HomeMy WebLinkAboutOrdinances_2151_CCv0001.pdf ORDINANCE NO. 2151
AN ORDINANCE OF THE CITY OF REDLANDS FINDING
THE NECESSITY FOR AND PROVIDING FOR THE
IMPLEMENTATION AND ENFORCEMENT OF A WATER
CONSERVATION PLAN
E IT ORDAINED by the City Council of the City of
Redlands as follows:
Sectio1.. The Redlands Municipal Code is hereby amended
by adding neva Chapter 13. 06:
CHAPTER 13. 06
WATER CONSERVATION PLAN
sections:
3 .06.010 Title.
13.06. 020 Intent.
13.06.0 30 Purpose and Scope.
13.06.0 0Authorization.
13.06.050 Application.
13. 06. 060 General Prohibition.
13.06.070 Mandatory Conservation State criteria.
13.06.OS0 Mandatory Conservation 'Phase Implementation.
13.06.090 Relief from Compliance-.
13. 06.100 Failure to Comply.
13.06*110 Hearing Regarding violations.
13.06.120 City Manager Delegation.
1.3.06. 130 severability.
13. 06 140 Incompatible Provisions.
13. 06.1'S0 Public Health and Safety Not To Be Affected.
13.06.160 Exemption from California Environmental
Quality Act ,
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13.06.010. Mi-tie.
This chapter establi
the supply of water available for distribution within the City's
service area has been replenished or augmented.
13.06. 040. Authorization.
(a) The City is authorized to implement the provisions of
this chapter following a public hearing as specified below upon
the City Council 's determination by majority vote of the entire
Council that such implementation is necessary to protect the
public health and safety.
(b) A public hearing shall be held to determine whether to
adopt a water conservation plan, and, if so, which measures
provided herein should be implemented. A similar public hearing
shall be held by the City Council prior to the implementation or
termination of each incremental water conservation stage pursuant
to Section 13.06. 080. Notice of the time and place of these
public hearings shall be published not less than ten days before
the hearing in a newspaper of general circulation.
(c) Upon adoption by the City Council, the provisions of
this chapter shall become effective immediately. Notice of the
implementation of successive stages of water conservation shall
be given to water users immediately both by publication at least
once in a newspaper of general circulation within ten days after
adoption, and by a notice enclosed with the next regular City
invoice for water or utility service.
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(d) If the City ounci <cannot meet in time to act to
protect the public interest pursuant to this chapter, the City
Manager or his designate is hereby authorized and directed to
implement such provisions of this chapter upon his or her written
determination that the City cannot supply adequate water to meet
the ordinary demands of water consumers, and that such
implementation is necessary to protect the public health or
safety. Such written determination shall be presented to the
City council at its next meeting for review, revocation or
ratification. Such meeting shall be held as on as possible.
13.06.050. Abdication
'heprovisions of this chapter shall apply to all persons,
customers, and property served water by the City wherever
situated.
13. 06.0611. General Probib tion.
No water user shall make, cause, use, or permit the use of
water supplied by the City for residential, commercial,
industrial, agricultural, governmental or any other use in a
manner contrary to this chapter. Waste or the unreasonable or
nonbeneficial use of water is prohibited in the City of Redlands.
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13. 06.070. Mandator v Conservation S aae Critegia.
The Director of the Public Works Department shall recommend
guidelines for adoption by the City Council setting forth the
criteria to determine when water supply conditions in the City
require the implementation or termination of each water
conservation stage. Such guidelines shall be updated when the
Director determines that water availability so requires. The
Director shall include in such guidelines a calendar symbol
system designating allowed days for irrigation.
13.06.080. Mandatory Conservation Phase IgRlementatio_4.
The Public Works Department shall monitor the projected
supply and demand for water by its customers on a daily basis
during the months of June, July, August, September, and October
and shall recommend to the City Manager the extent of con-
servation required through the implementation and/or termination
of particular conservation stages to allow the Department to
prudently plan for and supply water to its customers. There-
after, the City Manager may recommend to the City Council the
implementation or termination of the appropriate stage of water
conservation in accordance with the applicable provisions of this
chapter. The City Council may implement or terminate the
appropriate stage pursuant to Section 13 .06.040. Notice of the
implementation or termination of each stage shall be given
pursuant to Section 13 .06. 040(c) .
