HomeMy WebLinkAboutORD 05-14 Establishing Water Conservation and Water Supply Shortage ProgramORDINANCE NO. 05-14
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE ESTABLISHING A WATER
CONSERVATION AND WATER SUPPLY
SHORTAGE PROGRAM AND REGULATIONS
THERETO.
WHEREAS, a reliable minimum supply of potable water is essential to the public
health, safety and welfare of the people and economy of the southern California region; and
WHEREAS, the State of California is experiencing record dry conditions, with 2014
projected to become the driest year on record; and
WHEREAS, the two main sources of import water, the Colorado River and Northern
California, for the City's major import water supplier, Metropolitan Water District of
Southern California, face continuing drought conditions; and
WHEREAS, Orange County depends on imported water from Northern California
and the Colorado River to meet approximately half of its supply demand; with the balance of
the county's demand being met by local groundwater via a large basin under north and central
Orange County, smaller basins in south Orange County, and through local water recycling and
water use efficiency; and
WHEREAS, a statewide state of emergency due to drought conditions was declared
by Governor Edmund G. Brown, Jr., effective January 17,2014; and
WHEREAS, On July 15, 2014, the State Water Resources Control Board approved
an emergency regulation to ensure water agencies, their customers and state residents
increase water conservation in urban settings or face possible fines or other enforcement; and
WHEREAS, Metropolitan has declared a Water Supply Alert calling for all cities,
counties, member agencies and retails water agencies to implement extraordinary water use
efficiency measures, adopt and implement local drought ordinances to preserve regional
storage reserves; and
WHEREAS, a reliable minimum supply of potable water is essential to the public
health, safety and welfare of the people and economy of the Southern California region; and
WHEREAS, Southern California is a semi -arid region and is largely dependent upon
imported water supplies. A growing population, climate change, environmental concerns, and
other factors in other parts of the State and western United States, make the region highly
susceptible to water supply reliability issues; and
WHEREAS, throughout the State water reserves are being drawn out of storage from
reservoirs and from underground basins to meet consumer demand for water; and
WHEREAS, Orange County's large north and central groundwater basin is being
drawn down both to lessen the demand on diminished imported supplies and due to the local
drought conditions, which have reduced the amount of Santa Ana River flow water available
to refill the basin; and
WHEREAS, if prolonged drought conditions continue along the Colorado River,
pumping of water though the Bay -Delta is significantly curtailed, and local drought
conditions prevail, mandatory water conservation measures may become necessary; and
WHEREAS, The adoption and enforcement of a water conservation and supply
shortage program is necessary to manage the City's potable water supply in the short and
long -term to avoid or minimize the effects of drought and shortage within the City. Such
program is essential to ensure a reliable and sustainable minimum supply of water for the
public health, safety and welfare.
NOW, THEREFORE, the City Council of the City of Orange does ordain as
follows:
CF.CT1nN T•
Title 7 of the Orange Municipal Code is hereby amended to add Chapter 7.02, entitled
Water Conservation and Water Supply Shortage, and shall read as follows:
7.02.010 Title.
This chapter will be known as the City of Orange Water Conservation and Water
Supply Shortage Program.
7.02.020 Declaration of Purpose and Intent.
In accordance with the California Water Code Sections 350 -375, the City, as water
retail agency, is permitted to adopt and enforce a water conservation program for the purpose
of conserving the available water supply, protecting the integrity of water supply facilities,
and implementing a contingency plan in times of drought, supply reductions, failure of water
distribution system, or emergencies. Particular emphasis is placed on use of domestic
potable) water for human consumption, sanitation, fire protection, welfare and safety of the
public, in addition to minimizing the adverse impacts of water supply shortage, or other
water supply emergency conditions.
