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HomeMy WebLinkAbout2036 ORDINANCE NO. 2036 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING AND ADDING VARIOUS SECTIONS TO ARTICLE VII, DIVISION 3, PART 5, CHAPTER 5 OF THE ARCADIA MUNICIPAL CODE, ADDING PHASES VI, VII, VIII AND ESTABLISHING A WATER BANKING PROGRAM AS PART OF THE MANDATORY WATER CONSERVATION PLAN THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS: SECTION 1. Section 7553.7.6 as it currently reads is hereby renumbered to be 7553.7.9. SECTION 2. That Sections 7553.7.6, 7553.7.6.1, 7553.7.7, 7553.7.7.1, 7553.7.8, 7553.7.8.1 and Section 7553.9.2 are hereby added to read as follows: 7553.7.6 PHASE VI. PROHIBITED USES APPLICABLE TO ALL CUSTOMERS. No use of water may be made contrary to the provisions of Section 7553.7.1. 7553.7.6.1. PHASE VI. CUSTOMER PERCENTAGE CURTAILMENT. No customer shall make, cause, use or permit the use of water from the Water Division for any purpose in an amount in excess of seventy percent (70%) of the amount used during the base period as defined in this Ordinance. 7553.7.7 PHASE VII. PROHIBITED USES APPLICABLE TO ALL CUSTOMERS. No use of water may be made contrary to the provisions of Section 7553.7.1. 7553.7.7.1 PHASE VII. CUSTOMER PERCENTAGE CURTAILMENT. No customer shall make, cause, use or permit the use of water from the Water Division for any purpose in an amount in excess of sixty percent (60%) of the amount used during the base period as defined in this Ordinance. 7553.7.8 PHASE VIII. PROHIBITED USES APPLICABLE TO ALL CUSTOMERS. No use of water may be made contrary to the provisions of section 7553.7.1. 7553.7.8.1 PHASE VIII. CUSTOMER PERCENTAGE CURTAILMENT. No customer shall make, cause, use or permit the use of water from the Water Division for any purpose in an amount in excess of fifty percent (50%) of the amount used during the base period as defined in this Ordinance. 7553.9.2 CREDITS TOWARD WATER UNITS USED IN EXCESS OF ALLOTMENT (WATER BANKING PROGRAM). During Phases II through VIII of the Mandatory Water Conservation Plan, a customer whose water use is below the allotment for that billing period may carry forward this underused amount of water as credit to a future billing period ("banking"). This underused amount of water may offset the use of water in excess of the allotment in a succeeding billing period or periods when a penalty would have been charged for overuse of water. When a customer has exhausted all credits, penalties as outlined in Sections 7553.9.1, 7553.9.1.1 and 7553.9.1. 2 shall apply to water units used in excess of the allotment. Every time Phases II through VIII of the Mandatory Water Conservation Plan are rescinded by Resolution of the City Council, all credits in the bank will be returned to zero and will not be carried over from one period of mandatory conservation to another. 2 SECTION 3. That section 7553.9 is hereby amended by amending sections 7553.9.1, 7553.9.1.1 and 7553.9.1.2 of the Arcadia Municipal Code to read as follows: 7553.9.1 FAILURE TO COMPLY. FIRST VIOLATION. For the first violation by any customer of the Water Division of any of the provisions of subsections 7553.7.2, 7553.7.3, 7553.7.4, 7553.7.5, 7553.7.6, 7553.7.7, and 7553.7.8, a surcharge penalty, in addition to the current water rate, is hereby imposed in an amount equal to two times the current water rate for those billing units used in excess of base. 7553.9.1.2 FAILURE TO COMPLY. SECOND VIOLATION. For the second violation by any customer of the Water Division of any of the provisions of subsections 7553.7.2, 7553.7.3, 7553.7.4, 7553.7.5, 7553.7.6, 7553.7.7, and 7553.7.8, a surcharge penalty, in addition to the current water rate, is hereby imposed in an amount equal to three times the current water rate for those billing units used in excess of base. 7553.9.1.3 FAILURE TO COMPLY. THIRD VIOLATION. For the third violation by any customer of the Water Division of any of the provisions of subsections 7553.7.2, 7553.7.3, 7553.7.4, 7553.7.5, 7553.7.6, 7553.7.7, and 7553.7.8, a surcharge penalty, in addition to the current water rate, is hereby imposed in an amount equal to four times the current water rate for those billing units used in excess of base. SECTION 4. That the City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days upon its adoption. 3 Passed, approved and adopted this 4th day of April, 1995. ~#2 Mayor e ty 0 rcadia ATTEST: Arcadia APPROVED AS TO FORM: ~~H Jrl~ Michael H. Miller City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, city Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 2036 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the city Clerk at a regular meeting of said Council held on the 4th day of April, 1995 and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Chang, Kuhn, Lojeski, Margett and Young NOES: None ABSENT: None Arcadia 4