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HomeMy WebLinkAbout1598 AN ORDINANCE OF THE CITY OF ARCADI^ ADDING DIVISION 3 TO PART 5, CHAPTER 5, ARTICLE VII OF THE ARCADIA MUNICIPAL CODE, ESTABLISHING A WATER CONSERVATION PLAN FOR THE CITY OF ARCADIA THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION 1. The Arcadia Municipal Code is hereby amended by adding Division 3 to Part 5, Chapter 5, Article VII of the Arcadia Municipal Code to read as follows: ARTICLE VII. PUBLIC WORKS CHAPTER 5. WATER RATES, SERVICE CHARGES AND REGULATIONS PART 5. REGULATIONS DIVISION .3. WATER CONSERVATION PLAN 7553. SCOPE. There is hereby established a City of Arcadia Water Conservation Plan. 7553.1 DECLARATION OF POLICY. It is hereby declared that, because of the conditions prevailing in the City of Arcadia and in the areas of this State and elsewhere from which the City ob- tains its water supplies, the general welfare requires that the water resources available to the City be put to the maximum beneficial use to the extent to which they are capable, and that the waste or un- reasonable use or unreasonable method of use of water be prevented, and the conservation of such waters is to be exercised with a view to the reasonable and beneficial use thereof in the interests of the people of the City and for the public welfare. 7553.2 DECLARATION OF URGENCY. The Council of the City of Arcadia hereby finds and declares that there exists within this City a water shortage emergency condition and that, as a result, there is an urgent necessity to take legislative action through the exercise of the police power to protect the public peace, health and safety of this City from a public disaster or calamity. 7553.3 DECLARATION OF PURPOSE. The purpose of this Division is to provide a mandatory water conservation plan to minimize the effect of a shortage of water to the customers of the City and, by means of this Division, to adopt provisions that will significantly reduce the consumption of water over an extended period of time, thereby extending the available water required for the customers of / -1- 1598 the City while reducing the hardship of the City and the general public to the greatest extent possible. 7553.4 DEFINITIONS. The following words and phrases, whenever used in this Division, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined within indi- vidual sections of this Division: 7553.4.1 "Customer" means any person, persons, associa- tion, corporation or governmental agency supplied or entitled to be supplied with water service by the Department. 7553.4.2 "Process Water" means water used to manufacture, alter, convert, clean, heat, or cool a product, or the equipment used for such purpose; water used for plant and equipment washing and for transporting the raw materials and products; and water used to grow trees or plants for sale or installation. 7553.4.3 "Base Period" means that period of time over which the base is computed. 7553.4.4 "Base". means the amount of water used on a customer's premises during the corresponding billing period in 1976. Any customer who was not a customer on the premises for which service was billed by the Department during the base period shall be assigned the same base for such or similar premises as pro- vided above, and the Department shall have the further discretion to adjust such base in the event such customer's use of the premises is substantially different from the previous use thereof during the base period. 7553.4.5 "Billing Unit" means the unit amount of water used to apply water rates for purposes of calculating commodity charges for customer water usage and equals one hundred (100) cubic feet or seven hundred forty-eight (748) gallons of water. 7553.5 AUTHORIZATION. The various officers, boards, departments, bureaus and agencies of the City are hereby authorized and directed to immediately implement the applicable provisions of this Division upon the effective date hereof. -2- 1598 7553.6 APPLICATION. The provisions of this Division shall apply to all customers and property served by the Department wherever situated, and shall also apply to all property and facili- ties owned, maintained, operated or under the jurisdiction of the various officers, boards, departments, bureaus or agencies of the City. 7553.7 WATER CONSERVATION PHASES. No customer of the Department shall make, cause, use, or permit the use of water from the Department for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any pro- vision of this Division or in an amount in excess of that use permitted by the conservation phase then in effect pursuant to action taken by the Mayor and the Council in accordance with the provisions of this Division. 