California periodically experiences drought conditions that result in limited water
supply throughout the State. In addition, a severe water shortage could develop based upon
the occurrence of an unexpected or sudden disruption on either a temporary or permanent
basis of the supply, storage, or distribution facilities of the Metropolitan Water District of
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Southern California (MWD), other neighboring agencies, or of the City. The City purchases
approximately 35 percent of its water supply from MWD. The remaining water supply is
from groundwater, which is pumped into the distribution system via 16 active wells.
The general welfare of the citizens of Orange requires that the water available to the
City be utilized in a manner which maximizes beneficial use and that the waste and
unreasonable use of water be prevented.
The purpose of this plan is to establish a water conservation and supply shortage
program that will reduce water consumption within the City through conservation, enable
effective water supply planning, assure reasonable and beneficial use of water, prevent waste
of water, and maximize the efficient use of water within the City to avoid and minimize the
effect and hardship of water shortage to the greatest extent possible.
This plan establishes permanent water conservation requirements related to water use
efficiency at all times and further establishes four levels of water supply shortage response
actions to be implemented during times of declared water shortage or declared water shortage
emergency, with increasing restrictions on water use in response to worsening drought or
emergency conditions and decreasing supplies.
7.02.030 Definitions.
The following words and phrases whenever used in this chapter have the meaning
defined in this section:
City" means the City of Orange.
Person" means any natural person or persons, corporation, public or private entity,
governmental agency or institution, or any other user of water provided by the City.
Landscape Irrigation System" means an irrigation system with pipes, hoses, spray
heads, or sprinkling devices that are operated by hand or through an automated system.
Large Landscape Areas" means a lawn, landscape, or other vegetated area, or
combination thereof, equal to more than one (1) acre of irrigable land.
Single Pass Cooling Systems" means equipment where water is circulated only
once to cool equipment before being disposed.
Potable Water" means water which is suitable for drinking.
Recycled Water" means the reclamation and reuse of non - potable water for
beneficial use.
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Billing Unit" means the unit of water used to apply water rates for purposes of
calculating water charges for a person's water usage and equals one hundred (100) cubic feet
or seven hundred forty -eight (748) gallons of water.
7.02.040 Application.
A. This ordinance applies to any person in the use of any potable water provided
by the City.
B. This ordinance does not apply to uses of water necessary to protect public
health and safety or for essential government services, such as police, fire and
other similar emergency services.
C. This ordinance does not apply to the use of water by commercial nurseries and
commercial growers to sustain plants, trees, shrubs, crops or other vegetation
intended for commercial sale.
D. This ordinance is intended solely to further the conservation of water. It is not
intended to implement any provision of Federal, State, or local statutes,
ordinances, or regulations relating to protection of water quality or control of
drainage or runoff. Refer to the local jurisdiction or Regional Water Quality
Control Board for information on any storm water ordinances and storm water
management plans.
7.02.050 General Prohibition.
Water customers of the City shall not use, or permit the use of water in a manner
contrary to any provision of this ordinance or in an amount in excess of that amount
permitted by any curtailment provisions then in effect pursuant to action taken by the
adoption of a resolution of the City Council in accordance with the provisions of this
ordinance.
7.02.055 Permanent Water Conservation Requirements — Prohibition
Against Waste.
The following water conservation requirements are permanently effective upon
adoption of this ordinance. Violations of this ordinance will be subject to those penalties
contained herein.
A. Limits of Watering Hours: Watering or irrigating of lawn, landscape or
other vegetated area with potable water is prohibited between the hours of
9:00 a.m. and 5:00 p.m. Pacific Standard Time on any day, except by use of a
hand -held bucket or similar container, a hand -held hose equipped with a
positive self - closing water shut -off nozzle or device, or for very short periods
of time for the express purpose of adjusting or repairing an irrigation system.
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B. Limit on Watering Duration: Watering or irrigating of lawn, landscape or
other vegetated area with potable water using a landscape irrigation system or
a watering device that is not continuously attended is limited to no more than
fifteen (15) minutes watering per day per station. This subsection does not
apply to landscape irrigation systems that exclusively use very low -flow drip
type irrigation systems when no emitter produces more than two (2) gallons
water per hour, and weather based controllers or stream rotor sprinklers that
meet a 70% efficiency standard.
