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.)