A. Definitions:
ADMINISTRATIVE CITATION: The code enforcement officer shall be responsible for preparing the form of the citation.
EATING ESTABLISHMENTS: A facility that serves meals to customers, including those facilities located in schools, drive-ins, and excluding health and frail elderly care facilities.
FUGITIVE WATER: Water that has escaped from one property onto adjacent property or onto the public right of way. (This does not include stormwater runoff or flow resulting from municipal emergencies.)
HAND WATERING: The use of a handheld watering device such as a bucket or a hose with an attached positive shutoff nozzle.
HOSPITALITY BUSINESSES: Licensed eating or lodging establishments.
LODGING ESTABLISHMENT: A licensed motel, hotel or bed and breakfast establishment, that provides private rooms for overnight stay and provides towels, sheets and/or other linens for its guests to use during their stay.
NONBENEFICIAL USES OF WATER: A. Landscape water applied in such a manner, rate or quantity that it overflows the area being watered and runs onto adjacent property or public right of way;
B. Landscape water that leaves a sprinkler or other application device in such a manner as to spray onto adjacent property or public right of way;
C. Water used to wash down vehicles, or hard surfaces such as parking lots, aprons, pads, driveways or other surfaced areas so as to flow from that surface onto adjacent property or the public right of way;
D. Other uses as may be determined by the governing body by resolution.
RESPONSIBLE PARTY: The person who is personally liable for the water charges to a property served by the municipal water system.
WATER WASTE: The nonbeneficial use of water.
B. Emergency Control: The mayor or authorized representative is hereby authorized to control, limit or cut off the constant flow of water supplying an area or areas of the village as may be warranted and reasonably calculated to maintain adequate water pressure in distribution pipelines to fight, control or prevent the spread of fire or to control any emergency inimical to the public welfare, health and safety.
C. Declaration Of Water Emergencies: Whenever an emergency exists by reason of a shortage of water, due to inadequate supply or failure of equipment or materials, such that the village water system is unable or will within the near future become unable to supply the full commercial and domestic needs of the users thereof, including adequate fire protection as determined by the fire chief, the governing body is authorized to restrict or prohibit, by emergency proclamation, the use of water from the village water system as set forth herein designating the level of emergency. Said proclamation shall be posted in three (3) prominent places within the village and shall take effect immediately.
D. Restrictions: When the governing body has declared a level one water emergency, the following restrictions apply to all properties served by the village of Cloudcroft water system, including those properties outside the village limits. Additional restrictions, as enumerated below, may apply when the governing body has declared a level two or level three water emergency.
1. Prohibited Acts:
a. Water Waste: No entity or operation served by the village water system shall waste, cause, or permit to be wasted or applied to nonbeneficial uses, as defined in this section, any water furnished by the village of Cloudcroft.
b. Fugitive Water Flow: No entity or operation shall cause or permit the flow of excess fugitive water onto adjacent property or public right of way.
2. Exceptions:
a. Flow resulting from firefighting and training, or routine inspections of fire hydrants, or from other necessary municipal uses.
b. Water applied to prevent or abate health, safety and accident hazards; and in construction work.
c. Water that flows onto adjacent property or public rights of way as the result of an act of nature.
3. Outdoor Watering Restrictions:
a. Spray irrigation is allowed from six o'clock (6:00) P.M. to ten o'clock (10:00) A.M.
b. If level two restrictions are in effect, said watering shall be additionally restricted to even calendar days for property with even addresses, and to odd calendar days for property with odd addresses. When a property has more than one address, the address of the water meter shall determine the address for watering. No watering shall be allowed on the thirty first day of any month.
c. If level three restrictions are in effect, the only watering permitted will be by hand watering or automatic controlled irrigation for no more than fifteen (15) minutes per zone program on the hours and days specified for levels one and two, except under conditions outlined in special written permits approved by the governing body.
