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(a) A person using water under a water use authorization that the County issued pursuant to this chapter shall maintain the landscaping and irrigation on the property to ensure compliance with the MAWA.
(b) A property owner using water on property subject to a water use authorization shall prepare a regular maintenance schedule for the landscaping and irrigation on the project. The schedule shall provide for, but not be limited to: (1) routine inspections to guard against runoff and erosion and detect plant or irrigation system failure (2) replacement of dead, dying and diseased vegetation, (3) eradication of invasive plant species in transitional areas, (4) auditing, repairing and adjusting the irrigation system and its components when necessary, (5) replenishing mulch, topdressing with compost (6) soil amendment when necessary to support and maintain healthy plant growth, (7) fertilizing, pruning, weeding and mowing and, (8) aerating and dethatching turf areas, (9) maintenance to avoid obstruction of motorists' view, (10) ongoing maintenance of all vegetated BMP as per an approved Landscape Documentation Package. The schedule shall also identify who will be responsible for maintenance and include emergency contact information.
(c) A person who uses water pursuant to a water use authorization shall maintain the irrigation system to meet or exceed an average irrigation efficiency of 0.75.
(d) A person who replaces broken or malfunctioning irrigation system components shall replace the components with the same materials or their equivalent, or with components with greater efficiency, however, the precipitation/application rates shall remain matched on any given valve.
(e) A person who replaces vegetation shall replace it with plantings that are representative of the hydrozone in which the plants were removed and shall be typical of the water use requirements of the plants removed provided that the replaced vegetation does not result in mixing plants contrary to the requirements of this chapter. This shall also apply to vegetated structural BMPs or any other vegetated BMPs installed on the property per approved plans.
(f) A project applicant is encouraged to implement established landscape industry sustainable Best Practices for all landscape maintenance activities.
(a) No person who owns or occupies property in the unincorporated area of the County shall use water for irrigation that due to runoff, low head drainage, overspray or other similar condition, results in water flowing onto adjacent property, non-irrigated areas, structures, walkways, roadways or other paved areas. This section is not intended to apply to circumstances beyond the control of the property owner or other person in possession of the property.
(b) No person whose property is subject to an outdoor water use authorization pursuant to this chapter shall exceed the MAWA for the property.
(c) A person who violates subsections (a) or (b) above shall be subject to the Administrative Citation Procedures in sections 18.101 et seq. of this code.
(d) The County may also obtain an injunction against a person who continues to violate subsections (a) or (b) after receiving a warning of an Administrative Citation pursuant to section 18.103.
Whenever the County has reasonable grounds to believe that a person is violating section 86.728 the County may inspect the property and any irrigation system or water feature on the property. If a person refuses to consent to an inspection the County may obtain an inspection warrant pursuant to Code of Civil Procedure sections 1822.50 et seq. No person shall interfere with a County inspector conducting an inspection authorized by this chapter.
(a) The County may randomly audit outdoor water use on any property for which it issued a water use authorization pursuant to this chapter to determine compliance with the authorization. A person who owns or occupies property subject to a water use authorization, shall be deemed to consent to the audit of outdoor water use if the person engages in outdoor water use on the property.
(b) The County may also analyze, survey and audit outdoor water use using methods described in 23 California Code of Regulations sections 490 et seq., on an existing landscape project where the landscaped area exceeds one acre and the County has reasonable grounds to believe that due to irrigation runoff, low head drainage, overspray or other similar condition, water is flowing onto adjacent property, non-irrigated areas, structures, walkways, roadways or other paved areas of the project.
An applicant for a project subject to this chapter shall include with the application, all fees established by the Board of Supervisors to cover the County's costs to review an application, any required landscape documentation package and any other documents the County reviews pursuant to the requirements of this chapter.
A person whose application for a water use authorization, modification of a water use authorization, or Certificate of Completion is denied may appeal the denial to the Planning Commission by making a written request for the appeal to the Director of PDS within 10 days of the denial. The Planning Commission shall consider the matter within 45 days after the appeal is filed. The 45-day period may be extended upon written consent of the appellant. The Planning Commission's decision shall be final.
(Added by Ord. No. 10032 (N.S.), effective 2-12-10; amended by Ord. No. 10224 (N.S.), effective 10-25-12)