(A) Findings and declaration of a water emergency.
(1) The City Manager has the authority to declare a water emergency in accordance with the Water Curtailment Plan adopted by resolution of the City Council and amended from time to time , provided that the City Manger makes the necessary findings and sets out the facts giving rise to the water emergency. Upon a finding that the municipal water supply system is incapable of providing an adequate water supply for normal usage due to a prolonged drought, system failure, or any other event, the City Manager may declare a water emergency and that water usage must be curtailed in accordance with the City of Banks Water Curtailment Plan.
(2) The water curtailment declaration shall include the effective date, the reason for the declaration, and the level of prohibition declared based on the Water Curtailment Plan. After the declaration has been implemented, the City Manager shall examine the declaration and any curtailment actions that have been undertaken to determine their effectiveness. The City Manager may thereafter take whatever additional steps the Manager deems necessary to address the water emergency, including continuing the restrictions and limitations, modifying them, or eliminating them if the City Manager finds that the emergency has been abated or eliminated. The City Manager’s declaration may include an estimated time for review or revocation of the declaration.
(B) Levels of curtailment. If a water emergency is declared, the city shall allocate the limited water supplies so that public health and safety are protected during the declared water emergency. Usage of the limited water supplies will be prioritized based on the triggering mechanisms in accordance with the Water Curtailment Plan to ensure the best use of the limited water supply.
(C) Enforcement. During the time that a water emergency has been declared, the following enforcement procedure shall be in effect.
(1) Warning. Each violation shall receive a warning. The letter of warning shall be in writing, shall specify the violation, may require compliance measures, and shall be served upon the resident or the owner of the property, according to the city’s water customer records or the property tax records of Washington County. Service of the warning letter shall be deemed sufficient by either by personal delivery to an adult at the water service address by certified or registered mail, return receipt requested to the service address or property owner’s address, or by posting the warning letter on the front door of the service address for a 24-hour period.
(2) Citation. After the resident has received a warning letter, any subsequent violation shall be treated as a violation and subject to the civil enforcement provisions of this code.
(D) Amendments; special rules; contracts. Pursuant to a declaration of a water emergency, the City Manager or the City Council may amend, change, or modify any rule, rate, or charge, and to make special rules and contracts to implement or otherwise fulfill a water curtailment declaration, and all water service connections shall be subject to such authority.
(E) Adoption and review of Curtailment Plan. The Water Curtailment Plan must be reviewed by the City Council not less than once every 5 years from the date of the adoption of the Curtailment Plan or date of its amendment or revision. The Curtailment Plan shall be approved by resolution of the City Council in accordance with Chapter IV - Legislative Authority, of the City of Banks Charter, and may be amended from time to time in the same manner.
(Ord. 080800, passed 9-12-2000; Am. Ord. 2008-08-01, passed 8-12-2008; Am. Ord. 2016-01-01, passed 2-9-2016)