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SWAGE 1. VOLUNTARY CONSERVATION MEASURES
Water users are requested to limit their water use: from
June 1 to October 1 of each year to an amount necessary for
health, safety, economic necessity and irrigation. Water users
should use water wisely and prevent its waste or unreasonable
use.
The following actions are recommended.
1. Adjust sprinklers and irrigation systems to avoid
overs ray, runoff, and waste. Avoid watering do windy clays,
.. Install water saving devices,, such as low flow shower
beads and faucet aerators;
3 . Select low-water-demand shrubs, croundcovers and trees
for .newlandscaping;
4.. Restrict water service in restaurants.
SWAGE 1I. M DATORY COMPLIANCE WA'T'ER ALE
When implementedpursuantto Section l 4 °. 040(b) and
noticed pursuant to Section 13 .06. 040(c) , the following-
restrictions shall: apply to the use of water supplied by the City
in addition to the recommendations of Stage l:'
1. Irrigation of lawns, gardens, landscaped areas, trees,
shrubs, or other plants utilizing individual sprinklers or
sprinkler systems is allowed only on an irrigation day designated
by the city and is prohibited between the hours of -1 .- 00 noon: and
8: 00 p.m. However, irrigation is permitted at any time if:
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a. a and-held hose is used, o
b. A hand-held, faucet-filled bucket containing five
" gallons or less is used., or
C. A drip irrigation system is used..
Commercial nurseries, commercial farmers, and grove
settings requiring 24--hour irrigation cycles, are exempt from
STAGE ll irrigation restrictions, but shall curtail all non-
essential water use.
2- The washing of automobiles, trucks, trailers, boats,
aircraft and other types of mobile equipment is allowed only on
designated irrigation days and is ;prohibited between the hours of
12>00 noon and 8:00 p.m. Mobile equipment: washing shall be done
only with a hand-held bucket or a hand-held hose equipped with a
positive shutoff nozzle for quick rinses.
Notwithstanding the above, washing of such equipment may be
done at any time on the immediate premises of a: commercial car
wash or commercial service station with wahwatr recycling
facilities. Garbage trucks and vehicles to transport food and
perishables are exempt from these regulations if the public
health or safety requires Frequent vehicle cleaning.
. The washing or sprinkling of foundations or structures
shall be allowed only by City permit. Regulations for such
permit shall be enacted by resolution.
. The refilling or adding of water to uncovered swimming
or wading pools or spas is allowed only on designated irrigation
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days and is prohibited between the hours of 12:00 noon and 8:00
p.m.
5. The operation of any ornamental fountain or other
structure making similar decorative use of water is prohibited,
unless the fountain or structure has a recycling system.
6. The use of water for irrigation of golf greens and tees
is allowed only on designated irrigation days and is prohibited
between 12:00 noon and 8:00 p.m. The irrigation of golf course
fairways is absolutely prohibited. The irrigation of golf
courses utilizing treated wastewater or reused water is not
subject to these prohibitions.
7. Restaurants shall not serve water to customers except
upon specific customer request.
8. Failure to repair controllable leaks is prohibited.
9. Use of running water to wash driveways, sidewalks,
parking areas, patios, tennis courts and other paved areas is
prohibited.
10. Failure to prevent excessive runoff from irrigation
activities is prohibited.
11. Use of water from fire hydrants is limited to fire
fighting and other activities necessary to maintain the health,-
safety,
ealth,safety, and welfare of the citizens of Redlands. The use of
water piped from fire hydrants and sprinkled for construction
purposes is prohibited.
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STAGE III. MANDATORY COMPLIANCE - WATER WARNING.
when implemented pursuant to Section 13 . 06.040(b) and
noticed pursuant to Section 13.06.040(c) , the following
restrictions, in addition to all elements of Stages I and II,
shall apply;
1. All outdoor irrigation of vegetation shall occur only
on designated days using hand-held hoses, drip irrigation, or
hand-held buckets and is prohibited between the hours of 12:00
noon and 8: 00 p.m.
