(A) Water waste prevention. Water waste from inefficient landscape irrigation allowing runoff, low head drainage, overspray or other conditions where water flows onto roadways, adjacent property or non-irrigated property is prohibited.
(B) Prohibition on certain covenants conditions and restrictions, all development. It shall be unlawful for covenants, conditions and restrictions of any development project or homeowners association to require the use of water-intensive landscaping or prohibit low water use landscaping.
(C) Landscaping equipment.
(1) Water meters. Separate landscape water meters shall be installed for all projects except for single family homes. All commercial, industrial and apartment buildings must have separate meters for landscaping installed by January 1, 2013.
(a) All meters are the property of the Indio Water Authority.
(b) Consumers, contractors, or any other person shall not tamper with or make inoperable any permanent meter that is installed to record water usage.
(c) All new construction shall have separate landscaping meters.
(d) Portable meters shall be installed on hydrants to record water use for construction use, air quality dust control or any other water use deemed acceptable by the Indio Water Authority. Meters shall be obtained from the Indio Water Authority.
(e) Only Indio Water Authority meters shall be used to record water usage in the Authority’s service area.
(2) Controllers. Automatic evapotranspiration, ET, controller systems or moisture sensing devices shall be required for all irrigation systems and must be able to accommodate all aspects of the design.
(3) Valves. Plants which require different amounts of water shall be irrigated by separate valves. If one valve is used for a given area, only plants with similar water use shall be used in that area. Anti-drain (check) valves shall be installed in strategic points to minimize or prevent low-head drainage.
(4) Sprinkler heads. Heads and emitters shall have consistent application rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance.
(5) Rain sensing override devices. Rain sensing override devices shall be required on all irrigation systems.
(6) Soil moisture sensing devices. It is recommended that soil moisture sensing devices be considered where appropriate.
(7) Vertical stops. Sprinklers must be equipped with vertical stops installed just below the sprinkler head which automatically shut off water to a broken sprinkler head.
(8) Backflow devices and valves. No consumer, contractor or any other person shall tamper with backflow devices or distribution valves without consent of the Indio Water Authority. Repairs of backflow devices shall be done by companies approved and authorized by the Indio Water Authority.
(9) Master values. Master values must be installed on all systems with a flow sensor for automatic shut off of the station based on 10% over flow rate.
(D) Remedies nonexclusive. Enforcement remedies provided in this chapter are not exclusive. The city may take all, or any combination of these actions against a person, as well as any other enforcement remedies which the city may have available.
(E) Administrative remedies.
(1) Notice of violation. Whenever an authorized enforcement official determines there has been a violation of this chapter, the official may serve a notice that enumerates the violations found and order compliance by a certain date.
(2) Administrative compliance order. Whenever an authorized enforcement official determines that a violation of this chapter has occurred, the official may require the submission of a detailed compliance schedule, including the actions that will be taken to correct said violation(s) or prevent future recurrences of said violation(s), to the authorized enforcement official for approval. A compliance order shall not relieve the violator of liability for any violation, including any continuing violation.
(3) Cease and desist order. Whenever an authorized enforcement official determines that a violation of this chapter is occurring, or that past violations are likely to recur, the authorized enforcement official may issue an order to cease and desist and take such appropriate remedial or preventive action as may be needed to properly address a continuing or potential violation, including halting operations and/or terminating the discharge.
(4) Termination of service. If the violation continues after the issuance of a cease and desist order, irrigation service to the facility may be turned off and remain off until corrective actions are taken to the satisfaction of the authorized enforcement official.
(5) Administrative civil penalties. The city may serve an administrative complaint on any person who has violated, or continues to violate, any provision of this chapter. Each day on which each instance of noncompliance shall occur or continue shall be deemed a separate and distinct violation. Procedures for application of administrative civil penalties shall be in accordance with standard procedures adopted by the city.
(F) Violations deemed a public nuisance.
(1) In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated and/or restored by any authorized enforcement official, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the city.
(2) If any violation of this chapter constitutes a seasonal and recurrent nuisance, the city shall conduct a hearing to consider revocation of a permit by serving notice to the permittee a notice of intention to revoke. The city will set forth the grounds for the hearing and designate a time and a place for the hearing.
(G) Guidelines adopted, procedure for amendment and modification. The Indio Water Authority Board and City Council shall from time to time consider and adopt “Landscape and Water Conservation Guidelines” as Section 4 of the City’s “Development Services Procedural Guidelines.” City and Indio Water Authority staff shall apply these guidelines to all new development and may amend or modify same administratively as deemed necessary and appropriate by the City Manager/Executive Director or his or her designee. Within 90 days of approval of any administrative amendment or modification of these guidelines, the City Manager/Executive Director shall present a summary of same to the City Council and the Indio Water Authority Board for review and ratification at a public meeting.
(Ord. 1528, passed 3-5-08; Am. Ord. 1563, passed 12-16-09; Am. Ord. 1762, passed 7-21-21)