7553.7.1 PHASE 1. PROHIBITED USES APPLICABLE TO ALL (a) There shall be no hose washing of sidewalks, walkways, or parking areas, except that flammable or other dangerous may be disposed of by direct hose flushing for the benefit of public health and safety. (b) No water shall be used to levels in decorative fountains unless such CUSTOMERS : driveways, substances clean, fill or maintain water is part of a recycling system. (c) No restaurant, hotel, cafe, cafeteria or other public place where food is sold, served or offered for sale, shall serve drinking water to any customer unless expressly requested. (d) No customer of the Department shall permit water to leak from any facility on his premises; failure to effect a timely repair of any leak shall subject said customer to all penalties pro- vided herein for waste of water. (e) No la\m, landscape, or other turf areas shall be watered or irrigated between the hours of 10:00 a.m. and 4:00 p.m. 7553.7.2 PHASE II. PROHIBITED USES APPLICABLE TO ALL CUSTOMERS. No use of water may be made contrary to the provisions of subsection 7553.7.1 -3- 1598 7553.7.2.1 SAME. CUSTOMER PERCENTAGE CURTAILMENT. No customer shall make, cause, use or permit the use of water from the Department for any purpose in an amount in excess of ninety percent (90%) of the amount used during the base period as defined in this Division. 7553.7.3 PHASE III. PROHIBITED USES APPLICABLE TO ALL CUSTOMERS. No use of water may be made contrary to the provisions of subsection 7553.7.1. 7553.7.3.1 SAME. CUSTOMER PERCENTAGE CURTAILMENT. No customer shall make, cause, use or permit the use of water from the Department for any purpose in an amount in excess of eighty-five percent (85%) of the amount used during the base period as defined in this Division, except that process water may be used to the ex- tent of ninety percent (90%) of the base period. 7553.7.4 PHASE IV. PROHIBITED USES APPLICABLE TO ALL CUSTOMERS. No use of water may be made contrary to the provisions of subsection 7553.7.1. 7553.7.4.1 SAME. CUSTOMER PERCENTAGE CURTAILMENT. No customer shall make, cause, use or permit the use of water from the Department for any purpose in an amount in excess of eighty percent (80%) of the amount used during the base period as defined in this Division, except that process water may be used to the extent of ninety percent (90%) of the base period. 7553.7.5 PHASE V. PROHIBITED USES APPLICABLE TO ALL CUSTOMERS. No use of water may be made contrary to the provisions of subsection 7553.7.1. 7553.7.5.1 SAME. CUSTOMER PERCENTAGE CURTAILMENT. No customer shall make, cause, use or permit the use of water from the Department for any purpose in an amount in excess of seventy-five percent (75%) of the amount used during the base period as defined in this Division, except that process water may be used to the ex- tent of eighty-five percent (85%) of the base period. 7553.7.6 EXCEPTION. The prohibited uses of water from the Department provided for by subsection 7553.7.1 of this Division are not applicable to that use of water necessary for public health and -4- 1598 safety or for essential governmental services such as police, fire, and other similar emergency services. 7553.8 CONSERVATION PHASE IMPLEMENTATION. PHASE CHANGE INITIATION. The Department shall monitor and evaluate the projected supply and demand for water by its customers monthly, and shall recommend to the Mayor the extent of the conservation required by the customers of the Department in order for the Department to prudently plan for and supply water to its customers. The Mayor shall, in turn, notify and recommend to the Council the appropriate phase of water conservation to be implemented. Thereafter, the Mayor may, with the concurrence of the Council, order that the appropriate phase of water conservation be implemented in accordance with the applicable provisions of this Division. Said order shall be made by public proclamation and shall be published one time only in a daily newspaper of general circulation and shall become effective imme- diately upon such publication. The customer percentage curtailment provisions shall take effect with the first full billing period com- mencing on or after the effective date of the public proclamation by the Mayor. 7553.8.1 SNfE. EXCEPTIONS. Nothing contained in this Division shall be deemed to require any customer of the Department to reduce his consumption of water provided by the Deparbment to an amount less than twenty (20) billing units bi-monthly at each meter during any billing period. 7553.9. APPLICATION OF SURPLUS REDUCTION. Notwithstanding any other provision of this Division, any reduction in the use of water by any customer during any current billing period in excess of the amount required by Section 7553.7 and its subsections shall be applied as follows: 7553.9.1 SAME. BI-MONTHLY CUSTOMERS. Said surplus re- duction shall be applied to that customer's consumption for the next billing period. Any surplus reduction remaining after the application of the rule provided immediately above shall be applied to offset any excessive use of water by that customer during the next billing period. Such carry-forward of the surplus reduction -5- 1598 shall operate only as an offset to excessive usage and shall not be applied to any use of water at or below the customer's allovlable maximum consumption thereof. 7553.10. FAILURE TO COMPLY. PENALTIES. It shall be unlawful for any customer to fail to comply with any of the provi- sions of this Division. Notwithstanding any other provision of the Arcadia Municipal Code, the penalties set forth herein shall be exclusive and not cumulative with any other penalty prescribed in any other section of this Code. The penalties for failure to comply with any of the provisions of this Division shall be as follows: 7553.10.1 SM1E. PROHIBITED USES, FIRST VIOLATION. For the first violation by any customer of the Department of any of the provisions of subsections 7553.7.1, 7553.7.2, 7553.7.3, 7553.7.4, and 7553.7.5, the Department shall issue a written notice of the fact of such violation to the customer. 