C. No Excessive Water Flow or Runoff. Watering or irrigating of any lawn,
landscape or other vegetated area in a manner that causes or allows excessive
water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter
or ditch is prohibited
D. No Washing Down Hard or Paved Surfaces: Washing down hard or paved
surfaces, including but not limited to sidewalks, walkways, driveways,
parking areas, tennis courts, patios or alleys, is prohibited except when
necessary to alleviate safety or sanitary hazards, and then only by use of a
hand held bucket or similar container, a hand -held hose equipped with a
positive self - closing water shut -off device or a low- volume, high - pressure
cleaning machine equipped to recycle any water used.
E. Obligation 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 been discovered and corrected and in no event
more than seven (7) days of receiving a notice from the City is prohibited.
F. Re- circulating Water Required for Water Fountains and Decorative
Water Features: Operating a water fountain or other decorative water
feature that does not use re- circulated water is prohibited.
G. No Installation of Single Pass Cooling Systems: Installation of single pass
cooling systems is prohibited in buildings requesting new water service.
H. No Installation of Non -re- circulating in Commercial Car Wash and
Laundry Systems: Installation of non -re- circulating water systems is
prohibited in new commercial conveyor car wash and new commercial
laundry systems.
I. Limits on Washing Vehicles: Using water to wash or clean a vehicle,
including but not limited to any automobile, truck, van, bus, motorcycle, boat
or trailer, whether motorized or not is prohibited, except by use of a hand -held
bucket or similar container or a hand -held hose equipped with a positive self -
closing water shut -off nozzle or device. This subsection does not apply to any
commercial car washing facility.
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7.02.060 Water Conservation Stages.
The Water Shortage Contingency Plan consists of four stages of conservation
measures that are implemented based upon the severity of the drought conditions. The four
stages, beginning with the least severe condition, are:
Level 1— Water Watch -Water Supply Shortage: (mandatory compliance).
Level 2 — Water Alert -Water Supply Shortage: (mandatory compliance).
Level 3 — Water Warning -Water Supply Shortage: (mandatory
compliance).
Level 4 — Water Emergency -Water Supply Shortage Emergency:
mandatory compliance).
7.02.070 Level I -Water Watch -Water Supply Shortage.
A Level 1 Water Watch —Water Supply Shortage exists when the City determines,
in its sole discretion, that due to drought or other water supply reductions, a water supply
shortage exists and a consumer demand reduction is necessary to make more efficient use of
water and appropriately respond to existing water conditions. Upon adoption by resolution
of the City Council declaring a Level 1 Water Watch - Water Supply Shortage condition, and
in addition to the prohibited uses of water identified in Section 7.02.055, the City will
implement the mandatory Level 1 conservation measures which may include, but are not
limited to, the following actions identified in this section:
A. Limits on Watering Days: Watering or irrigating of lawn, landscape or other
vegetated area with potable water is limited to three days per week during the
months of April through October. During the months of November through
March, watering or irrigating of lawn, landscape or other vegetated area with
potable water is limited to no more than two days per week. This provision
does not apply to landscape irrigation zones that exclusively use very low flow
drip type irrigation systems when no emitter produces more than two (2)
gallons of water per hour. This provision also does not apply to watering or
irrigating by use of a hand -held bucket or similar container, a hand -held hose
equipped with a positive self - closing water shut -off nozzle or device, or for
very short periods of time for the express purpose of adjusting or repairing an
irrigation system.
B. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other
malfunctions in the water user's plumbing or distribution system must be
repaired within seventy -two (72) hours of notification by the City unless other
arrangements are made with the City.
