(a) Definitions.
(1) Acre-foot of water - that quantity of water required to cover (1) acre of land one (1) foot deep, or three hundred twenty-five thousand, eight hundred fifty-one (325,851) gallons.
(2) Active recreational area - an area designated and primarily used for organized sports, including, without limitation, softball, baseball, football, soccer or a similar related sport, including all amenities related to the activity.
(3) Body of water - any artificially constructed lake, pond, or lagoon, regardless of size.
(4) City - the City of Adelanto.
(5) Controller - a mechanical timer capable of operating valve stations to set days, length of time, and frequency of water application.
(6) Escaped water - the pumping, flow release, escape, or leakage of any water from any pipe, valve, faucet, connection, diversion berm, well, or any facility for the purposes of water supply, transport, storage, disposal, or delivery onto adjacent property or public right-of-way.
(7) Excess runoff - water accumulation on streets, gutters, neighboring properties, or other areas in an amount sufficient to cause flow.
(8) Manager - the City Manager or the City Manager’s designee.
(9) Lot - a legally created parcel of land occupied or intended for occupancy by one (1) main building together with its accessory buildings, and uses customarily incidental to it, including the open space required by the City’s zoning ordinance, and having it’s principal frontage upon a street as defined in the City’s zoning ordinance.
(10) Model home - a facility used exclusively for the promotion and sale of homes similar to the model.
(11) Person - an individual, corporation, partnership, incorporated association, or any other similar entity.
(12) Public water system - any publicly or privately owned network of pipes, conduits, wells, reservoirs, holding tanks, and other components, including any combination thereof, which supplies water to water users, who are charged a fee of any kind or nature for such purpose, or which is designed to supply water or is capable of supplying water to water users for a fee, and includes any such system whether it is operated under the regulatory authority of the City of Adelanto, but does not include any irrigation company or district whose primary purpose is to supply water for farming.
(13) Residential development - the development of any type of dwelling unit or units suitable or designed for human habitation, including, but not limited to, single family homes, condominiums, or manufactured homes, but not including hotels, motels, licensed convalescent homes, commercially operated retirement homes, time share units, or the like. “Residential development” shall not include remodeling or reconstruction where no new dwelling unit is created.
(14) Right of way - land which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the general public for street, highway, alley, public utility, or pedestrian walkway purposes.
(15) Turf - a surface layer of earth containing grass with its roots.
(16) Turf-related facility - a school, public recreational facility, cemetery, golf course, industrial park, or common area of a housing development that applies water from any source, including effluent.
(17) Water-intensive landscape - an area of land that is watered with a permanent water application system and planted primarily with plants not listed in Section H “Approved Plant List”. Included is the total surface area of all water features (i.e. swimming pools of any size, fountains, ponds, water courses, waterfalls, and other artificial water structures) filled or refilled with water from any source.
(18) Water purveyor - the owner or operator of a public water system.
(19) Water user - those persons, customers, and properties served by a water purveyor within the incorporated boundaries of the City.
(20) Water waste - the indiscriminate use or excessive dissipation of water, which is unproductive or does not reasonably sustain life or economic benefits.
(b) Application of Section.
The provisions of this chapter shall apply to all water users. Any new single family residential development that is in Final Map check or has submitted Street Improvement Plans at the time this Ordinance is adopted is exempt from these regulations.
(1) Resulting from fire fighting, hydrant flushing, or fire training activities; or
(2) Necessary to prevent or abate threats to the public health or safety; or
(3) From routine maintenance of any public water system or from temporary water system failures or malfunctions; or
(4) From water users engaged in landscape irrigation with treated wastewater, effluent, grey water, or other nonpotable water.
(c) Prohibited Water Uses and Water Waste.
The restrictions or prohibitions in this chapter shall not apply to water use, runoff, or flow.
(1) It shall be unlawful for any water user of a public water system to knowingly allow water waste at any location or premises within the City limits after having been served with a notice of violation, pursuant to Section 17.60.070
(c) for wasting water from the same location or premises.