EXEMPTION: Permanentiv installed automatic sprinkler
systems may be used on designated irrigation days but are
prohibited between the hours of 12:00 noon and 8:00 p.m.
2 . The watering of golf tee areas is prohibited except
with treated wastewater or reused water.
STAGE IV. K&NDATORY COMPLIA.NCB_ -_WATER EMERGENCY.
Pursuant to California Water Code Section 350 gLt gg_q. , the
City Council may declare a water shortage emergency upon its
determination that the ordinary demands of City water users
cannot be satisfied without depleting the City water supply to a
point of insufficient water for human consumption, sanitation and
fire protection. When implemented pursuant to Section
13 .06.040(b) and noticed pursuant to Section 13 .06. 040(c) , the
following restrictions, in addition to all elements of Stages I,
II and III, shall apply:
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1. All outdoor irrigation of vegetation shall be allowed
only between the hours of 8: 00 p.m. and 12 : 00 midnight on
designated irrigation days.
2. The washing of automobiles, trucks, trailers, boats,
airplanes, and other types of mobile equipment not occurring upon
the immediate premises of commercial car washes and commercial
service stations and not in the immediate interest of the public
health or safety is prohibited.
3 . The washing of automobiles, trucks, trailers, boats,
airplanes, or other types of mobile equipment upon the immediate
premises of commercial car washes and commercial service stations
shall occur only between the hours of 12: 00 noon and 6: 00 p.m.
4. Commercial nurseries and commercial farmers using City
water shall water only on designated irrigation days between the
hours of 10:00 a.m. and 6: 00 p.m. and shall use only hand-held
hoses, drip irrigation systems, or hand-held buckets.
S. The filling, refilling, or adding of water to uncovered
swimming or wading pools and spas is prohibited at any time of
day or night.
6. The operation of any ornamental fountain or similar
structure is prohibited.
7. The issuance of new service connections and meters is
prohibited.
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13.06.090. Relief. From ComDliance.
A City water user may file a request for relief from any
provision of this chapter. The City Manager shall review all
requests and hold a hearing with each applicant. The City
Manager may grant relief from the provisions of this chapter if
he determines that special circumstances make compliance not
reasonably possible, or that the restrictions herein would
either:
(a) Cause an unnecessary and undue hardship to the
water user or the public; or
(b) Cause an emergency condition affecting the health,
sanitation, fire protection or safety of the water user or of the
public.
Such relief may be granted only upon written request to the
city. Upon granting such relief, the City Manager may impose any
conditions he determines to be just and proper. The City Manager
shall make his determination within fourteen (14) days of receipt
of the request for relief and shall inform the applicant of the
decision in writing.
An applicant shall have the right to appeal the City
Manager's decision regarding his or her application to the City
Council or its designate. The appeal must be in writing and
received by the City within ten (1 0) days of the date of the City
Manager's written decision. The appeal shall be heard by the
City Council or its designate within a reasonable period of time
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from the date the appeal is filed. The City shall provide
written notice to the applicant of the time and date of the
hearing. The City Council or its designate, at its discretion,
may affirm, reverse or modify the City Manager's decision and
impose any conditions it deems proper'. The decision of the City
Council shall be final.
13.06.100.. Failure to Comnly.
Violation by any customer of the water use prohibitions of
this chapter shall be penalized as follows
(a) First violation - Notice of Non-compliance. The City
manager is authorized and directed to issue a written notice of
non-compliance to any water user who, in the reasonable judgment
of the City Manager, has failed or refused in a. significant way
to comply with those water use curtailment provisions of this
chapter currently in effect. Any such notice of violation shall
specify the tame, place and manner of non-compliance, and shall
specify a reasonable period to achieve compliance. Any notice of
non-compliance shall be directed to the customer of record for
the premises where the non-compliance was observed. Delivery may
be through regular rail or by persona:- delivery with a
declaration of delivery returned to the City Manager.
(b) Second Violation - Warning of Penalties For a second
violation by any customer of the water use curtailment provisions
of this chapter currently in effect, a written warning notice of
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fir:
the future imposition of penalties on the customer's water bill
shall be issued. Any such warning notice shall specify the time,
place and manner of non-compliance and shall require compliance
within two days. Any warning notice shall be directed to the
customer of record for the premises where the violation has
occurred. Delivery will be made by personal delivery with a
declaration of delivery returned to the City Manager.