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C. Commercial Lodging Establishments Must Provide Option to Not
Launder Linen Daily: Hotels, motels and other commercial lodging
establishments must provide customers the option of not having towels and
linen laundered daily. Commercial lodging establishments must prominently
display notice of this option in each bathroom using clear and easily
understood language.
D. Restaurants Required to Use Water Conserving Dish Wash Spray Valves:
Food preparation establishments, such as restaurants or cafes, are prohibited
from using non -water conserving dish wash spray valves.
E. Drinking Water Served Upon Request Only: Eating or drinking
establishments, including, but not limited to, a restaurant, hotel, cafe, cafeteria,
bar, club or other public place where food or drinks are sold, served, or offered
for sale, are prohibited from providing drinking water to any person unless
expressly requested.
F. Other Prohibited Uses: The City may implement other prohibited water uses
as determined by the Director of Public Works, or his designee, after notice to
customers.
7.02.080 Level II -Water Alert -Water Supply Shortage.
A Level 2 Water Alert - Water Supply Shortage exists when the City determines,
in its sole discretion that due to drought or potable water deficiencies a water supply shortage
exists and a consumer demand reduction is necessary to ensure sufficient supplies will be
available to meet anticipated demands. Upon adoption of resolution by the City Council
declaring a Level 2 Water Alert-Water Supply Shortage condition, and in addition to those
measures already in place, the City may implement those measures identified in Section
7.02.070, as well as the following Level 2 conservation measures identified in this section.
A. Limits on Watering Days: Watering or irrigating of lawn, landscape or other
vegetated area with potable water is limited to two days per week during the
months of April through October. During the months of November through
March, watering or irrigating of lawn, landscape or other vegetated area with
potable water is limited to no more than one day per week. This provision
does not apply to landscape irrigation zones that exclusively use very low
flow drip type irrigation systems when no emitter produces more than two (2)
gallons of water per hour. This provision also does not apply to watering or
irrigating by use of a hand -held bucket or similar container, a hand -held hose
equipped with a positive self - closing water shut -off nozzle or device, or for
very short periods of time for the express purpose of adjusting or repairing an
irrigation system.
B. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or
other malfunctions in the water user's plumbing or distribution system must
be repaired within forty -eight (48) hours of notification by the City unless
other arrangements are made with the City.
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C. Limits on Filling Ornamental Lakes or Ponds: Filling or re- filling
ornamental lakes or ponds is prohibited, except to the extent needed to sustain
aquatic life, provided that such animals are of significant value and have been
actively managed within the water feature prior to declaration of a supply
shortage level under this Ordinance.
D. Limits on Filling Residential Swimming Pools and Spas: Re- filling of
more than one foot and initial filling of residential swimming pools or outdoor
spas with potable water is prohibited.
E. Other Prohibited Uses: The City may implement other prohibited water
uses as determined by the City, after notice to customers.
7.02.090 Level III -Water Warning -Water Supply Shortage.
A Level 3 Water Warning - Water Supply Shortage exists when the City
determines, in its sole discretion that due to drought or potable water deficiencies a water
supply shortage exists and a consumer demand reduction is necessary to ensure sufficient
supplies will be available to meet anticipated demands. Upon the adoption of a resolution by
the City Council of a Level 3 Water Warning - Water Supply Shortage condition, and in
addition to those measures already in place, the City may implement those measures in
Sections 7.02.070 and 7.02.080, as well as the following Level 3 conservation measures
identified in this section.
A. Watering Days: Watering or irrigating of lawn, landscape or other vegetated
area with potable water is limited to one day per week during the months of
April through October. During the months of November through March,
watering or irrigating of lawn, landscape or other vegetated area with potable
water is limited to no more than one day per week. This provision does not
apply to landscape irrigation zones that exclusively use very low flow drip
type irrigation systems when no emitter produces more than two (2) gallons of
water per hour. This provision also does not apply to watering or irrigating by
use of a hand -held bucket or similar container, a hand -held hose equipped
with a positive self - closing water shut -off nozzle or device, or for very short
periods of time for the express purpose of adjusting or repairing an irrigation
system.
B. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or
other malfunctions in the water user's plumbing or distribution system must
be repaired immediately upon notification by the City unless other
arrangements are made with the City.
C. Other Prohibited Uses: The City may implement other prohibited water
uses as determined by the City, after notice to customers.
7.02.100 Level IV -Water Supply Shortage- Emergency Conditions.
A Level 4 Water Supply Shortage is also referred to as an "Emergency" condition.
A Level 4 condition exists when the City adopts a resolution declaring a water shortage
emergency and notifies its residents and businesses that a significant reduction in consumer
demand is necessary to ensure sufficient supplies will be available to meet anticipated
demands. Upon the declaration of a Level 4 Water Supply Shortage- Emergency Condition,
and in addition to those measures already in place, the City may implement those measures in
Sections 7.02.070, 7.02.080, 7.02.090, as well as the following mandatory Level 4
conservation measures identified in this section.
A. No Watering or Irrigating: Watering or irrigating of lawn, landscape or
other vegetated area with potable water is prohibited. This restriction shall
not apply to the following categories of use unless otherwise determined by
the City to ensure public health and safety or for essential government
services, such as, but not limited to, police, fire and other similar emergency
services.
1. Maintenance of existing landscape necessary for fire protection;
2. Maintenance of existing landscape for soil erosion control;
3. Maintenance of plant materials identified to be rare or essential to the well
being of rare animals;
4. Maintenance of landscape within active public parks and playing fields, day
care centers, school grounds, cemeteries, and golf course greens, provided that
such irrigation does not exceed three (3) days per week according to the
schedule established in Section 7.02.080 and time restrictions in Section
7.02.060;
5. Public Works projects and actively irrigated environmental mitigations projects.
B. No New Potable Water Service: Upon declaration of a Level 4 Water
Supply Shortage Emergency Condition, no new potable water service will be
provided, no new temporary meters or permanent meters will be provided, and
no statement of immediate ability to serve or provide potable water service
such as, will serve letters, certificates, or letters of availability) will be issued,
except under the following circumstances:
1. A valid, unexpired building permit has been issued for the project; or
2. The project is necessary to protect the public's health, safety, and welfare, or
3. The applicant provides substantial evidence of an enforceable commitment
that water demands for the project will be offset prior to the provision of a
new water meter(s) to the satisfaction of the City Manager or his designee.
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This provision does not preclude the resetting or turn-on of meters to provide
continuation of water service or the restoration of service that has been
interrupted for a period of one year or less.
C. Discontinue Service: The City, in its sole discretion, may discontinue service
to customers who willfully violate provisions of this Section.
D. Other Prohibited Uses: The City may implement other prohibited water
uses as determined by the City, after notice to customers.
7.02.110 Duration of Stage.
The declaration of any particular stage of water supply condition shall remain in
effect until such time as the City Council adopts a resolution modifying or declaring the stage
over.
7.02.120 Procedures for Determination/Notification of Water Supply
Shortage.
A. Declaration and Notification of Level 1, 2 & 3 Water Supply Shortage:
The existence of Level 1, Level 2 and Level 3 Water Supply Shortage
conditions may be declared by resolution of the City Council adopted at a
regular or special public meeting held in accordance with State law. The
mandatory conservation requirements applicable to Level 1, Level 2 or Level
3 conditions shall take effect on the tenth day after the date the shortage level
is declared. Within five days following the declaration of the shortage level,
the City shall publish a copy of the resolution in a newspaper used for
publication of official notices along with publishing notification via other
selected methods available including; City Website, local cable network, mass
emailing, etc. If the City establishes a water allocation, it shall provide notice
of the allocation by including it in the regular billing statement for fees or
charges for on -going water service.
