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§ 15.05.248 PERMANENT WATER CONSERVATION REQUIREMENTS - WATER CONSERVATION MEASURES.
   (A)   No person shall tamper with, bypass, or take any action to disable or destroy a water meter.
   (B)   All property owners shall be responsible for ensuring that the water meter on their property is accessibly for maintenance, repair and readings.
   (C)   In the event of a meter failure for either agricultural or domestic water supply, a water customer’s usage will be calculated based on historical usage for any period of time the meter is out of service. Historical usage shall be determined based on the average usage per day for the last full month prior to breakage, or at the option of the county, the last full month prior to the breakage averaged with the next full month after the breakage.
   (D)   Any such costs incurred by CSA 31 or the County to repair, service, replace or remedy any situation described in divisions (A) or (B) of this section, shall be reimbursed by the owner to CSA 31 or to the county respectively.
   (E)   Obligations to fix leaks, breaks or malfunctions. Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user’s plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected, and in no event more than three days after receiving notice from the county is prohibited.
(Ord. 927, § 2 (part), 2014)
§ 15.05.249 PERMANENT WATER CONSERVATION MEASURES-WATER ALLOTMENT GENERAL PROVISIONS FOR DOMESTIC AND AGRICULTURAL WATER ALLOTMENTS.
   (A)   CSA 31 may reserve and not make an allocation of a reasonable amount, as determined in the county’s sole discretion, of agricultural water received from the San Benito County Water District for the purposes of fire suppression, for an unexpected water loss, and as an emergency reserve. The remainder of the allocation from the San Benito County Water District shall be allocated to the various parcels within CSA 31.
   (B)   CSA 31 allocation of domestic water shall be determined in the county’s sole discretion, based on factors such as the time of year, changes in the local water table, estimates regarding the amount of water that the CSA 31 well can produce over a sustained period, and the domestic water needs of residents within CSA 31. The county shall consult with the Board of Directors of the Stonegate Homeowners Association prior to determining any allocations or making any change in allocation.
   (C)   A month shall be defined as the first day of the calendar month to the last day of a calendar month.
   (D)   If a water reading is taken after the last day of a calendar month, the water usage for the month shall be determined by actual usage, divided by the number of days since the last reading, multiplied by the number of days in the calendar month for which the usage is being determined.
   (E)   Any owner or resident may use additional water received from other sources, such as water that is delivered to an on-site water storage tank.
   (F)   The water allocation for July 2014 shall be prorated so that it reflects the allocation that each parcel may use from July 8, 2014 through July 31, 2014.
   (G)   No person shall install, maintain, or allow to be installed or maintained, any connection, pipe, or hose between the domestic and agricultural water supply pipelines on any residential parcel within CSA 31.
   (H)   It is unlawful for any person, firm, association or corporation, to violate, to cause, or to maintain a violation of this article.
(Ord. 927, § 2 (part), 2014)
§ 15.05.250 CONSERVATION MEASURES - AGRICULTURAL WATER SUPPLY: ALLOTMENTS.
   (A)   Annual allotment.
      (1)   The Board of Supervisors may establish, by resolution or ordinance, in its discretion, an annual agricultural water allotment for each parcel within CSA 31 based on the amount of water received from the San Benito County Water District. The County shall consult with the Board of Directors of the Stonegate Homeowners Association prior to determining any allocations or making any change in allocation.
      (2)   A water year shall be determined to run from March 1st through February 28th or February 29th as applicable, of the following year, unless the Board of Supervisors shall determine, by resolution or ordinance, different beginning and ending dates of a water year.
      (3)   An annual water allotment can be increased or decreased, upon mailed notice to owners within CSA 31, in the reasonable discretion of the County for reasons which may include, but are not limited to the following: if the water allocated by San Benito County Water District is increased or decreased during the water year through changes in allocation from the San Benito County Water District, or in the event of an emergency, including but not limited to a fire or line breakage which consumes a portion of the annual agricultural water supply, or in the event that one or more CSA 31 homeowners have used water in excess of the previous allocations, which is likely to cause, as may be determined in the Board of Supervisors’ reasonable discretion, CSA 31 to exceed its allotment without further reductions in allotments.
