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(A) In addition to or in conjunction with the notice of violation provided pursuant to the provisions of Chapter 1.08, for a first violation of any provision of this chapter, within two weeks of the violation:
(1) The city may send an enforcement officer or provide written notice to the property owner, customer, occupant, or responsible person of the property where the violation occurred to advise such person of:
(a) The water conservation stage then in effect and the provisions of this chapter relating thereto;
(b) Water conservation and drought response measures that are required and may be implemented pursuant to this chapter;
(c) Possible consequences and actions which may be taken by the city for future violations of this chapter, including discontinuance of water service;
(d) Penalties that may be imposed for the specific violation and any future violations of this chapter; and
(2) If the General Manager or his or her designee deems it to be appropriate, the city may order the installation of a flow-restricting device on the service line for any person who violates any term or provision of this chapter.
(B) In addition to or in conjunction with the notice of violation provided pursuant to the provisions of Chapter 1.08, for a second or any subsequent violation of this chapter, within two weeks of the violation:
(1) The city may send an enforcement officer or provide written notice to the property where the violation occurred to notify the property owner, customer, occupant of the property, or responsible person where the violation occurred to advise such person of:
(a) The water conservation stage then in effect and the provisions of this chapter relating thereto;
(b) The water conservation and drought response measures that are required and may be implemented by such person; and
(c) Possible consequences, which may occur in the event of any future violations of this chapter;
(2) If the General Manager or his or her designee deems it to be appropriate, the city may order the installation of a flow-restricting device on the service line for any person who violates any term or provision of this chapter; and
(3) If the General Manager or his or her designee deems it to be appropriate, the city may discontinue water service at the location where the violation occurred.
(C) The city may, after one written notice of violation, order that a special meter reading or readings be made in order to ascertain whether wasteful or unreasonable use of water is occurring.
(D) All moneys collected under § 13.26.140 shall be deposited in a special account of the city and shall be made available for enforcement of this chapter.
(E) The city may, at its option, elect to petition the Superior Court to confirm any order establishing administrative penalties and enter judgment in conformity therewith in accordance with the provisions of Sections 1285 to 1287.6, inclusive, of the California Code of Civil Procedure.
(Ord. 2962 § 2 (part), 2009.)
(A) In addition to any other remedies provided in the Code, any violation of this chapter may be enforced by civil action brought by the city.
(B) In any such action, the city may seek, and the court may grant, as appropriate, any or all of the following remedies:
(1) A temporary and/or permanent injunction;
(2) Assessment of the violator for the costs of any investigation, which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this section;
(3) Any other costs incurred in enforcing the provisions of this chapter; and
(4) Any other action the city deems appropriate to protect the general welfare and the city's water supplies, and to reduce water consumption in accordance with this chapter and the declared policies and laws of the State.
(C) Assessments under this subsection shall be paid to the city to be used exclusively for costs associated with implementing or enforcing the water conservation and regulatory provisions of this chapter.
(Ord. 2962 § 2 (part), 2009.)
(A) The General Manager or his or her designee shall serve an invoice for costs upon the person or responsible person who is subject to a notice of violation, a cease and desist order, or an administrative compliance order. An invoice for costs shall be immediately due and payable to the city. If any person or responsible person fails to either pay the invoice for costs or appeal successfully the invoice for costs in accordance with this chapter, then the city may institute collection proceedings. The invoice for costs may include reasonable attorneys' fees.
(B) The city shall impose any other penalties or regulatory fees, as fixed from time to time by resolution of the City Council, for a violation or enforcement of this chapter.