B. Declaration and Notification of Level 4 Water Supply Shortage: The
existence of a Level 4 Water Supply Shortage Emergency Condition may be
declared in accordance with the procedures specified in Water Code Sections
351 and 352. The mandatory conservation requirements applicable to the
Level 4 conditions shall take effect on the tenth (10) day after the date the
shortage level is declared. Within five (5) days following the declaration of
the shortage level, the City shall publish a copy of the resolution in a
newspaper used for the publication of official notices along with publishing
notification via other selected methods available including; City Website,
Orange Progress, local cable network, mass emailing, etc. If the City
establishes a water allocation, it shall provide notice of the allocation by
including it in the regular billing statement or by any other mailing to the
address to which the City customarily mails the billing statement for fees or
charges for on -going water service.
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7.02.130 Other Provisions.
The City may, at its discretion, elect to include any or all of the following provisions
to any or all of the water conservation stages.
A. Large Landscape Areas — Rain Sensors: Large landscape areas, such as
parks, cemeteries, golf courses, school grounds, and playing fields, that use
landscape irrigation systems to water or irrigate, must use landscape irrigation
systems with rain sensors that automatically shut off such systems during
periods of rain or irrigation timers which automatically use information such
as evapotranspiration sensors to set an efficient water use schedule.
B. Limits of Building Permits: The City may limit or withhold the issuance of
building permits which require new or expanded water service, except to
protect the public health, safety and welfare
C. Water Recycling Required if Alternative Available: The use of potable
water, other than recycled water, is prohibited for specified uses after the City
has provided to the customer an analysis showing that recycled water is a
cost - effective alternative to potable water for such uses and the customer has
had a reasonable time, as determined by the City Manager, to make the
conversion to recycled water.
D. City Conservation Reports: Upon request of the City Manager, City
Departments must prepare and submit quarterly reports on their water
conservation efforts. The reports will be consolidated by the City Manager
and reported to the City Council at a minimum of once a year.
E. Customer Water Conservation Reports: The City may, by written request,
require all commercial, residential and industrial customers using twenty five
thousand (25,000) or more billing units per year to submit a water
conservation plan and to submit quarterly progress reports on such plan. The
conservation plan must include recommendations for increased water savings,
including increased water recycling based on feasibility, and the reports must
include progress to date on implementation of such recommendations.
F. Water Conserving Plumbing Standards
1. Retrofits Upon Sale or Transfer: No structure shall be sold or
transferred unless all existing plumbing fixtures in the structure are
retrofitted exclusively with water - conserving plumbing fixtures.
2. Change in Service: Upon the establishment of new water service or a
change in water service from one person to another non - family
member, all existing plumbing fixtures are required to be retrofitted
exclusively with water - conserving plumbing fixtures.
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G. Reporting Mechanism — Hotline: The City may establish a water waste
hotline for residents to report violations of this Plan.
7.02.140 Waiver.
The City may grant a temporary waiver for existing potable water uses otherwise
prohibited under this plan if it is determined that failure to grant such a waiver would cause
an emergency condition adversely affecting the health, sanitation, and fire protection for the
public or the person requesting such a waiver.
A waiver can also be issued if the applicant can demonstrate that compliance with this
plan cannot be accomplished during the duration of the water supply shortage and that
alternative methods can be implemented which will achieve the same level of reduction in
potable water use.
A waiver may be granted for irrigation systems installed and maintained that meet the
City's Water Efficient Landscapes design criteria contained in Orange Municipal Code
Section 16.50.040.
Persons requesting an exemption from the provisions of this plan shall file a petition
for a waiver with the Public Works Director within 60 days after the plan or a particular
water shortage stage has been invoked. All petitions for waivers shall include the following:
Name and address of the petitioner(s)
Purpose of potable water use
Specific provision(s) of the plan from which the petitioner is requesting relief
Detailed statement as to how the specific provision of the plan adversely affect
the petitioner if complies
Description of relief requested
Period of time for which the waiver is sought
Alternative methods used to achieve the same level of reduction in potable water
use
Waivers granted by the City shall expire at the end of the duration of the water
shortage. New applications for waivers must be filed for each reoccurrence of the water
shortage event.
