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The declaration of a water shortage or water shortage emergency within all or any part of the city by the governing Board or the Executive Director of the district shall invoke the provisions of this subchapter. Upon such declaration all water use restrictions or other measures adopted by the district applicable to the city, or any portion thereof, shall be subject to enforcement action pursuant to this subchapter. Any violation of the provisions of Chapter 40E-21, Florida Administrative Code, or any order issued pursuant thereto, shall be a violation of this subchapter.
('72 Code, § 36-63.1(e)) (Ord. O-73-2, passed 1-3-73; Am. Ord. O-85-19, passed 4-3-85) Penalty, see § 51.999
Every police officer or sheriff having jurisdiction in the area governed by this subchapter shall, in connection with all other duties imposed by law, diligently enforce the provisions of this subchapter. In addition, the City Manager may also delegate enforcement responsibility for this subchapter to agencies and departments of city government in accordance with state and local law.
('72 Code, § 36-63.1(f)) (Ord. O-73-2, passed 1-3-73; Am. Ord. O-85-19, passed 4-3-85)
(A) Landscape irrigation of new and existing installations shall be restricted to the hours of 5:00 p.m. to 9:00 a.m., seven days per week.
(B) In the event the South Florida Water Management District imposes restrictions on landscape irrigation for new and established landscaping which are more restrictive than those imposed by this section, such more restrictive regulations shall prevail.
(Ord. O-93-34, passed 7-21-93; Am. Ord. O-2001-12, passed 4-4-01) Penalty, see § 51.999
(A) Irrigation of new and established landscaping with reclaimed wastewater shall not be restricted. Low-volume irrigation of new and established landscaping shall not be restricted. Handwatering using a self-canceling nozzle shall not be restricted.
(B) Irrigation of established lawns and landscaping for purposes of watering-in insecticides, fungicides and herbicides, where watering-in is required by the manufacturer or by federal, state or local laws shall not be restricted.
(C) The operation of irrigation systems for cleaning and maintenance purposes shall be limited to the minimum necessary to maintain efficient operation of the system and each irrigation system zone may be tested not more than once each week; however, if such cleaning and maintenance is required more than once per week, then the property owner is required to show proof of that need to the City Utilities Department.
(D) Irrigation of new lawns and landscaping by nonlow-volume methods is prohibited between the hours of 9:00 a.m. and 5:00 p.m., except from noon until 1:00 p.m. daily for a period of 30 days or until the lawn is considered established, whichever period is shorter.
(E) Disposal wells for water-to-air heat pumps are encouraged; however, existing installations which discharge water to irrigation systems are exempt from the restrictions of this section.
(Ord. O-93-34, passed 7-21-93; Am. Ord. 0-93-71, passed 12-1-93; Am. Ord. O-2001-12, passed 4-4-01) Penalty, see § 51.999
(A) All users requesting relief from the provisions of §§ 51.116 through 51.118 shall file an application for exception on a form prescribed by the Utilities Department (the “Department”), but must conform to lawn/landscape irrigation restrictions until the Utilities Director (the “Director”) or his/her designee grants a temporary exception or until the City Manager or his/her designee grants the exception.
(B) Criteria for issuance. No application for exception shall be granted unless the applicant demonstrates that a strict adherence to the Code requirements will result in an undue hardship and that the exception will not otherwise be harmful to the water resources of the City of Hollywood and affirmatively demonstrates that one or more of the following circumstances exists:
(1) The exception is essential to protect health or safety; or
(2) Compliance with the particular rule or order from which exception is sought will require measures which because of their extent, can not be accomplished.
(C) Limiting conditions. Exceptions granted shall be subject to the following conditions, unless waived or modified by the City Manager or his/her designee:
(1) The exception granted shall be the minimum necessary to alleviate the circumstances for which the exception was granted under division (B).
(2) All exceptions shall expire upon the issuance of a Water Shortage Declaration by the South Florida Water Management District or any other entity or agency with jurisdiction to regulate and shall resume in full force after the rescinding of Water Shortage Orders by the South Florida Water Management District or by such regulatory entity or agency.
(3) Exceptions granted under division (B)(2) may prescribe a timetable for compliance with the restrictions from which the exception was sought.
(4) The City Manager or his/her designee may revoke or modify an exception when it is determined that the continued utilization of the exception is inconsistent with the objectives of the City of Hollywood’s Water Conservation Program.
(5) All exceptions are personal to the applicant and expire upon transfer of ownership of the property.
(D) Applications for exception. The application shall contain the following:
(1) The applicant’s name, address, telephone number and location of the property for which relief is requested;
(2) The specific rule, order, or restriction from which the applicant is requesting relief;
(3) A detailed statement of the facts which the applicant believes demonstrate that the request qualifies for an exception under division (B) herein;
(4) A description of the relief desired;
(5) The period of time for which the exception is sought including the reasons and facts in support thereof;
(6) The damage or harm resulting or which may result to the applicant from strict compliance with the irrigation restrictions;
(7) If the exception is sought under division (B)(2), information identifying the restrictions which currently can be met, a description of the measures which would be necessary to meet all restrictions and the date when these measures could be completed;
(8) For applications for exception from restrictions on irrigation, a general description of the irrigation system, including pump or water system output and irrigated area; and
(9) Any other information the applicant believes is material.
(E) Procedures.
(1) The Director or his/her designee shall review the application. The Director shall set forth in writing the grounds or basis for approval or denial of the exception. Upon the Director’s recommendation for approval, a copy of the recommendation shall be forwarded to the applicant with a temporary exception granted for 14 days. Upon the Director’s recommendation of denial, the Director shall inform the applicant that the application is denied and shall set forth the applicant’s right to a hearing on such denial. The applicant must request a hearing on such denial in accordance with division (E)(4) herein.
(2) The Director or his/her designee shall present the application to the City Manager or his/her designee to grant, deny or modify the exception. City Manager action denying applications for exceptions shall be by written order and copies shall be furnished to the applicant. An applicant whose exception has been granted by the City Manager shall be furnished an appropriate notice of lawn/landscape irrigation restriction exception which shall include the terms of exception and shall be prominently displayed at the applicant’s place of use.
(3) Any person desiring to dispute a denial by the City Manager or his/her designee shall request in writing to the Director within 20 days of receiving the City Manager’s denial that a hearing be held on the disputed matter. Upon such written request, the Director shall convene a hearing within 15 days of receiving such request for hearing before the Hearing Panel specified herein. The City’s Hearing Panel (the “Panel”) shall consist of the City Engineer, the Director of Public Works and the Director of the Department of Planning and Development Services, or their respective designees. The Utilities Director shall first present the city’s side of the dispute. The applicant will then follow with a presentation of his/her case. The Hearing Panel shall hear and consider all testimony offered and shall, at the conclusion of the testimony, issue its order. Hearings shall be open to the public and such hearings shall be conducted informally in accordance with ordinary parliamentary procedures, and with all efforts to ensure due process as to all parties. Any person desiring to appeal the decision of the Hearing Panel may request an appeal before the City Commission in writing to the City Manager within ten days of the Hearing Panel’s denial of the application for exception. Such an appeal request to the City Commission shall be scheduled at the next available City Commission meeting date.
(Ord. O-93-71, passed 12-1-93; Am. Ord. O-2005-04, passed 5-4-05; Am. Ord. O-2011-15, passed 5-4-11)
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