(C) In addition to the costs which may be recovered pursuant to § 1.08.022 of the Code, and in order to recover the costs of the water conservation regulatory program set forth in this chapter, the City Council may, from time to time, fix and impose by resolution fees and charges. The fees and charges may include, but are not limited to, fees and charges for:
(1) Any visits of a water conservation specialist, enforcement officer, or other city staff for time incurred for meter reading, follow-up visits, or the installation or removal of a flow-restricting device;
(2) Monitoring, inspection, and surveillance procedures pertaining to enforcement of this chapter;
(3) Enforcing compliance with any term or provision of this chapter;
(4) Reinitiating service at a property where service has been discontinued pursuant to this chapter;
(5) Processing any fees necessary to carry out the provisions of this chapter; and
(6) Any other necessary and appropriate fees and charges to recover the cost of providing the city's water conservation regulatory program.
(Ord. 2962 § 2 (part), 2009.)
Consideration of written applications for relief from compliance (“relief”) regarding the regulations and restrictions on water use set forth in this Chapter 13.26 may be made by the city.
(A) Written applications for relief shall be accepted, and may be granted or denied, by the approving authority at his or her sole discretion. The application shall be in a form prescribed by the city and shall be accompanied by a non-refundable processing fee in an amount as determined by resolution of the City Council for the purpose of defraying the costs incidental to the review proceedings related thereto.
(B) The grounds for granting or conditionally granting an application for relief are:
(1) A customer has reduced water usage to the minimum feasible level but cannot reduce usage by the amount required by then-current mandatory water conservation stage declared pursuant to this chapter due to the number of people in the household or medical necessity, where “reduced water usage to the minimum feasible level” shall mean that the customer has installed xeriscaping or other low-water landscaping (or has ceased watering other types of landscaping), high efficiency water-using appliances, water-efficient toilets, water-saving faucet devices, and low-flow shower heads, and is complying in all other respects with the requirements of this chapter; or
(2) Due to unique circumstances other than those described in division (1) above, a specific requirement of this chapter would result in undue hardship to a person using city water or to property upon which city water is used, that is disproportionate to the impacts to other city water users generally or to similar property or classes of water users; or
(3) Failure to grant a relief would adversely affect the health, sanitation, fire protection, or safety of the applicant or the public.
(C) The application for a relief shall be accompanied, as appropriate, with photographs, maps, drawings, and other information substantiating the applicant's request, including a statement of the applicant. Provided, however, the city may request such other additional information as it deems appropriate in order to process and/or review the application for relief
(D) An application for a relief shall be denied unless the approving authority finds, based on the information provided in the application, supporting documentation, or such other additional information as may be requested, and on water use information for the property as shown by the records of the city, all of the following:
(1) That the relief does not constitute a grant of special privilege inconsistent with the limitations upon other city customers.
(2) That because of special circumstances applicable to the property or its use, comprising any of the circumstances set forth in division (B) of this section, the strict application of this chapter would have a disproportionate impact on
(a) The property or use that exceeds customers generally; or
(b) The applicant's health that exceeds customers generally.
(3) That the authorization of such relief will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the city to effectuate the purposes of this chapter and will not be detrimental to the public interest.
(4) That the condition or situation of:
(a) The subject property or the intended use of the property for which the relief is sought is not common, recurrent, or general in nature; or
(b) The applicant's health or safety is not common, recurrent, or general in nature.
(E) The denial or grant of a relief shall be acted upon within 15 business days of the submittal of the complete application, including any photographs, maps, drawings, and other information substantiating the applicant's request and the statement of the applicant. The application may be approved, conditionally approved, or denied, subject to division (G) of this section. The decision of the approving authority shall be prepared in writing, include terms and conditions, if any, set forth findings in support of the decision, and be promptly sent to the applicant.
(F) The denial of a request for a relief may be appealed in writing to the City Manager. An appeal shall be made in accordance with the following procedures:
(1) The appellant shall complete and submit in writing a form provided by the city for such purpose and shall state in such form the grounds for his or her appeal. The form shall be accompanied by a non-refundable processing fee in an amount as determined by resolution of the City Council for the purpose of defraying the costs incidental to the proceedings. All appeals shall be submitted to the City Clerk within 30 calendar days of the date of the notice of the denial of the request for a relief.