No waiver shall be retroactive or otherwise justify any violation of this plan occurring
prior to the issuance of the waiver.
7.02.150 Hardship Waiver.
A. Undue and Disproportionate Hardship: If, due to unique circumstances, a
specific requirement of this Ordinance would result in undue hardship to a
person using water or to property upon which water is used, that is
disproportionate to the impacts to water users generally or to similar property
or classes of water users, then the person may apply for a waiver to the
requirements as provided in this Section.
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B. Written Findings: The waiver may be granted or conditionally granted only
upon a written finding of the existence of facts demonstrating an undue
hardship to a person using water or to property upon which water is used, that
is disproportionate to the impacts to water users generally or to similar
property or classes of water use due to specific and unique circumstances of
the user or the user's property.
1. Application: Application for a hardship waiver shall be the same as
described in section 7.02.140 for petition of a waiver with the additional
information as required by this section and shall be accompanied by a non-
refundable processing fee in an amount set by Resolution of the City Council.
2. Supporting Documentation: The application shall be accompanied by
photographs, maps, drawings, and other information, including a written
statement of the applicant.
3. Required Findings for Waiver: An application for a waiver shall be denied
unless the Director of Public Works, or his designee, finds, based in the
information provided in the application, supporting documents, or such
additional information as may be requested, and on water use information for
the property as shown by the records of the City or its Agent, all of the
following:
i. That the waiver does not constitute a grant of special privilege
inconsistent with the limitations upon other residents and businesses;
ii. That because of special circumstances applicable to the property or its
use, the strict application of this ordinance would have a
disproportionate impact on the property or use that exceeds the
impacts to residents and businesses generally;
iii. That the authorizing of such waiver will not be of substantial detriment
to adjacent properties, and will not materially affect the ability of the
City to effectuate the purpose of this Plan and will not be detrimental
to the public interest; and
iv. That the condition or situation of the subject property or the intended
use of the property for which the waiver is sought is not common,
recurrent or general in nature.
4. Approval Authority: The Director of Public Works shall make a
recommendation to the City Manager who shall exercise approval authority
and act upon any completed application no later than twenty (20) days after
submittal and may approve, conditionally approve, or deny the waiver. The
applicant requesting the waiver shall be promptly notified in writing of any
action taken. Unless specified otherwise at the time a waiver is approved, the
waiver applies to the subject property during the term of the mandatory water
supply shortage condition.
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5. Appeals to the City Council: An applicant may appeal a decision or
condition of the City Manager on a waiver application to the City Council
within thirty (30) days of the decision upon written request for a hearing. The
request shall state the grounds for the appeal. At a public meeting, the City
Council shall act as the approval authority and review the appeal de novo by
following the regular waiver procedure. The decision of the City Council is
final.
7.02.160 Enforcement and Administration.
The City Manager and all officers and employees of the City shall enforce all the
provisions of this plan. The City Manager or his/her designee shall implement and
administer this plan.
7.02.170 Penalties and Violations.
A. The various responses to drought or emergencies described in previous
sections are intended to avoid or defer the need for rationing community water
supplies, while preserving some latitude of choice with respect to how much
potable water each individual customer uses. However, in the event of
unreasonable use or waste, the City may impose penalties, in addition to the
financial disincentives described, including the right to shut off supply. If a
person or entity knowingly or intentionally violates the provisions of the plan,
the City Manager may choose to implement one or all of the following
penalties as described below.
B. Civil Penalties: Civil penalties for failure to comply with any provisions of
the Ordinance may be as follows:
1. First Violation: The City may inform and educate on the needs and benefits
of this water ordinance.
2. Second Violation: The City may issue a written warning and deliver a copy
of this Ordinance by mail.
