Sections
13.26.010 Findings and intent.
13.26.020 Purpose and scope.
13.26.030 Definitions.
13.26.040 Water conservation and unreasonable uses of water.
13.26.050 Water Conservation Stage 1. - Normal water supply.
13.26.060 Water Conservation Stage 2. - Minimum water shortage.
13.26.070 Water Conservation Stage 3. - Moderate water shortage.
13.26.080 Water Conservation Stage 4. - Severe water shortage.
13.26.090 Water Conservation Stage 5. - Critical water shortage.
13.26.100 Mandatory conservation phase implementation.
13.26.110 Violations and remedies.
13.26.120 Notices and additional enforcement measures.
13.26.130 Civil actions.
13.26.140 Recovery of costs.
13.26.150 Relief from compliance.
13.26.160 Water conservation programs.
13.26.170 Conflicting provisions.
13.26.180 Severability.
(A) The City Council finds and determines that because of the prevailing conditions in the State, and the declared policy of the state, it is necessary and appropriate for the city to adopt, implement, and enforce a water conservation program to reduce the quantity of water used by persons within the city to ensure that there is sufficient water for human consumption, sanitation, and fire protection. The City Council further finds and determines that during periods of drought, water shortages, and water shortage emergencies the general welfare requires that the city maximize the beneficial use of its available water resources to the extent that it is capable, and that the waste or unreasonable use, or unreasonable method of use of water shall be prevented and the conservation of water is to be extended with the view to the reasonable and beneficial use thereof in the interests of the people of the city and for the public health, safety, and welfare.
(B) This chapter establishes water conservation and drought response measures and regulations to be implemented during declared water conservation stages.
(C) This chapter establishes five stages of water conservation and drought response measures to be implemented by the city, with increasing restrictions on water use in response to decreasing water supplies and worsening drought conditions.
(Ord. 2962 § 2 (part), 2009.)
(A) The purposes of the water conservation provisions of this Chapter 13.26 are to:
(1) Protect the health, safety, and welfare of the citizens and property owners of the city;
(2) Assure the maximum beneficial use of city water supplies; and
(3) Attempt to provide sufficient water supplies to meet the basic needs of human consumption, sanitation, and fire protection.
(B) This Chapter 13.26 is not intended to repeal, abrogate, annul, impair or in any way interfere with the free use of property by covenant, deed, or other private agreement or with restrictive covenants running with the land to which the city provides water services.
(C) The provisions of this Chapter 13.26 shall apply to all persons within the city and all property served by the city wherever situated.
(D) Nothing in this Chapter 13.26 is intended to affect or limit the ability of the city to respond to an emergency, including an emergency that affects the ability of the city to supply water.
(Ord. 2962 § 2 (part), 2009.)
For the purposes of this Chapter 13.26, the following words, terms, and phrases shall have the following meanings:
(A) "Appellant” means the person appealing a decision of the approving authority, General Manager, or other designated city official for relief from the requirements of this Chapter 13.26.
(B) “Approving authority” means the General Manager or his or her designee, charged with approving or denying written applications for relief.
(C) “Base year consumption amount” means the total amount of water delivered to the property of each customer in the prior fiscal year, as determined by the city.
(D) “Conservation offset” means the implementation of proven conservation techniques which, when installed, will result in a reduction equal to demand of the proposed use.
(E) “Enforcement officer” means any individual employed or otherwise charged by the city to inspect or enforce codes, ordinances, mandates, regulations, resolutions, rules or other laws adopted by the City Council or other regulatory bodies.
(F) “General Manager” means the General Manager of the Department of Water and Power or his or her authorized designee.
(G) “Person” means any natural person, firm, joint venture, joint stock company, partnership, public or private association, club, company, corporation, business trust, organization, public or private agency, government agency or institution, school district, college, university, any other user of water provided by the city, or the manager, lessee, agent, servant, officer or employee of any of them or any other entity which is recognized by law as the subject of rights or duties.
(H) “Potable water” means water which conforms to federal, state, and local standards for human consumption.
(I) “Property owner” or “owner” means the record owner of real property as shown on the most recently issued equalized assessment roll.
(J) “Reclaimed water” means water which, as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefore considered a valuable resource.
(K) “Reclaimed water distribution system” means a piping system intended for the delivery of reclaimed water exclusively and which is separate from any potable water distribution system.
(L) “Relief' means excuse from compliance with the regulations and restrictions on water use contained in this Chapter 13.26.
(M) “Responsible person” shall mean a natural person or legal entity who causes, maintains or allows a violation(s) of the city code to occur or continue by action or failure to act. A responsible person includes, but is not limited to, the owner, tenant, co-tenant, lessee, sub-lessee or other person with any right to possession of the property where a city code violation that is related to the use or condition of property occurs, the on-site manager who normally works daily at the site when the business is open and is responsible for the activities at such premises, and the owner, majority stockholders, corporate officers, trustees and general partners of a legal entity. There may be more than one responsible person for a violation.
(N) “State” means the State of California.
(O) “Water customer” or “customer” means a person who, according to the city's records, receives water service to a parcel of property.
(P) “Water shortage emergency” means a condition existing within the city in which the ordinary water demands and requirements of persons within the city cannot be satisfied without depleting the water supply of the city to the extent that there would be insufficient water for human consumption, sanitation, and fire protection. A water shortage emergency includes both an immediate emergency, in which the city is unable to meet current water needs of persons within the city, as well as a threatened water shortage, in which the city determines that its supply cannot meet an increased future demand.
(Q) “Watering Window” means a period of time established by the city within a particular water conservation stage regarding allowed water usage for outdoor irrigation.
(Ord. 3199 § 2, 2015; Ord. 2962 § 2 (part), 2009.)
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