(A) Subject to review by the City Council at any regular or special meeting of the City Council, a "water emergency" may be declared by the City Manager or his or her designee to exist when any condition or situation exists that may threaten the availability and/or safety of either treated or potable water from the water supply, treatment, and distribution system operated and maintained by the city. A "water emergency" shall be declared by the City Manager or his or her designee to exist when users of the city water system cannot be supplied with treated or potable water without substantially curtailing the water demand placed on the city's water system. Furthermore, a "water emergency" shall be declared to exist when production, treatment, transmission, and storage facilities are incapable of meeting all daily water demands or when projections of available water show that the available supply of water will not meet the daily water demands.
(B) A declaration of the existence of a "water emergency" by the City Manager or his or her designee shall specify the level of severity of the emergency and be in the form of a signed executive order that, upon its issuance, shall be distributed to the Mayor and members of the City Council in a manner calculated to provide the most expeditious notification possible. Once the distribution of the declaration of the existence of a "water emergency" to the Mayor and members of the City Council has been undertaken, the City Manager or his or her designee shall give notice to the general public by means of a public press announcement of the existence of a "water emergency" and the severity thereof. The regulatory provisions authorized by this section will become effective 24 hours after the issuance of the public press announcement specified in the preceding sentence.
(C) In the event of a sudden and severe water shortage created by a disrupted waterline or some other malfunction/disruption of the city's water system, the City Manager or his or her designee may immediately place into effect the appropriate restrictive provisions authorized herein. The restrictive provisions implemented by the City Manager or his or her designee may include, but are not limited to, the temporary discontinuance of service without prior notice to any person, entity, or structure receiving water from the city water system. Furthermore, such restrictive provisions implemented as a consequence of a sudden and severe disruption of water service may also include, but are not limited to, any combination of the various restrictions found within the different levels of staged water use restrictions prescribed by division (D) below. Any restrictive provisions implemented pursuant to this division may be city-wide in scope or limited to the geographic area of the city affected by a localized disruption of the city's water system. The necessity of such restrictive provisions shall be reevaluated on a daily basis by the City Manager or his or her designee, in consultation with the Water Resources Director, and the restrictive provisions authorized by this division shall be terminated by the City Manager or his or her designee as soon as is practicable. In the event of the imposition of such temporary restrictive provisions due to a sudden disruption to the water system, the notification requirements prescribed by division (B) above shall be implemented as soon as practicable.
(D) The severity of a "water emergency" shall be classified and expressed by the City Manager or his or her designee in terms of the level of staged water use restrictions imposed on consumers of water from the city water system. For the purpose of this section, the staged water use restrictions are as follows:
(1) Level I (Voluntary). During a declared Level I water emergency, consumers of water from the city water system shall be encouraged to implement the following voluntary water conservation practices:
(a) Watering of lawns, ornamental plants, and gardens should be limited to the hours between 7:00 p.m. and 7:00 a.m.;
(b) Use of water for wash down of outside areas such as driveways, parking lots, and sidewalks should be curtailed;
(c) Faucets should not be left running while shaving, brushing teeth, or washing dishes;
(d) The use of clothes and dishwashers should be limited where possible, and these units should be operated with full loads;
(e) Washing cars and other vehicles should be curtailed to Saturday and Sundays, and hoses should not be left running while washing;
(f) The use of flow restriction and other water saving devices is encouraged;
(g) Showers should be used for bathing, and showers should be limited to four minutes or less; and
(h) Filling of pools should be deferred or limited to hours between 7:00 p.m. and 7:00 a.m.