      (4)   If a yearly agricultural allotment is established by the San Benito County Board of Supervisors, when the yearly allotment for a parcel is reached, the agricultural water supply to the parcel will be turned off and locked until the beginning of the next water year. In the alternative, a water restricting device may be installed by the county.
      (5)   To the extent allowed by law, the cost of any water used beyond the yearly allotment will be determined by using the current over limit rate set by the San Benito County Water District, if established as part of the water fees set for CSA 31 in the discretion of the Board of Supervisors. This cost will be due and payable from the owner to CSA 31.
      (6)   The annual allotment shall not be a guarantee or right to any person to use the entire annual allotment value. The annual allotment merely establishes the maximum amount of water that a property may use before its agricultural water supply is terminated for the remainder of the water year.
   (B)   Monthly allotments.
      (1)   The Board of Supervisors may establish, by resolution or ordinance, in its discretion from time to time, a monthly agricultural water allotment and a month-by-month “cumulative agricultural water allocation” for each parcel within CSA 31. The county shall consult with the Board of Directors of the Stonegate Homeowners Association prior to determining any allotments or making any change in allotments.
      (2)   Each parcel owner, as on record at the Treasurer-Tax Collector’s office, and all others who have requested notice and provided a mailing address for notice as set forth in § 15.05.247, shall receive mailed notice of the monthly water allotment, and the “cumulative water agricultural allotment”, and upon each subsequent change in the allotments by the San Benito County Board of Supervisors.
      (3)   There may be “banking” of any portion of a parcel’s monthly allotments of agricultural water which is unused. In the case of a portion of the monthly allotment being unused at the end of the month, the unused portion of a monthly agricultural allotment for a parcel is then added to the next month’s allotment, for the amount of water available for that parcel to use.
      (4)   When the monthly allotments described in this section is mandatory, as established by resolution or ordinance of the Board of Supervisors, due to the failure of a well, pipeline, or water delivery system, or the amount of the annual allocation of water from the San Benito County Water District, no person shall use or allow to be used on a parcel agricultural water/non-potable supplied by CSA 31 in excess of the parcel’s cumulative monthly water agricultural allotment.
(Ord. 927, § 2 (part), 2014)
§ 15.05.251 PERMANENT WATER CONSERVATION MEASURES - DOMESTIC SUPPLY: ALLOTMENTS.
   (A)   The Board of Supervisors may establish, by resolution or ordinance, in its discretion, a monthly domestic water allotment of the potable water supplied by the CSA 31 well. The county shall consult with the Board of Directors of the Stonegate Homeowners Association regarding establishing any allotments or making a change in allotments.
   (B)   No person shall use or allow to be used on a parcel domestic/potable supplied by CSA 31 in excess of the monthly domestic water allotment.
(Ord. 927, § 2 (part), 2014)
§ 15.05.252 ENFORCEMENT.
   (A)   Discontinue service/water flow device. After providing due process, the county, in its sole discretion, may discontinue service or place a flow restricting device on the meters or water supply lines of consumers who violate provisions of this article.
   (B)   In the application and enforcement of the conservation measures required by this article, every water customer is deemed to have under his or her control at all times his or her water distribution lines and facilities, and to know the manner and extent of his or her water use.
   (C)   Each breach of this article shall constitute a separate violation punishable as set forth below. Each day a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
   (D)   All the remedies stated in this article, and/or otherwise available under state law, shall be cumulative to any other remedy or penalty that may be imposed for violation of this article.
   (E)   The Director of Public Works has primary responsible for enforcement of this article. The Director, along with the county’s Code Enforcement Officer, and/or any peace officer, shall be empowered to enforce the provisions of this article and shall be authorized to issue citations to violators.
   (F)   Whenever any act or omission is made unlawful by this article, it shall also be unlawful to cause, permit, aid, abet, allow, or conceal the fact of such act or omission.
   (G)   In the event of verified line breakage which causes excess usage of water which could not have been reasonably anticipated and prevented, there shall be no violation of this article if the owner is able to bring his/her water usage to within the “cumulative water allocation” for the parcel within 60 days of the line breakage. This period of time may be extended upon written application to the Director, not to exceed an additional 30 days. The owner shall be obligated to provide reasonable proof of the existence of the water line breakage/malfunction in any appeal of any enforcement action taken.
(Ord. 927, § 2 (part), 2014)
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