12.4.1310: DURATION OF WATER USE RESTRICTIONS:

Utilities will regularly evaluate the estimated supplies of water available to the water system to determine whether it is necessary to continue the water use restrictions of a declared stage or level. Stages and levels may be declared in accord with sections 12.4.1305 , 12.4.1306 , 12.4.1307 , 12.4.1308 and 12.4.1309 of this part and, if water supply conditions warrant, the Chief Executive Officer may either downgrade or withdraw a declaration of a Stage I, Stage II, Stage III or Stage IV shortage, subject to City Council approval by resolution at the next regular City Council meeting occurring at least twenty (20) days after the date of the Chief Executive Officer’s downgrade or withdrawal. If a declared shortage has not previously been withdrawn by the Chief Executive Officer or City Council, it shall automatically be withdrawn on December 31 of the year in which it was declared. (Ord. 02-59; Ord. 03-41; Ord. 13-10; Ord. 14-23; Ord. 19-99)

12.4.1311 : EXCEPTIONS:

   A.   Water customers may use water essential to protect the general public health, safety or welfare.

   B.   Water Allocation Plans:

      1.   Utilities may work with residential and commercial water customers who request relief from the applicable provisions of sections 12.4.1304 , 12.4.1306 and 12.4.1307 by approving a water allocation plan. A water allocation plan will define site-specific volumetric limits of water to be used for irrigation not to exceed the declared stage or outdoor landscape watering limit. A water allocation plan shall achieve water savings goals while giving customers the flexibility they need in how and when they water. Utilities may conduct or require periodic reporting to demonstrate adherence to the approved plan. Water allocation plans for irrigation shall not be allowed during a Stage III or Stage IV shortage, except as permitted by section 12.4.1308 B.

      2.   No water allocation plan shall be approved unless the water customer works with Utilities to affirm that: 1) proposed water use meets Utilities' irrigation allocation criteria; or 2) the water customer has a critical need. Any water customer with an approved water allocation plan shall post a notice of the existence of the plan on the premises so as to be visible from a public street at all times during the term of the plan. A copy of the posted notice will be provided by Utilities. Utilities may withdraw or amend approved water allocation plans upon the movement to a different declared stage or outdoor landscape watering level.

      3.   In the event a water customer violates any condition of a water allocation plan approved under this section, the approval granted under this section may be withdrawn, and Utilities shall add a charge to the water customer's bill equal to one hundred dollars ($100.00) for a residential user and five hundred dollars ($500.00) for a commercial user.

   C.   Best Water Management Practices Plans:

      1.   Utilities shall work with commercial golf course, car wash, and water park customers who request relief from applicable provisions in sections 12.4.1307 , 12.4.1308 and 12.4.1309 by determining a best water management practices plan. This plan will define industry-specific best water management practices. Utilities may conduct or require periodic reporting to demonstrate adherence to the approved plan. Utilities may withdraw or amend approved Plans upon the movement to a different declared stage.

      2.   No best water management practices plan shall be approved unless the water customer works with Utilities to affirm that the proposed water use practices achieve industry best practice standards. Any water customer with an approved best water management practices plan shall post a notice of the existence of the plan on the premises so as to be visible from a public street at all times during the term of the plan. A copy of the posted notice will be provided by Utilities.

      3.   In the event a water customer violates any condition of a best water management practices plan approved under this section, the approval granted under this section may be withdrawn, and Utilities shall add a charge to the water customer's bill equal to five hundred dollars ($500.00).

   D.   A water customer installing landscape material may obtain an establishment permit for the purpose of irrigating the installed landscape material at times other than as set forth in section 12.4.1304 of this part. Applications for establishment permits shall be submitted to Utilities on a form supplied by Utilities, and shall meet all permit requirements. Applications may be accompanied by a permit fee of up to fifty dollars ($50.00). The applicant shall comply with the conditions of the establishment permit. The establishment permit shall be displayed on the premises so as to be visible from a public street at all times during the term of the establishment permit. In the event a water customer violates any of the requirements set forth in this section the establishment permit will be revoked. Establishment permits shall not be allowed during a Stage III or Stage IV shortage.

   E.   Irrigation systems may be operated at any time for cleaning and maintenance purposes, but this limited operation shall not exceed ten (10) minutes per zone per week. On a residential user's premises, an attendant must be on site and visible throughout the entire maintenance operation. On a commercial user's premises, an attendant must be on site and a sign indicating maintenance is being performed must be posted and visible from a public street throughout the entire maintenance operation. (Ord. 02-59; Ord. 03-41; Ord. 03-85; Ord. 13-10; Ord. 19-99)

12.4.1312: SPECIAL CONTRACT SERVICE:

All contracts for water service entered into pursuant to section 12.4.304 of this article shall expressly provide that any use of water provided from Utilities' water supplies pursuant to such a contract is subject to the restrictions set forth in this part. (Ord. 13-10; Ord. 14-23; Ord. 19-99)

12.4.1313: ACCESS TO PREMISES:

Whenever necessary for the purposes of investigating any alleged violation of this part, Utilities shall have the power, upon the presentation of proper credentials, to enter and inspect at any reasonable time and in any reasonable manner the exterior of a water customer's premises.