(2) Level II (Mandatory). During a declared Level II water emergency, the following mandatory water use restrictions shall be in effect for consumers of water from the city water system:
(a) The watering of lawns, ornamental plants, and gardens shall be limited to the hours between 7:00 p.m. and 7:00 a.m.;
(b) The watering of lawns, ornamental plants, and gardens shall not be done except by handheld containers (buckets, jugs, etc.), and no applications for irrigation meters will be accepted or approved;
(c) With the exception of situations where a wash down of outside areas is necessary due to public health and safety concerns, the residential use of water for wash down of outside areas is prohibited. Commercial pressure washers shall be permitted to continue normal operations. However, the commercial pressure washer owners and/or operators shall ensure that water wastage does not occur;
(d) Residential washing of cars and other vehicles is prohibited. Automobile retail establishments and commercial automobile washing facilities including those providing hand held washing nozzles shall be permitted to continue normal operations. However, the facility owner/operator shall ensure that water wastage does not occur;
(e) Restaurants and other food serving establishments shall serve water to patrons only at the request of the patron(s);
(f) Commercial, industrial and construction operations shall eliminate all possible waste of water. Large scale commercial and industrial operations and construction activities that utilize 20,000 cubic feet or more of water per month shall submit a water reduction compliance plan to achieve 25%, 50%, or 75% water reduction as specified under the Level II water emergency declaration within 14 days of the effective date of the regulations and restrictions specified in the Level II water emergency declaration; and
(g) Above-ground pools, Jacuzzis, and hot tubs having a capacity of 500 gallons or more and all newly constructed or drained in-ground pools shall be filled by permit only. The Water Resources Director or his or her designee shall review applications for such fill permits. The issuance of such a permit may be denied on the basis of the assessment by the Water Resources Director of the severity of the situation.
(3) Level III (Mandatory). During a declared Level III water emergency, the following mandatory use restrictions shall be in effect for consumers of water from the city water system:
(a) Any form of watering or irrigating lawns, gardens, and/or other plants is prohibited;
(b) With the exception of situations where the wash down of certain outside areas is necessary due to public health and safety concerns, the use of water for wash down of outside areas is prohibited;
(c) With the exception of situations where the washing of certain items is necessary due to public health and safety concerns, the washing of cars, vehicles, and/or other equipment is prohibited;
(d) Restaurants and other food serving establishments shall utilize single serving utensils and plates in addition to serving water to patrons only at the request of the patron(s);
(e) Recreational use of potable water, including filling of pools, is prohibited;
(f) Large scale commercial and industrial water customers and construction activities utilizing 20,000 cubic feet or more of water per month shall achieve mandatory reductions in daily water usage of 25%, 50%, or 75% through whatever means are available. The target reduction percentage shall be determined by the severity of the water emergency and shall be publicly announced as part of the emergency declaration. The Water Resources Director shall determine compliance with the daily usage reduction targets. Variances to this restriction may be granted by the Water Resources Director to public health facilities including, but not limited to, hospitals and nursing homes;
(g) Drinking water taps or hydrant permits shall be issued or revoked at the discretion of the Water Resources Director; and
(h) Unless a bulk water sale is made pursuant to an existing contract, bulk water sales shall be prohibited.
(4) Level IV (Mandatory). During a declared Level IV water emergency, the following mandatory water use restrictions shall be in effect for consumers of water from the city water system:
(a) All use of water for purposes other than the maintenance of public health and safety is prohibited;
(b) Unless a bulk water sale is made pursuant to an existing contract, bulk water sales shall be prohibited;
(c) Where the city water system is functional, monthly residential water use shall not exceed 1,200 cubic feet of water at each metered location;
(d) Where the city water system is not functional, National Guard and emergency services vehicles shall be utilized to distribute water for household use at prearranged locations within the effected area. Usage by individuals shall be limited to those amounts necessary to sustain life through drinking, food preparation, and personal hygiene; and
(e) The compliance plan for industries during Level IV remains the same as Level III or as directed by the State Public Health Officials.
(E) In the event of the declaration of a "water emergency" by the City Manager or his or her designee in accordance with the provisions of this section, it shall be unlawful for any person to use or permit the use of water from the water system of the city in violation of any of the provisions set forth in this section until such time as the City Manager or his or her designee has declared the restrictive provision(s) in question to be no longer in effect.