(c) Third Violation - Imposition of Penalties.
(1) For a third violation by any customer of this
chapter, a citation shall be issued and a surcharge imposed on
the customer's next regular water bill. The surcharge shall
consist of a percentage of the customer's commodity charge as
shown on the most recent water bill, based upon the water
conservation stage then in effect at the time of the most recent
violation. The penalty surcharge for each stage is shown below:
STAGE II . . . . . . . . . 25%
STAGE III . . . . . . . . . 50%
STAGE IV . . . . . . . . . 75%
As an example, if a water user's most recent commodity charge is
$25, a third violation while the City is in Stage III would
result in the imposition of a $12. 50 surcharge.
(2) If a water customer cited for a third violation fails
or refuses to comply with the requirements of this chapter or to
pay any outstanding water bills including surcharges, the City
Manager is hereby granted discretionary authority pursuant to
California Water Code Section 375 to cause a flow-restricting
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device to be installed at the meter to reduce water availability
to the customer's service address. Pursuant to California Water
Code Section 35423 , if installation of a flow restrictor is
infeasible, impractical or is unlikely to induce compliance with
this ordinance, the City Manager may authorize a shutoff of
service to the premises involved.
13.06.110. Hearing Regarding violations.
(a) Any customer receiving notice of a second or subsequent
violation pursuant to section 13 . 06.090 shall have a right to a
hearing by the City Manager within fifteen (15) days of mailing
or other delivery of the notice of violation.
(b) The customer's written request for a hearing within the
fifteen (15) day period shall automatically stay the imposition
of monetary penalties on the customer's water bill until the City
Manager renders his decision.
(c) The decision of the City >Manager may be appealed to the
City Council.
13.06.120. City Manager Delegation.
The City Manager may delegate all duties and responsibili-
ties hereunder.
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13 .06.130. Se,verability.
If any provision, section, subsection, sentence, clause, or
phrase of this chapter, or the application of same to any person
or set of circumstances is held to be unconstitutional, void, or
invalid, such decision shall not affect the remaining portions of
this chapter which shall remain in full force and effect, and all
provisions of this chapter are declared to be severable for that
purpose,.
13.06.141 . Incompatible Provigaons.
To the extent any provision of this ordinance is
incompatible with or at variance with any prior adopted ordinance
or resolution, the provisions of this ordinance shall take
precedence, and all prior ordinances and resolutions shall be
interpreted to harmonize with and notchange the previsions of
this ordinance.
13.06.150. Public_Lea th and Safety. Not_ Tg Be Affected.
Nothing in this ordinance shall be construed to require
the City to curtail the supply of water to any customer when such
water is required by that customer to maintain an adequate level
of public health or public safety.
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13.04.160. Exemption from California Environmental Quality Act.
The City Council hereby determines that the adoption of this
ordinance and implementation of the measures set forth herein are
exempt from review under the California Environmental Quality Act
(California Public Resources Code Section 21000 et seq.) because it is
an action taken to mitigate or prevent a water shortage emergency$ and
to protect natural resources. The City Council hereby directs the City
Manager or his designate to prepare and file a Notice of Exemption as
soon as possible following adoption of this ordinance.
Section 2 . The Mayor shall sign this ordinance and the City
Clerk shall certify to the adoption of this ordinance and shall cause
it to be published once in a newspaper of general circulation within
the City within ten days after adoption, and thereafter this ordinance
shall take effect in accordance with law.
Mayor C f �dlands
s",
ATTEST:
Deputy City Clerk , City of do
I, Beatrice Sanchez, Deputy City Clerk of the City of Redlands, hereby
certify that foregoing ordinance was duly adopted by the City Council
at a regular meeting thereof held on the 14th day cif Mav
1991, by the following vote:
AYES: Counciliptembers Cunningham, Larson, Milson;
Mayor DeMirjyn
NOES: None
ABSENT: Councilmember Beswick
ABSTAINED: None
V-�
;:.ni nd s
Deputy City Clork , (,-' edl
ity o&-�k
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