d. Personal vehicles may be washed only during the watering hours allowed above, and only with a bucket or with a handheld hose with an attached positive shutoff nozzle. If level two restrictions are in effect, personal vehicles may be washed only during the assigned watering days. Personal vehicles shall not be washed when level three restrictions are in effect.
e. The above restrictions do not apply if a permit has been granted by the village clerk so that the applicant may repair or maintain an irrigation system or apply chemicals to a landscape.
f. Collected rain water and gray water may be used without restriction except that gray water shall be used only in accordance with regulations set by the state of New Mexico.
g. When level three restrictions are in effect there shall be no operation of outdoor fountains and/or waterfalls, nor draining and refilling of ornamental ponds, swimming pools and hot tubs.
4. Indoor Water Conservation: Private line leaks shall be repaired by the owner and proof of repair shall be submitted to the village within fifteen (15) days of notification by the village. Anyone wanting to detect possible leaks by checking a water meter may ask the village for a courtesy check; the village shall make every attempt to comply with this request no later than the next working day.
5. Hospitality Businesses: In declared level two and three water emergencies, all lodging establishments shall encourage their customers to agree not to have their sheets and towels changed during a stay of three (3) days or less. Such establishments shall post in every guest room signs informing customers of the water shortage, and instructing them on how to decline replacement linen service.
E. Enforcement And Fees:
1. Authority: Members of the village police department shall have the authority to issue an administrative citation to the responsible party violating the provisions of this section and any emergency proclamation issued hereunder.
2. Enforcement: Any person who causes, permits, facilitates, violation of the provisions of this section shall be subject to enforcement as stated herein.
3. Schedule Of Surcharge Fees:
a. First violation: Warning notice issued to responsible party;
b. Second violation for the same offense: Fifty dollar ($50.00) penalty fee assessed to the property served which shall be the personal liability of the person responsible for the payment of water charges to the property served by the municipal water system;
c. Third violation for the same offense: One hundred dollar ($100.00) penalty fee assessed to the property served which shall be the personal liability of the person responsible for the payment of water charges to the property served by the municipal water system;
d. Subsequent violations for the same offense: Five hundred dollar ($500.00) penalty fee assessed to the property served which shall be the personal liability of the person responsible for the payment of water charges to the property served by the municipal water system.
The responsible party shall have twenty four (24) hours after receipt of a warning notice to cure the violation. Subsequent citations for the same offense may be issued twenty four (24) hours after the previous citation and each twenty four (24) hour period thereafter of a continuous violation. Egregious violations, as determined by majority vote of the governing body, after notice and opportunity to be heard, may result in cut off of water at the meters serving the premises on which the violations occur. (For the purpose of assessing fees, previous violations shall not be considered if a period of 1 year has elapsed since the last violation, or if a new owner, not related to the previous owner, has taken possession of the property.)
4. Fee Assessment: Fees shall be assessed on the village water and sewer bills for the responsible party's account. Responsible parties shall be notified of the fee by certified mail, return receipt requested, within fifteen (15) days of being cited during which time the responsible party may request a hearing before the code enforcement officer. Once final, fees shall be listed as a separate line item on the bill, must be paid within the normal payment period allowed by the village, and are subject to the same collection fees and protocols as other fees on the water and sewer bills.
5. Collection: All fees collected for violations of this section shall be deposited to the village water and sewer operating fund.
F. Variances: In cases of practical difficulties or extreme hardship, the mayor or his designee may grant variances from the provisions of this section for a period not to exceed fifteen (15) days. Such variances shall stipulate corrective measures to be taken. In the event more time is needed, the responsible party shall apply for a special permit from the governing body.
G. Appeals: Enforcement actions on administrative citations shall be heard by the code enforcement officer and his decision may be appealed de novo within thirty (30) days to the governing body and thereafter to the district court pursuant to the rules of civil procedure.
H. Additional Restrictions: The governing body may, by majority vote, impose additional restrictions during water emergencies by resolution. (Ord. 314, 4-8-2003)