(F) Once a "water emergency" has been declared and the appropriate staged restrictions imposed, the Water Resources Director or his or her designee shall review the operational status of the city's water system and the supply of water available to the city's water system at least once per calendar day. On a daily basis, the Water Resources Director shall notify the City Manager or his or her designee of the operational status of the city's water system and the available water supply. On the basis of the information gathered in order to provide this notification, the Water Resources Director or his or her designee shall recommend to the City Manager or his or her designee during the course of this daily notification procedure whether a different stage of restriction should be implemented. The City Manager or his or her designee shall make the final determination as to whether any change in the stage of restriction is warranted. If such a change in the stage of restriction is warranted, the notification procedures prescribed by division (B) above shall be followed in the same manner as for the initial declaration of a "water emergency".
(G) Compliance with the provisions of this section shall be enforced by personnel of the Water Resources Division, the Police Department, and any other personnel designated by the City Manager. Failure to comply with any of the regulations or restrictions of this section shall be unlawful and a violation of this section. All remedies authorized by law for noncompliance with this section, including the issuance of a civil penalty citation or an action for injunctive relief, may be exercised to enforce the provisions of this section. It shall be unlawful to fail to act in accordance with the provisions of this section or to use water in any manner that constitutes an attempted and /or actual evasion or avoidance of the water restrictions prescribed by this section.
(H) (1) Any consumer of water from the city water system who violates any provision of this section shall be subject to civil penalties as follows:
(a) During a declared Level II water emergency, residential users who violate any of the mandatory restrictions of this section shall be subject to a written warning for the first offense; a civil penalty in the amount of $100 for the second offense; and a civil penalty in the amount of $200 for the third and successive offenses. During a declared Level III or Level IV water emergency, there shall be no warnings issued, and residential users who violate any of the mandatory restrictions of this section shall be subject to a civil penalty in the amount of $100 for the first offense and a civil penalty in the amount of $200 for the second and successive offenses.
(b) During any declared water emergency, any non-residential user who violates any of the mandatory restrictions of this section shall be subject to a written warning for the first offense; a civil penalty of $200 for the second offense; a civil penalty of $500 for the third offense; and a civil penalty of $1,000 for the fourth and successive offenses.
(2) Violations shall be accumulated by all consumers of water from the city water system so long as a declared "water emergency", in any stage, is continuously in effect and until no stage of this section has been in effect for one calendar year. Violations of any of the mandatory restrictions of any stage of a declared "water emergency" under the provisions of this section shall accumulate with violations of the mandatory restrictions of any of the other stages under this section. If a customer of the water system moves or ceases service and subsequently renews service during any of the stages of a declared "water emergency" under this section, the customer's violations shall continue to accumulate as if such move or cessation had not occurred.
(I) Any citation that is issued by authorized personnel under this section and that is enforceable by civil penalties shall be subject to administrative review by the Zoning Administrator or his or her designee. This administrative review shall occur only when the alleged violator has made a written request for such a review within 15 calendar days of the issuance of the citation at issue. This written request for administrative review must be hand delivered or sent by certified mail to the Zoning Administrator at his office in City Hall. If a request for administrative review is not received in person by the Zoning Administrator or his or her designee or postmarked within 15 calendar days of the date of issuance of a citation, administrative review of the matter shall be deemed to have been waived.
(J) When an alleged violator of the provisions of this section has filed in a timely manner a written request for administrative review that conforms to the provisions of division (I) above, the Zoning Administrator or his or her designee shall hold a hearing within 30 calendar days of the date of receipt of the written request for such a hearing. At this hearing, the Zoning Administrator or his or her designee shall review the violation alleged in the citation and shall provide the alleged violator an opportunity to be heard in response to the allegations alleged in the citation under review. Within five calendar days of the date on which the administrative hearing is held, the Zoning Administrator or his or her designee shall render a written decision whereby liability or no liability on the part of the alleged violator is found to exist. Such a decision shall be delivered to the person or entity that filed the request for administrative review by means of hand delivery or certified mail, return receipt requested. Upon receipt of notification of any decision finding liability, the violator shall make payment of any civil penalty incurred within 15 calendar days. If payment of any civil penalty due is not received within 15 calendar days following receipt of notice of liability after administrative review, the violator shall be liable for an additional civil penalty of $100.
