8-1-20: SCARCITY OF WATER; AUTHORITY OF MAYOR:
In time of scarcity of water, the mayor may, by resolution, limit the use of water for any purpose other than domestic purposes to the extent necessary for the public good, in the judgment of the city council.
Restriction Of Water Use:
   A.   Generally: Whenever the Mayor, after investigating the various needs for water in the city and the supply of water available to meet such needs, determines that it is in the best interests of the city to place restrictions on the use of water distributed in the city, he shall have the authority, by resolution, to place reasonable restrictions, as to time, manner and place, on the use of water for any purpose whatsoever within the limits of the city. All such orders shall take effect when filed with the City Recorder and published per state regulations.
   B.   Emergency: Whenever any immediate threat arises to the quantity or quality of the city water supply, or any part thereof, that creates an emergency necessitating immediate remedial action, the Mayor shall have the authority to promulgate such temporary rules as are reasonably necessary in effect when published as per state regulations, if such publication is not immediately available, when such rules are announced through other means of communication calculated to give the public reasonable notice. (See section 1-6-4)
   C.   Enforcement Of Mandatory Water Restrictions. In years during which the Mayor has, by resolution, declared mandatory water use restrictions, the following enforcement actions may be taken:
      1.   A person who is found to be wasting water and or violating the water restrictions for the first time during a calendar year shall be issued a written warning, which warning shall provide notice of potential penalties and the eventual loss of water use on the property.
      2.   A person or property who has previously had a warning issued against their property during a calendar year, and who is found to be wasting water and or violating the water restrictions a second time, will be issued a letter and Conservation Violation Fee of one hundred dollars ($100.00).
      3.   A person or property who has previously had a Conservation Violation Fee issued against their property during a calendar year, and who is found to be wasting water and or violating the water restrictions, will be issued a letter and Conservation Violation Fee of two hundred fifty dollars ($250.00).
      4.   A person or property for which two Conservation Violation Fees have been issued during a calendar year, and on which a person is found to be wasting water and or violating the water restrictions, will be issued a letter and Conservation Violation Fee of five hundred dollars ($500.00).
      5.   A person or property for which three Conservation Violations Fees have been issued during a calendar year and on which a person is found to be wasting water and or violating the water restrictions, will be required to disconnect their sprinkling system connection from the culinary water service.
      6.   A person or property that is found to be violating the water restrictions will be placed on a list to share any fees related to excessive water use imposed by the water provider during a calendar year. The portion of responsibility to that person or property will be evaluated by City Council.
      7.   All fees will be assessed and collected with the monthly utility bill.
   D.   Any appeal to the assessed fees shall be made to the City Recorder within fourteen (14) days of receiving the utility bill. A hearing shall be held at which the customer and the city may present any evidence they have on the accuracy of the fee. A decision shall be made solely on the evidence presented at the hearing. As provided in title 9, chapter 5 of this code. (Ord. 168-03, 11-11-2003; amd. Ord. 268-22, 6- -2022)