7553.10.1.1 S~lli. SAME. SECOND VIOLATION. For a second violation by any customer of the Department of any of the provisions of Subsections 7553.7.1, 7553.7.2, 7553.7.3, 7553.7.4, and 7553.7.5 within the preceding twelve (12) calendar months, the Department shall issue a written notice of the fact of such second violation to the customer. 7553.10.2 SAME. THREE VIOLATIONS. Three violations or more by any customer of the Department of any of the provisions of Section 7553.7 or its subsections within the preceding twelve (12) calendar months, the Department shall install a flow restricting device of 1 GPM capacity for services up to one and one-half (1-1/2) inch size, and comparatively sized restrictors for larger services, on the service of the customer at the premises at which the viola-- tion occurred for a period of not less than forty-eight (48) hours. The charge for installing a flow restricting device shall be twenty-five dollars ($25.00). The charge for removal of the flow restricting device and restoration of normal service shall be twenty- five dollars ($25.00) if restoration of normal service is performed -6- 1598 during the hours of 7:00 a.m. to 3:30 p.m. on regular working days. If the removal of the flow restricting device and restoration of normal service is made after regular working hours, on holidays or weekends, the restoration service charge shall be forty dollars ($40.00) . 7553.10.3 SAME. EXCEEDING USAGE LIMITATION. For any violation by any customer of the Department of any of the provisions of subsections 7553.7.2.1, 7553.7.3.1, 7553.7.4.1 and 7553.7.5.1 within the preceding twelve (12) calendar months, a surcharge penalty is hereby imposed in an amount equal to fifteen percent (15%) of the water bill plus an additional one dollar ($1.00) for each billing unit in excess of the percentage usage of water permitted by the particular conservation phase in which the violation occurred. 7553.11. SAME. NOTICE. The Department shall give notice of each violation to the customer committing such violation as follows: 1. For a first violation of the provisions of Section 7553.7, written notice thereof may be given to the customer per- sonally or by regular mail. 2. For a second violation of the provisions of Section 7553.7, the Department shall serve notice of the fact of such second violation in the following manner: (a) By giving written notice thereof to the customer personally; or (b) If he be absent from his place of residence and from his assumed place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the United States mail addressed to the customer at either his place of business or residence; or (c) If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there cannot be found, then by affixing a copy in a conspicuous place on the property where the failure to comply is occurring and also by de- livering a copy to a person there residing, if such person can be found, and also sending a copy through the United States mail -7- 1598 addressed to the customer at the place where the property is situated. Said notice shall contain, in addition to the facts of the violation, a statement of the possible penalties for each violation and a statement informing the customer of his right to a hearing on the violation. 7553.12. SAME. HEARING. Any customer against whom a penalty is levied pursuant to this section shall have a right to a hearing, in the first instance by the Department with the right of appeal to the City Council, on the merits of the alleged viola- tion upon the written request of that customer within fifteen days of the date of notification of the violation. 7553.13. SAME. RESERVATION OF RIGHTS. The rights of the Department hereunder shall be cumulative to any other right of the Department to discontinue service. All monies collected by the Department pursuant to any of the penalty provisions of this Divi- sion shall be deposited in the Water Revenue Fund as reimbursement for the Department's costs and expenses of administering and en- forcing this Division. 7553.14.1 RELIEF FROM COMPLIANCE. ADMINISTRATIVE RELIEF. Any customer who is dissatisfied with the application of any of the provisions of this Division as the same relate to him, may seek relief by making application in writing for a hearing to the Depart- ment with right of appeal to the City Council. The Department shall have the power, upon the filing by a customer of an application for relief as herein provided, to take such steps as it deems reasonable and to set up such procedures as it considers necessary to resolve said application for relief. In determining whether relief shall be granted, the Department, and on appeal the City Council, shall take into consideration all relevant factors including, but not limited to: 1. Whether any additional reduction in water consumption will result in unemployment; 2. Whether additional members have been added to the household; -8- 1598 3. Whether any additional landscaped property has been added to the 1976-based property; 4. Changes in vacancy factors in multi-family housing; 