(a) The City Manager is hereby authorized to declare that a water alert or a state of water availability emergency exists when the City Manager reasonably determines that there is a shortage of water in or available to the City's water service system so that certain restrictions on the use of water from the system during the alert or emergency are reasonably necessary to protect the health, safety and welfare of the users of the system and the inhabitants of the City.
(b) During the period of a water alert declared by the City Manager, no person, corporation, partnership, association or other legal entity with an even numbered address shall use water supplied from the City's water service system for the purpose of outdoor watering or sprinkling of any lawn, tree, shrub, flower, garden or part thereof; for the purpose of filling a swimming pool; for the purpose of washing or rinsing any driveway, walkway, parking area, structure, motor vehicle or part thereof, or for any similar purpose on even numbered days; nor shall any person, corporation, partnership, association or other legal entity with an odd numbered address use water supplied from the City's water service system for any such purpose on an odd numbered day.
(c) During the period of a water availability emergency declared by the City Manager, no person, corporation, partnership, association or other legal entity shall use water supplied from the City's water service system for the purpose of outdoor watering or sprinkling of any lawn, tree, shrub, flower, garden or part thereof, or for any similar purpose; for the purpose of washing or rinsing of any driveway, walkway, parking area, structure, motor vehicle or part thereof, or for any similar purpose; or for the purpose of filling any residential swimming pool.
(d) Each of the following business-related uses and purposes shall be exempt from the prohibitions of subsections (b) and (c) hereof:
(1) Commercial laundry facilities;
(2) Municipal or community swimming pools;
(3) Commercial car washes; and
(4) Other uses necessary for the public health, safety or welfare as approved by the City Manager.
(e) This section shall apply to all users of the City's water service system, including property outside of the City served by the City water system.
(f) The Director of Service, or his or her designated agent, is hereby authorized and directed to cause the termination of water service to any property which is served by the City's water service system upon a determination by the Director or his or her designated agent that water from the City's water service system is being used from such property, during a period of water alert or a state of water availability emergency declared by the City Manager, in violation of subsections (a) through (c) hereof.
(g) Water service terminated pursuant to this section shall not be resumed until the state of water availability emergency is ended, and then only upon payment by the property owner of a fee of one hundred dollars ($100.00).
(h) Prior to termination of service, notice of the proposed termination shall be made not less than 24 hours prior to such termination of service. The owner of such property, or his or her authorized agent, may appeal the proposed termination by notifying, in writing, the office of the Director of Services during regular business hours. Promptly upon receipt of such written notice of appeal, the Director or his or her designated agent shall schedule a meeting of the Board of Utility Appeals with the appellant to be held not later than six regular business hours after the filing of the written notice of appeal. The Board of Utility Appeals shall determine whether or not there has been a violation of division (b) hereof and shall issue his or her written decision with regard to terminating such service stating his or her reasons therefor. If an appeal of a proposed termination is timely received in the office of the Director, then service shall not be terminated until the written decision of the Board of Utility Appeals is made thereon. A copy of the written decision shall be served upon the appellant either personally or by certified mail, return receipt requested, at such address as the appellant may designate at the hearing.
(Ord. 12-88. Passed 9-1-88; Ord. 7-2000. Passed 5-4-00; Ord. 11-2012. Passed 5-17-12.)