Sec. 27-112. Application.

   (a)   This article applies to all departments of the city, and to all city water customers who own, occupy, or control water use on any premises as defined in section 27-10.

   (b)   No person shall make, cause, use, or permit the use of water received from the department for residential, commercial, industrial, governmental or any other purpose in any manner contrary to any provision in this article.

   (c)   Mandatory drought response measures shall be implemented based upon the declaration of drought response stages pursuant to section 27-115.

(Ord. No. 10380, § 1, 3-20-07)

Sec. 27-113. Declaration of drought response stages, implementation, termination.

   (a)   Stage 1 or Stage 2 drought response will be declared by the city manager, or any designee, on the advice of the director. A Stage 3 or Stage 4 drought response will be declared by the mayor and council, or any designee, upon the recommendation of the city manager.

   (b)   The director shall develop guidelines which set forth general criteria to assist the city manager or mayor and council, or any designee, in determining drought response stages.

   (c)   Following the declaration of any drought response stage, the department will implement appropriate response actions, including but not limited to public notification and various drought response measures.

   (d)   The director will continually monitor drought conditions and promptly recommend that the drought stage level increase if conditions worsen. Similarly, the director will advise the city manager to rescind Stage 1 or 2, or to recommend termination of Stage 3 or 4, if warranted by lessened drought conditions.

(Ord. No. 10380, § 1, 3-20-07)

Sec. 27-114. Triggers for each drought response stage.

Each drought response stage will be triggered by specific conditions related to the availability of Colorado River water as determined by the tier elevations of Lake Mead pursuant to the Lower Basin Drought Contingency Plan adopted between the United States and non-federal parties:

   (a)   Drought Response Stage 1/Drought Contingency Plan Tier 0 trigger: When the United States Bureau of Reclamation projects that the water level in Lake Mead on January 1 of any calendar year will be between 1090' and 1075' above sea level.

   (b)   Drought Response Stage 2/Drought Contingency Plan Tier 1 trigger: When the United States Bureau of Reclamation projects that the water level in Lake Mead on January 1 of any calendar year will be below 1075' above sea level.

   (c)   Drought Response Stage 3/Drought Contingency Plan Tier 2 trigger: When the United States Bureau of Reclamation projects that the water level in Lake Mead on January 1 of any calendar year will be below 1045' above sea level.

   (d)   Drought Response Stage 4/Drought Contingency Plan Tier 3 trigger: When the United States Bureau of Reclamation projects that the water level in Lake Mead on January 1 of any calendar year will be below 1025' above sea level or the volume of water delivered by the Central Arizona Project to Tucson Water is less than annual potable demand.

(Ord. No. 10380, § 1, 3-20-07; Ord. No. 11794, § 1, 10-20-20)

Sec. 27-115. Response actions for each drought response stage.

Upon declaration of a drought response stage the director shall be authorized to implement and enforce any or all of the drought response measures for a specific drought response stage included in the last-adopted Drought Preparedness and Response Plan on file with the city clerk's office.

(Ord. No. 10380, § 1, 3-20-07)

Sec. 27-116. Variances.

The director, or the director's designee, is authorized to review special cases within which strict application of this chapter would result in serious hardship to a customer. A variance may be granted only for reasons involving health, safety or economic hardship. Application for variance from requirements of this article must be made on a form provided by the director. The department may charge a fee to process a variance request.

(Ord. No. 10380, § 1, 3-20-07)

Sec. 27-117. Violation.

   (a)   Violations of this article will result in a written notice placed on the property where the violation occurred. A duplicate will be mailed to the person who is regularly billed for the service where the violation occurs and to any person known to the department who is responsible for the violation or its correction. The notice will describe the violation and order that it be corrected, ceased or abated immediately or within such specified time as the department determines is reasonable under the circumstances. The notice of violation will contain a description of the possible fees and penalties associated with said violation. If the order is not complied with, the department may disconnect the service where the violation occurs and the then current disconnection charge will be applied to the customer account. Reconnection of any service disconnected for non-compliance will require payment of the then current complete new service connection charge in addition to other fees or charges imposed by this ordinance for disconnection of service.

   (b)   In addition to being grounds for discontinuation of service, violation of any provision of this article shall be a civil infraction. An individual or corporation convicted of violating provisions of this section shall be assessed a civil penalty of not less than two hundred fifty dollars ($250.00) or more than one thousand dollars ($1,000.00) per violation.

(Ord. No. 10380, § 1, 3-20-07)

Sec. 27-118. Enforcement.

This article will be enforced by the department. The city manager, in consultation with the director, is authorized to designate additional city employees to assist in enforcement, should conditions warrant.

(Ord. No. 10380, § 1, 3-20-07)