of a shortage of water or the mayor reasonably determines such a shortage or emergency to be imminent, the mayor or his/her designee is authorized to implement the plan, according to drought condition levels identified in the plan, in order to efficiently safeguard the safety and health of the general public or to provide for the public convenience. The use of water in the city or in any portion thereof, for irrigation, cooling, sprinkling, washing of motor vehicles or outdoor surfaces, or other uses may be forbidden, restricted, or regulated and such regulations may be made effective as to all customers or as to particular classes of customers. Rationing may be imposed during any shortage of water, either in lieu of or in addition to other measures hereby authorized.

(1) Upon receiving notification from a water supplier of an impending water emergency or in the event of transmission and/or distribution system failure, the water division will notify the mayor within 24 hours or on the next business day that a water emergency/shortage will be or has been declared.

(2) The mayor or his/her designee will issue a public notification of the declaration of water emergency and imposition of restrictions.

(3) Restrictions will be in effect immediately upon issuance of the public notification. Restrictions and the amount of surcharge for violations of mandatory restrictions will be posted and published as outlined in the plan.

(4) Notice of emergency rationing shall be delivered in whatever means available to inform both residents and businesses. Delivery could include posting at businesses, library, newspapers, radio, television, or door-to-door. However, lack of said personal notice shall not relieve a water customer from the duty to abide by the emergency regulation. (Ord. 1263 § 3, 2001).

13.10.030 Water restrictions – Powers of the city.

The mayor or his/her designee shall conduct public education efforts regarding the benefits and necessity of conservation by the public, and is authorized, to promulgate such rules and regulations as may be necessary to implement water use restriction. The regulations will be on file with the city clerk, and the rules and regulations and any amendment thereto shall be effective five days after said filing with the city clerk. The mayor or his/her designee is further authorized to make exceptions to such restrictions in specific cases as he/she finds reasonable which may in the mayor’s discretion include, but not be limited to, watering newly seeded or sodded lawns, food sources, landscape ornamental plantings required by the city, when necessary to alleviate unnecessary economic hardship to commercial or industrial activities, or to prevent possible damage to health, safety or welfare. (Ord. 1263 § 4, 2001).

13.10.040 Water restrictions – Surcharge.

It is unlawful for any person to violate water use and restrictions and violation of these provisions shall be a misdemeanor punishable under the general penalty provisions of this code. In addition to other lawful remedies, the mayor or his/her designee is authorized to impose a surcharge for the first occurrence after a documented warning notice and each subsequent violation in which a customer’s water usage practices exceed water conservation restrictions as provided for in this chapter. Said surcharge will be added to and become a part of the water bill for the customer in addition to any service rate amounts. Prior to the imposition of the first surcharge, a public works department representative shall deliver in person or post a notice at the service address advising of the customer’s water usage practices in excess of mandatory water shortage restrictions and advising that a surcharge may be imposed for any further violations. A copy of the violation notice shall also be mailed to the owner and/or occupant. The mayor shall promulgate regulations providing for appeal of any notice of violation. Appeals must be received within five working days of delivery of notice of violation.

(1) Surcharges for violations of water restrictions in effect until thereafter adjusted shall be $25.00 for first violation, $50.00 for a second violation, and $250.00 for a third or subsequent violation.

(2) Surcharges for all customer classes will be reviewed annually based on actual or projected expenses of the water division necessary to maintain a water supply during an emergency. (Ord. 1263 § 5, 2001).

13.10.050 Enforcement.

(1) The mayor or his/her designee, including any employee of the city of Oak Harbor public works division, or field personnel, or police officer of the city, shall have the authority to enforce the provisions of this chapter.

(2) In addition to the surcharges provided, the mayor or his/her designee may cause water service to be terminated for subsequent or continuing violation of water conservation restrictions. (Ord. 1263 § 6, 2001).

13.10.060 Severability clause.

If any section, subsection, sentence, clause, phrase, part or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 1263 § 7, 2001).