(2) It shall be unlawful for any owner, occupier, or manager of real property within the City to knowingly allow water waste at any such real property after having been served with a notice of violation, pursuant to Section 17.60.070
(c) for wasting water from the same location or premises.
(3) It shall be unlawful for any water user within the City to knowingly make, cause, use, or permit the use of water for residential, commercial, industrial, agricultural, or any other purpose in a manner contrary to any provision of this chapter.
(4) It shall be unlawful for any water user to cause or permit any water furnished to any property within the City to run or to escape from any hose, pipe, valve, faucet, sprinkler, or irrigation device onto any sidewalk, street, or gutter or to otherwise escape from the property, if such running or escaping can reasonably be prevented.
(5) It shall be unlawful for any water user to wash any vehicle, equipment, or other object, or any driveway, parking lot, sidewalk, street, or other paved surface, in any manner permitting the continuous flow of water for more than five minutes.
(6) Commercial and noncommercial watering of turf, ground cover, open ground, shrubbery, crops, gardens, and trees, including agricultural irrigation, in a manner or to an extent which allows substantial amounts or excess runoff shall not be permitted. A minimum amount of runoff, which is a natural consequence of conservative watering, either by hand or by mechanical or automated sprinkling facilities, is permitted, so long as such runoff does not amount to excess runoff as defined in this Chapter.
(7) It shall be unlawful for any water user to permit the excess use, loss, or escape or water through breaks, leaks, or other malfunctions in the water user’s plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected.
(8) It shall be unlawful for any water user to willfully or negligently permit or cause the escape or flow of irrigation water in such quantity as to cause flooding, impede vehicular or pedestrian traffic, create a hazardous condition to such traffic, or cause damage to public or private rights of way through failure or neglect to properly operate or maintain any irrigation structure, delivery ditch, or waste ditch.
(9) It shall be unlawful for any water user to water or permit the watering of water intensive landscape or turf at time other than as authorized by the water purveyor.
(10) It shall be unlawful for any water user to willfully or negligently fail to accept irrigation water after it has been ordered.
(d) Limitation on water intensive landscape and turf areas within new nonresidential facilities.
The following types of facilities shall limit the water intensive landscape and turf within the landscaped area to the following percentages of the total lot area, and all remaining landscaped area shall consist of plants listed in Section 17.60.080:
(1) Churches. Twenty percent (20%) of total lot area.
(4) Active recreational areas shall not be considered in calculating the percentage of the total lot area and shall not be considered in determining compliance with this Section.
(5) No water intensive landscape or turf shall be permitted in any right of way.
(6) No water features (ponds, fountains, etc.) shall be allowed without proof that the feature is utilizing water conservation measures such as recirculated water.
(e) Limitations on model home and new residential development landscaping.
(1) Developers are required to provide front and street side yard landscaping to all new developments prior to the issuance of a Certificate of Occupancy. All new model homes and new residential development shall limit water intensive landscape and turf area to the following percentage of the total lot area, and all remaining landscaped area shall consist of plants listed in Section 17.60.080:
A. Front yard and street side yards. Twenty percent (20%) of the total front/street side yard area. (The total yard area of single-family residences includes any hardscape areas such as driveways and walkways).
1. Rear yard. No limitations.
2. Common areas in residential developments. Ten percent (10%) of the first acre and five percent (5%) of each additional acre up to five (5) acres. Residential developments larger than five (5) acres shall not plant any additional water intensive landscape and turf in common areas.
3. Each model home complex shall include at least one plan with no turf. This no-turf option shall be offered as an option to the home buyer.
4. Water intensive landscape or turf is not limited in rear yards, but is strongly encouraged.
5. No water intensive landscape or turf shall be permitted in any right of way.
6. No water features (ponds, fountains, etc.) shall be allowed without proof that the feature is utilizing water conservation measures such as re-circulated water.
Any modification to the landscaping that results in a proven reduction of water use may be used to obtain greater flexibility in the minimum turf area allowed. Methods used to reduce water use may include: satellite sprinkler systems, elimination of surface runoff, and/or the use of reclaimed water.