If entry to or inspection of the premises is denied or not promptly permitted, Utilities is authorized to make application to any Judge of the Municipal Court of the City for the issuance of an inspection warrant. The application shall identify the premises upon which entry is sought and the purpose for which entry is desired, shall state the facts giving rise to the belief that a condition which is dangerous to the public health, safety or welfare exists at the premises and shall otherwise conform to the requirements of CMCR 241 and chapter 11 of this Code. Any warrant issued pursuant to the application shall command the owner or occupant to permit entry by Utilities for the purpose stated. (Ord. 02-59; Ord. 03-41; Ord. 04-178; Ord. 13-10; Ord. 19-99)

12.4.1314: LIABILITY:

Each water customer shall be responsible for compliance with this part with respect to the water customer's premises, and shall be responsible for applicable charges for noncompliance with this part. In the event of an alleged violation of this part, proof of the existence of a declared water shortage and proof of any violation of any restriction set forth in this part, together with proof that the violation originated at any water customer's premises, shall constitute a rebuttable presumption that the water customer is responsible for the violation. (Ord. 02-59; Ord. 03-41; Ord. 13-10; Ord. 19-99)

1 2.4.1315: VIOLATIONS AND CHARGES:

   A.   Utilities is authorized to enforce this part utilizing a variety of methods, including, but not limited to, conducting customer education, issuing warnings and the addition of charges to water bills.

   B.   In the event Utilities determines that an observed violation of this part has occurred on a water customer's premises, the water customer shall be subject to imposition of the following:

      1.   For a first observed violation of a waste of water prohibition or a State I, Stage II, Stage III, or Stage IV restriction as set forth in sections 12.4.1304 , 12.4.1306 , 12.4.1307 , 12.4.1308 , 12.4.1309 or subsection 12.4.1311 E of this part within a calendar year, Utilities shall notify the water customer in writing of the violation and issue a written warning to the water customer.

      2.   For a second and any subsequent observed violation of a waste of water prohibition or a Stage I or Stage II restriction as set forth in sections 12.4.1304 , 12.4.1306 , 12.4.1307 or subsection 12.4.1311 E of this part within a calendar year, Utilities shall notify the water customer in writing of the violation and shall add a charge to the water bill for the premises equal to: a) one hundred dollars ($100.00) for a violation of section 12.4.1304 ; b) three hundred dollars ($300.00) for a violation of section 12.4.1306 , a 12.4.1307 Level A restriction or subsection 12.4.1311 E; and c) five hundred dollars ($500.00) for a violation of a section 12.4.1307 Level B restriction.

      3.   For a second and any subsequent observed violation of a Stage III restriction as set forth in section 12.4.1308 of this part within a calendar year, Utilities shall notify the water customer in writing of the violation and shall add a charge to the water bill for the premises equal to one thousand dollars ($1,000.00).

      4.   For a second and any subsequent observed violation of a Stage IV restriction as set forth in section 12.4.1309 of this part within a calendar year, Utilities shall notify the water customer in writing of the violation and shall add a charge to the water bill for the premises equal to one thousand dollars ($1,000.00).

   C.   For repeated observed violations of this part occurring during any Stage I, Stage II, Stage III, or Stage IV shortage, Utilities may, in its discretion: 1) disconnect water service to the premises on which the violations occurred in accord with the tariffs of the Utilities; or 2) restrict water flow to the water customer at the premises at which the violations occurred. Any flow restriction shall remain in place for a period determined by Utilities, based upon the severity of the violation as well as the applicable declared stage.

   D.   Whenever a water customer is found by Utilities to be in violation of this part, a notice of violation must be issued. The notice of violation must be on a form prescribed by Utilities.

   E.   The notice of violation must be served upon the water customer by fixing the notice to the premises of the water customer in a conspicuous place, by personal delivery, or by sending the notice electronically or by U.S. mail. If sent electronically or by mail, service shall be deemed complete upon sending or mailing. Service of the notice of violation by affixation has the same force and effect and is subject to the same penalties for disregarding a notice, as if the notice of violation were personally served on the water customer. For purposes of this part, a person who is of full legal age and who resides at the premises is deemed to be the agent of the water customer to receive a notice of violation.

   F.   Any charge assessed pursuant to this part shall be collectible in the same manner as a water charge under the tariffs of Utilities and if unpaid, water service for the premises may be discontinued in accord with the tariffs of Utilities.

   G.   Whenever a water customer fails to correct a violation within the correction period set forth on a notice of violation, this failure to correct shall constitute an additional violation.

   H.   Except for any charge assessed pursuant to section 12.4.1311 B of this part, any charge assessed a commercial user pursuant to this part shall be equal to two (2) times the applicable charge. (Ord. 02-59; Ord. 03-41; Ord. 13-10; Ord. 19-99)

12.4.1316 : DISPUTE RESOLUTION:

Any water customer's dispute with Utilities concerning this part shall first be addressed through review by Utilities' management. If the review by Utilities' management does not resolve the dispute, the dispute shall be resolved in accord with the dispute resolution process set forth in the tariffs of Utilities. Requests for dispute resolution must be received by Utilities from the water customer within sixty (60) days from the date of the notice of violation or addition of a charge to a water bill, whichever comes last. (Ord. 02-59; Ord. 03-41; Ord. 13-10; Ord. 19-99)