16.28.100 Enforcement of Landscaping Water Use Efficiency.
A.   Prohibition Against Wasteful and Inefficient Use of Water. It is hereby declared that the willful and knowing waste of water from inefficient landscape irrigation shall be a public nuisance. It shall be unlawful for any firm, corporation, person, or persons to knowingly allow water waste resulting from inefficient landscape irrigation runoff leaving the target landscape due to low head drainage, overspray, or other similar conditions in which water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures.
   Restrictions regarding overspray and runoff may be modified if:
   1.   The landscape area is adjacent to permeable surfacing and no runoff occurs; or
   2.   The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping.
B.   Enforcement. The city will rely on water purveyors to enforce landscape water use efficiency requirements for existing landscaping. The city shall coordinate with local water purveyors and identify programs that enhance and encourage landscape water use efficiency, which shall apply to existing and new landscaping, such as:
   1.   Tiered water rate structure;
   2.   Allocation-based conservation water pricing structure;
   3.   A rate structure at least as effective as the above options;
   4.   Irrigation audits and/or irrigation surveys; or
   5.   Penalties for water waste.
   Nothing in this section shall preclude city's authority to enforce violation of provisions of Chapter 16.28 as provided in Chapter 16.84 (Enforcement Provisions) of the development code.
(Ord. 539 § 12, 2018; Ord. 443 §3, 2010; Ord. 182 § 2 (part), 1997)