(f) Public education during drought.
The City will use intensive public education to assist water users impacted by the drought to understand the City’s need for voluntary compliance. In addition to education, the City may use enforcement measures to curb water misuse.
(g) Drought management plan implementation.
(1) The City Council shall promulgate a drought management plan containing regulations setting forth the criteria for implementation and termination of various water use reduction stages.
(2) The City Council is authorized to declare a drought, and to implement a drought management plan, in response to events including, but not limited to, the following: reductions in supply from the Mojave Water Agency or Adelanto Public Utilities Authority, or when an insufficient supply appears likely due to water system limitations or structural failure.
(3) Such declaration may designate the entire area of the City, or a portion of it if the shortage is not Citywide.
(4) The City Council may terminate the drought declaration when he or she determines that the events that triggered the drought no longer exist.
(h) Notification and publication of drought management plan.
If the City Council determines that the health and safety of the City dictate implementing the drought management plan, notification shall be published in a paper of general circulation, to educate the public about the need for the plan, and give them notice of conservation regulations and requirements of the applicable stage of the plan. A copy of the drought management plan shall also be available for inspection at the City Clerk’s office.
(I) Enforcement of drought management plan.
(1) The City Manager or his or her designee shall have authority to take actions to enforce any mandatory elements that are part of drought management plans.
(2) A written notice shall be placed on the property when a first violation occurs, and a duplicate mailed to the person who is responsible for the service to the property where the violation took place. The notice shall describe the violation and order that it be abated immediately.
(3) For subsequent violations, the City will issue citations and fines according to the provisions of this Chapter.
(4) Funds generated by the fines under this Section shall be used to mitigate the impact of the drought.
(j) Variances from drought management plan.
Variances to drought management plan provisions may be granted at the discretion of the City Manager or his or her designee. Applicants for a variance must apply in writing to the City Manager or his or her designee, and demonstrate special circumstances such as health and safety needs or obligation of contract.
(k) Limited exemption to restrictions for users of reclaimed water.
To the extent they are exempt from the drought management plan, users of reclaimed or recycled water shall clearly post notices stating that the water being used is not potable and not from the public drinking water supply, and is in conformance to the drought management plan in force at the time.
(l) Violations.
(1) For a first violation of any provision of this chapter, the City shall issue a written notice of first violation and provide the violator with educational materials on water conservation, including a copy of the relevant provisions of this chapter. The City shall give the water user a reasonable period of time to correct the violation. Failure to correct the violation within a reasonable period of time shall constitute a second violation.
(2) For a second violation of any provision of this chapter, the City shall issue a written notice of second violation to the water user imposing a fine in the amount not to exceed that outlined in the City of Adelanto Municipal Code and requiring immediate correction of the violation.
(3) For a third violation of any provision of this section, the City shall issue a written notice of third violation to the water user imposing a fine in an amount not to exceed that outlined in the City of Adelanto Municipal Code and requiring immediate correction of the violation.
(4) For a fourth or subsequent violation of this Section, the City shall impose a fine in an amount not to that outlined in the City of Adelanto Municipal Code. The fourth and each subsequent violation of this chapter shall be deemed a public nuisance, which may be abated pursuant to the procedures provided in the City of Adelanto Municipal Code.
(5) Any fine imposed under this Section shall be collected in accordance with the procedures provided in the City of Adelanto Municipal Code. Failure to pay any portion of a water user’s account, including any fines imposed pursuant to this Section, shall subject said account to termination of water service in accordance with the provisions of this Section.
(6) In addition to the remedies set forth above, the City may seize equipment, line, fountains, and other devices which are operated in violation of this Chapter, until the fine is paid. The City may dispose of these items if the fine is not paid in six (6) months from the date the equipment was confiscated.
(m) Right to hearing.
Any water user against whom a penalty is levied under this chapter shall have a right to a hearing before the City Manager of the City Manager’s designee.
[Ord. No. 515, Exhibit I, 5/22/13; Ord. No. 528, Exhibit M, 9/10/14.]