(K) A water customer that fails to pay a civil penalty assessed against the customer after the later of either 30 calendar days from the date of receipt of a citation or the date of receipt of notice finding liability following administrative review shall have his or her water disconnected and shall be assessed a disconnect fee of $30. In order to have his or her water service restored, the customer will have to pay the past due civil penalty and any other outstanding fees or charges in accordance with § 50.007(D).
(L) Upon a fourth violation of this section, a violator shall be guilty of a Class 3 misdemeanor and shall be fined not more than $500 as provided by G.S. §14-4, and, in addition thereto, such violation may be enjoined and restrained as provided in G.S. §160A-175. The issuing of a criminal warrant shall not prohibit the imposition of further civil penalties.
(M) The Water Resources Director or his or her designee shall have the authority to discontinue or restrict water service to any person, entity, or structure in the event of any violation of the mandatory restrictions imposed pursuant to this section. With the exception of the imposition of a discontinuance of service pursuant to division (C) above, the Water Resources Director shall provide by the most expeditious means reasonably available a minimum of two working days written notice of his or her intent to discontinue or restrict water service to a particular person, entity, or structure before such discontinuance or restriction of service is implemented. During the period of the two day notice, any person or entity claiming the status of an aggrieved party may make a request of the City Manager or his or her designee to be heard as to why such discontinuance or restriction of water service should not be enforced. If such a request is received by the City Manager or his or her designee in a timely manner, the requesting party shall be heard by the City Manager or his or her designee on the said matter as soon as is practicable. Once a matter is scheduled by the City Manager for hearing, the decision of the Water Resources Director shall be stayed until the City Manager or his or her designee renders a decision as to the aggrieved party's request. The decision rendered by the City Manager or his or her designee in such a matter shall be final. When water service has been discontinued or restricted pursuant to and in accordance with this division, it shall be unlawful to reactivate such service without the permission of the Water Resources Director.
(N) Each day's continuing violation of this section shall be a separate and distinct criminal and civil offense. Each violation of this section shall be a separate offense even if occurring on the same day.
(O) (1) Termination of any stage of a declared "water emergency" shall be determined and ordered by the City Manager or his or her designee when he or she, in direct consultation with the Water Resources Director or his or her designee, determines that the water supply available for use by the city water system is no longer so low as to constitute a "water emergency" under the terms of this section. Upon termination of any "water emergency" and any stage thereof, all fines or penalties incurred by any consumer of water from the city's water system shall remain in effect until paid. Upon such termination, discontinued users may have their service restored upon payment of the regular fees charged to customers who have had their water service disconnected.
(2) However, no such fees shall be charged to consumers who had their water service discontinued pursuant to division (C).
(P) The provisions of this section shall apply to all such persons or entities using public water both in and outside the city, regardless of whether any such person or entity using water shall have a contract for water service with the city.
(Q) If any division, clause, or provision of this section shall be judged invalid, such adjudication shall apply only to such division, clause, or provision so adjudged, and the remainder of this section shall be declared valid and effective.
(R) All ordinances and clauses of ordinances in conflict herewith are stayed while any provision of this section is in effect during a declared "water emergency". Such conflicting ordinances and clauses shall become effective upon termination of the "water emergency".
(Ord. 26-02, passed 8-8-02; Am. Ord. 57 ORD 11-07, passed 11-8-07; Am. Ord. 63 ORD 12-07, passed 12-6-07; Am. Ord. 42 ORD 9-09, passed 9-10-09)