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(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)
RATES AND CHARGES
(A) Every owner of a lot or parcel or property in the city upon which a building shall have been constructed for residential, commercial or industrial use which abuts upon any street or public way containing a treated water system line shall cause such building to be connected with any treated water system within 90 days of date that such service is available.
(B) (1) Basic service. Upon the application of the Owner or Consumer for water service on the premises, the basic tapping charges shall be established by resolution of the City Commission and these charges are established to cover the costs of tap and installation of the service to the property line of the lot to be supplied with water service.
(2) Where the City must install a tap and service line under a state, county or other major roadway where roadway ownership prohibits "open cut" service installation, the City shall assess tap and service fees established by resolution of the City Commission to cover the costs of underground installation, including the cost of the meter and related materials.
The applicant for the tap and service line shall have the option of (a) having the City perform the work or (b) contracting for professional installation by a private licensed and certified contractor approved by the City. The applicant and the approved contractor shall be responsible for obtaining all necessary permits from the City's Department of Development Services. Where the applicant chooses to utilize a private licensed and certified contractor to perform the work, the applicant will only need to pay the meter installation fees established by resolution of the City Commission.
(3) If tap and service lines are not required, the charges shall be established by resolution of the City Commission to cover the cost of the meter and its installation.
(4) Fire-rated system installation for meter sizes of four inches and more.
(a) Where the City installs a fire-rated metering system on behalf of the applicant, service line charges shall be established by resolution of the City Commission.
(b) Where the City must install a tap and service line for a fire-rated metering system under a state, county or other major roadway where roadway ownership prohibits "open cut" service installation, the City shall assess tap and service fees established by resolution of the City Commission to cover the costs of underground installation, including the cost of the meter and related materials.
The applicant for the tap and service line shall have the option of (i) having the City perform the work or (ii) contracting for professional installation by a private licensed and certified contractor approved by the City. The applicant and the approved contractor shall be responsible for obtaining all necessary permits from the City's Department of Development Services. Where the applicant chooses to utilize a private licensed and certified contractor to perform the work, the applicant will only need to pay the meter installation fees established by resolution of the City Commission.
(c) If tap and service lines are not required for fire rated metered systems. the City shall assess charges to cover the cost of the meter and its installation. Such charges shall be established by resolution of the City Commission.
(C) Tapping costs in this section shall be fixed at the rates in force at the time of site plan approval. Rates thus fixed shall be valid for one year, after which new rates, (if any) shall apply. Charges prepaid but not utilized within the one-year period will be applied to future tapping costs, or refunded.
(D) This section shall not prohibit the use of wells for nonconsumption purposes.
(‘72 Code, § 36-4) (Ord. 205, passed - - ; Am. Ord. O-89-49, passed 8-9-89; Am. Ord. O-90-33, passed 9-5-90; Am. Ord. O-91-22, passed 4-17-91; Am. Ord. O-91-45, passed 7-24-91; Am. Ord. O-93-37, passed 9-1-93; Am. Ord. O-2005- 04, passed 5-4-05; Am. Ord. O- 2011-15, passed 5-4-11; Am. Ord. O-2019-18, passed 9-18-19)
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