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Yard fountains, when the service is not metered, shall not be used longer than three (3) hours per day during the summer season, unless especially permitted and on additional payment. The right is reserved to suspend their use whenever the public exigency may require it.
No person, agent, firm or corporation shall sell by deed, land contract or otherwise any interest in any premises within the metropolitan area as defined in Section 535.01 (a) which is supplied with City water without furnishing the buyer prior to such sale, a statement from the Division of Water setting forth the current status of the water account of the premises, and when an escrow has been established, depositing in escrow prior to delivery of possession or transfer of title a statement from the buyer acknowledging the receipt of this document and accepting responsibility for all future water bills in accordance with these Codified Ordinances.
(Ord. No. 963-72. Passed 9-18-72, eff. 9-20-72)
No person, firm or corporation acting in the capacity of an escrow agent in any real estate transaction involving the sale of any premises situated in the metropolitan area as defined in Section 535.01 (a) which is supplied with City water shall disburse any funds unless the provisions of Section 535.41 have been met.
(Ord. No. 963-72. Passed 9-18-72, eff. 9-20-72)
Conviction under this section shall not be a bar to the rights of a buyer to recover by civil suit from either the previous owner (seller), real estate agent or escrow agent the amounts for water supplied to the previous owner and paid by the buyer under the provisions of Section 535.44.
(Ord. No. 963-72. Passed 9-18-72, eff. 9-20-72)
When the Director of Public Utilities determines that a shortage of water supply exists which threatens the public health and safety and that the shortage makes it necessary to curtail water use within all or any part of the City the Director shall proclaim a water use emergency throughout all or any part of the City.
A water use emergency proclamation shall specify:
(a) The geographic area affected by the water use emergency;
(b) The length of time the emergency shall be in effect, which time shall not exceed seven (7) days; and
(c) The degree of water use curtailment.
During a water use emergency, the Director may order water use curtailment by prohibiting unnecessary use or consumption of water during all or specified hours of the day and/or may order that specified premises curtail necessary use or consumption of water on specified days only as the Director shall determine to be necessary.
A proclamation of a water use emergency shall become effective at the time of issuance by the Director. Notice thereof shall be given to a newspaper of general circulation in the City and shall be reported to a local radio and television station for broadcast.
As used in this section, unnecessary use or consumption means the use or consumption of water for purposes other than personal health, safety, sanitation and bodily consumption. “Unnecessary use or consumption” of water includes but is not limited to sprinkling or watering lawns, other land irrigation, the washing of automobiles, houses or other structures and the use of water for recreational purposes such as the maintenance of swimming pools. The use of water for private construction such as the mixing and curing of concrete, the puddling of backfill in excavations, the moistening of masonry walls preparatory to pointing or sealing, and other similar uses is not an unnecessary use or consumption of water. The use of water to scrub and rinse areas such as hard-surfaced drives, garage floors, patios and similar uses where necessary for the purpose of sanitation and the protection of health is not an unnecessary use or consumption of water.
No person or entity shall during a water use emergency use water in violation of the terms and conditions of the Director’s water use emergency proclamation.
Whoever violates this section is guilty of a minor misdemeanor. Whoever violates this section having been previously convicted of a violation of this section is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. No. 1760-88. Passed 6-12-89, eff. 6-19-89)
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