(2) The City Manager, or his or her designee, shall review the appeal and any related information provided, and, if necessary, cause an investigation and report to be made concerning the request for a relief The City Manager, or his or her designee, shall have 15 calendar days from the submission of the appeal to render a decision on whether to grant or deny the appeal and mail notice thereof to the appellant. The decision shall be prepared in writing, include terms and conditions, if any, and set forth findings in support of the decision.
(3) The decision of the City Manager, or his or her designee, may be appealed by the appellant to the City Council. Such appeal must be submitted in writing on the appropriate city form and filed with the City Clerk within 15 calendar days of the date of decision of the City Manager, or his or her designee. The form shall be accompanied by a non-refundable processing fee in an amount as determined by resolution of the City Council for the purpose of defraying the costs incidental to the proceedings. The City Council shall conduct a hearing on such appeal at its next regularly scheduled City Council meeting; provided, however, the City Council shall have received the notice of appeal at least 15 calendar days prior to such meeting. If the appeal is not submitted within at least 15 calendar days prior to a regularly scheduled City Council meeting, then the hearing shall be held at the following regularly scheduled City Council meeting. A notice of the hearing shall be mailed to the appellant at least ten calendar days before the date fixed for the hearing. The City Council shall review the appeal de novo. The determination of the City Council shall be conclusive. Notice of the determination by the City Council shall be mailed to the appellant within ten calendar days of such determination, indicate whether the appeal has been granted in whole or in part, set forth the terms and conditions of the relief, if any, granted to the appellant, and set forth findings in support of the decision. If the appeal is denied in its entirety, the appellant shall comply with all terms and conditions of this chapter and the applicable water conservation stage then in effect.
(4) Until the conclusion of the appeal process, all provisions and decisions under appeal shall remain in full force and effect until the conclusion of the appeal process.
(G) Any grant of a request for relief shall be conditioned upon the continued existence of the facts and circumstances which formed the grounds for granting relief, as provided in this section. The approving authority may revoke any grant of relief if such facts and circumstances are determined no longer to exist.
(Ord. 2962 § 2 (part), 2009.)
(A) Subject to available funds, the City Manager, or his or her designee, is authorized to develop, promote, and administer water conservation programs to encourage and assist persons in conserving water. The water conservation programs may include, but are not limited to, the following:
(1) Installing, or providing rebate programs for the installation of, water saving devices and irrigation systems in the landscaped areas of residential, commercial, industrial, and public property and public rights-of-way;
(2) Replacing landscaping and turf with drought tolerant plant material and water efficient landscaping;
(3) Developing educational programs to promote water conservation; and
(4) Converting, where financially and technically feasible, potable water distribution systems to recycled water distribution systems for landscaped areas of residential, commercial, industrial, and public property and public rights-of way.
(B) The City Manager shall prepare and implement policies and procedures governing any water conservation program established pursuant to this § 13.26.160.
(C) The City Manager is authorized to enter into agreements relating to such water conservations programs, provided such agreements are approved as to form by the City Attorney.
(D) The expenditure of funds for any water conservation program shall be subject to the provisions of Chapter 3.08, as applicable, and any other provisions of the Municipal Code restricting the expenditure of city funds.
(Ord. 2962 § 2 (part), 2009.)
If provisions of this Chapter 13.26 are in conflict with each other, other provisions of the code, any other resolution or ordinance of the city, or any State law or regulation, the more restrictive provisions shall apply.
(Ord. 2962 § 2 (part), 2009.)
If any provision, section, subsection, sentence, clause or phrase or sections of this chapter, or the application of same to any person or set of circumstances, is for any reason held to be unconstitutional, void or invalid, the invalidity of the remaining portions of sections of this Chapter 13.26 shall not be affected, it being the intent of the City Council in adopting this Chapter 13.26 that no portions, provisions, or regulations contained herein shall become inoperative, or fail by reason of the unconstitutionality of any other provision hereof, and all provisions of this chapter are declared to be severable for that purpose.
(Ord. 2962 § 2 (part), 2009.)