It shall be unlawful for any Customer to waste, or engage in the unreasonable use of water. If any Single Family Residential Customer enters the Department's highest rate tier during Phase II-VI, that Customer may be subject to a Water Use Analysis performed by the Department. Department will use available resources, including, but not limited to, water consumption history, land use data, and aerial photographs, to analyze the reasonableness of a Customer's water use.
A. Notification. Department may issue a notification to a Customer requesting access to the property for purposes of completing a Water Use Analysis. Within thirty (30) days following written notification by the Department, to the Customer's billing address, the Customer shall provide the Department reasonable access to the property for purposes of completing a Water Use Analysis and for verifying compliance with any existing Customer Conservation Plan.
B. Cooperation. Customer, or his designated representative, shall be present and fully cooperate with the Department in the Water Use Analysis, including, but not limited to, providing water use information relating to landscaping, agriculture, fixtures, ponds, cooling towers and other water features and uses located on the property.
C. Customer Conservation Plan. Upon completion of the Water Use Analysis, Department may prepare a Customer Conservation Plan that includes an evaluation of all water uses on the property, directions to reduce waste and unreasonable use of water, and a water budget based on the reasonable use of water on the property. Department will discuss with the Customer the findings of the Water Use Analysis and explain the Customer Conservation Plan.
D. The Department shall adopt criteria and process for implementing the Water Use Analysis. When possible the Department will use approved industry standards and methodologies to calculate indoor and outdoor water use.
E. Customer shall comply with all terms of the Department's Customer Conservation Plan, including any water budget provided by Department, and failure to comply shall be deemed an unreasonable use of water that is a threat to public health, safety and welfare and is deemed a nuisance pursuant to Government Code § 38771.
F. Violation. Customer failure to (1) provide reasonable access to property following notice, (2) cooperate with Department in the development of a Customer Conservation Plan, or (3) comply with Customer Conservation Plan shall be deemed a new violation of this section, and shall be noticed by the Department by written citation. Violation of this section shall subject Customer to penalties as described in Section 121.10 A.3.