3. Third Violation: A third violation within the preceding twelve (12) calendar
months may be punishable by a fine not to exceed one hundred dollars
100.00).
4. Fourth and Subsequent Violations: A fourth violation within the preceding
twelve (12) calendar months may be punishable by a fine not to exceed two
hundred and fifty dollars ($250.00).
5. Fifth and Subsequent Violations: A fifth and subsequent violation may be
punishable by a fine not to exceed five hundred dollars ($500.00).
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i. Water Flow Restrictor: In addition to any fines, the City may install
a water flow restrictor device of approximately one gallon per minute
capacity for services up to one and one -half inch size and
comparatively sized restrictors for larger services after written notice
of intent to install a flow restrictor.
ii. Termination of Service: In addition to any fines and the installation
of a water flow restrictor, the City may disconnect and/or terminate a
customer's water service.
C. Cost of Flow Restrictor and Disconnecting Service: Any person who
violates this Ordinance is responsible for payment of the City's charges for
installing and/or removing any flow restricting device and for disconnecting
and/or reconnecting service per the City's schedule of charges then in effect.
The charge for installing and/or removing any flow restricting device shall be
paid to the City before the device is removed. Non - payment shall be subject
to the same remedies as non - payment of basic water rates.
D. Separate Offenses: Each day that a violation of this Ordinance occurs is a
separate offence.
E. Notice and Hearing:
1. The City may issue a Notice of Violation by mail or by personal delivery at
least fifteen (15) days before taking enforcement action and said notice shall
describe the action to be taken. A customer may appeal the Notice of
Violation by filing a written notice of appeal with the City no later than the
close of business on the day before the date scheduled for enforcement action..
Any Notice of Violation not timely appealed shall be final. Upon receipt of a
timely appeal, a hearing on the appeal shall be scheduled in a timely manner,
and the City shall mail written notice of the hearing to the customer at. least
fifteen (15) days before the date of the said hearing.
2. Pending receipt of a written appeal or pending a hearing pursuant to an appeal,
the City may take appropriate steps to prevent the unauthorized use of water
as appropriate to the nature and extent of the violations and the current
declared water level condition.
F. Tiered Rate Penalty: The City Council may, at their discretion, have the
option to impose a tiered rate system that will provide for charges and
penalties for higher consumption of water to customers who violate the
requirements stated herein. The highest tier rate shall apply to the entire water
bill commodity charge.
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SECTION II:
Should any section, subsection, clause, or provision of this Ordinance for any reason
be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect
the validity or constitutionality of the remaining portions of this Ordinance; it being hereby
expressly declared that this Ordinance, and each section, subsection, sentence, clause and
phrase hereof would have been prepared, proposed, approved and ratified irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid or unconstitutional.
SECTION III:
A summary of this Ordinance shall be published and a certified copy of the full text
of this Ordinance shall be posted in the Office of the City Clerk at least fifteen (15) days
prior to the City Council meeting at which this Ordinance is to be adopted. A summary of
this Ordinance shall also be published once within fifteen (15) days after its passage in a
newspaper of general circulation in the City of Orange. The City Clerk shall post in the
Office of the City Clerk a certified copy of the full text of the adopted Ordinance along with
the names of those City Council members voting for and against the Ordinance in accordance
with Government Code Section 36933.
ADOPTED this 14 day of October, 2014.
VcZaJ 9.
Teresa . Smith, Mayor, City of Orange
ATTEST:
Mary E. M h , City Clerk, Ci+a Orange
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 9 day of September, 2014, and thereafter at the regular meeting of saidCityCouncildulyheldonthe14dayofOctober, 2014, was duly passed and adopted by the
following vote, to wit:
AYES:COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy, Bilodeau
NOES:COUNCILMEMBERS: None
ABSENT:COUNCILMEMBERS: None
ABSTAIN:COUNCILMEMBERS: None
Mary E. Mu ity Clerk, Ci range
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