5. Increased number of employees in commercial,indus- trial, and governmental offices; 6. Increased production requiring increased process water; 7. Water uses during new construction; 8. Adjustments to water use caused by emergency health or safety hazards; 9. First filling of a permit-constructed swimming pool; 10. Water use necessary for reasons related to family illness or health. No relief shall be granted to any customer for any reason in the absence of a showing by the customer that he has achieved the maximum practical reduction in water consumption in his resi- dential, commercial, industrial, agricultural or governmental water consumption, as the case may be, other than in the specific area in which relief is being sought. No relief shall be granted to any customer who, when requested by the Department, fails to provide the Department with information whereby the services provided to him can be classified for the purpose of establishing an appropriate base or classification pursuant to the provisions of this Chapter. If an action on the application for relief is mutually agreed upon between the Department and the customer, the agreement shall be in writing and signed by the customer, and no appeal on said appli- cation may be made by the customer. 7553.14.2 SAME. BASE ADJUSTMENT. The Department, in its discretion, may adjust the base assigned to any customer. 7553.14.3 SAME. APPEAL PROCEDURE. The filing by a customer of an application for a hearing before the City Council for any form of relief must be made within fifteen (15) days of the Departmental action complained of. This shall automatically stay the implementation of the proposed course of action by the Department pending the decision of the City Council. No other or -9- 1598 further stay shall be granted by the Department. 7553.14.4 SAME. WILLFUL MISREPRESENTATION. Notwithstand- ing any other provision of law, and in addition thereto, and not in lieu thereof, any willful misrepresentation of a material fact by any person to the Department or to the City Council, made for' the purpose of securing relief from the provisions of this Division for any customer, is unlawful; and a violation of this subsection shall be punishable by a fine not exceeding the sum of five hundred dollars ($500), or by imprisonment in the county jail for a period not to exceed six (6) months, or by both such fine and imprisonment. 7553.15.1 GENERAL PROVISIONS. ENFORCEMENT. The Depart- ment shall enforce the provisions of this Division. 7553.15.2 SAME. DEPARTMENT TO GIVE EFFECT TO LEGISLATIVE INTENT. The Department shall provide water to its customers in accordance with the provisions of this Division, and in a manner reasonably calculated to effectuate the intent hereof. 7553.15.3 SAME. REDUCTION IN WATER SUPPLIED. If any customer fails to comply with any provision of this Division, the Department may reduce the amount of water provided to that customer to the level which that customer would be using said water if he were complying with the provisions of this Division. The provisions of this subsection shall be applied in lieu of, or in addition to, any other penalties provided in this Chapter, in the discretion of the Department, and shall be applied without regard to the status or nature of the customer. 7553.15.4 SAME. PUBLIC HEALTH AND SAFETY NOT TO BE AFFECTED. Nothing contained in this Division shall be construed to require the Department to curtail the supply of water to any customer when, in the discretion of the Department or the City council, such water is required by that customer to maintain an adequate level of public health and safety. 7553.15.5 SAME. REPORTS. At the written request of the Water Manager, all commercial and industrial customers of the Department using 25,000 billing units per year or more shall submit a water conservation plan to the Department on a form and with a content approved by the Water Manager. These users shall there- after submit quarterly reports to the Department on the progress -10- 1598 of their conservation plans. 7553.16. ENVIRONMENT. This Division and the actions hereafter taken pursuant thereto are exempt from the provisions of the California Environmental Quality Act of 1970 as a project undertaken as immediate action necessary to prevent or mitigate an emergency pursuant to Section 15071 (c) of the State EIR Guidelines. SECTION 2. In addition to the penalties provided in this Ordinance, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of compe- tent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 4. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution 'for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. -11- 1598 SECTION 5. The Clerk of the Council shall certify to the pass?ge and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. PASSED AND ADOPTED by the City Council of the City of Arcadia at its regular meeting held on the 21stday of June, 1977. SIGNED AND APPROVED this 2lstday of June, 1977. ATTEST: ~ I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, California, held on the 21stday of June, 1977, by the affirmative vote .of at least three Council members, to wit: AYES: Council Members Margett, Lauber, Parry & Saelid NOES: None ABSENT: Councilman Gilb ~Jl'Jt CITY CLERK OF THE CITY OF ARCADIA -12- 1598