§ 14.02

A.

Declaration of Policy. This chapter establishes water management requirements necessary to conserve water, promote effective water supply planning, assure reasonable and beneficial water use, prevent the waste of water, and prevent the unreasonable use of water and unreasonable water use practices. Recognizing that water is an increasingly scarce natural resource that requires careful management, especially in times of drought, the city hereby pursues the objectives set forth under this subsection in order to assure adequate supplies of water to meet the needs of the public, and to safeguard the public health, safety and welfare.

B.

Authorization. This chapter establishes water conservation measures to be applied citywide pursuant to the authority granted to the city under 23 CFR § 864 as well as separate water measures to be applied specifically to El Monte Water Department customers during times of declared water shortages, or declared water emergencies. As to the conservations measures to be applied to El Monte Water Department customers, this chapter establishes an escalating set of drought response actions to be implemented in times of shortage, with increasing restrictions on water use in response to worsening drought conditions and decreasing available supplies.

C.

Application. As set forth under this chapter, certain provisions of this chapter shall apply to all persons within the city of El Monte while others shall apply only to persons who are customers of the El Monte Water Department or property using water provided by the El Monte Water Department wherever situated."

D.

Presumption. For purposes of this title, it shall be presumed that a person in whose name the El Monte Water Department is, or has last been, billed or who is receiving the economic benefit of the water supply has knowingly made, caused, used or permitted the use of water received from the city for a purpose in a manner contrary to any provision of this chapter.

(Ord. No. 2738, § 4, 3-17-2009; Ord. No. 2845, §§ 1, 2, 10-14-2014)

14.02.015 - Water usage prohibitions applying to all persons.

A.

The water conservation requirements under this Section 14.02.015 shall apply to all persons within the city of El Monte.

B.

To promote water conservation, each of the following actions is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by any state or federal governmental agency:

1.

The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;

2.

The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use;

3.

The application of potable water to driveways and sidewalks;

4.

The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system;

5.

The application of potable water to outdoor landscapes during and up to forty-eight (48) hours after measurable rainfall; and

The serving of drinking water other than upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased.

C.

Violations of this Section 14.02.015 may result in the imposition of fines or other penalties pursuant to Section 14.02.085 (penalties for violation of water usage prohibitions under Section 14.02.015) below.

(Ord. No. 2845, § 3, 10-14-2014; Ord. No. 2861, § 2, 8-4-2015)

14.02.020 - Stage 1—Drought preparedness conditions.

A.

During Stage 1 voluntary drought preparedness conditions, all water customers of the El Monte Water Department as well as all other persons using water provided by the same shall be encouraged by the city to adhere to the following voluntary water conservation measures as applicable:

1.

Automated sprinklers, automated drip irrigation systems and other automated irrigation systems and devices shall be adjusted and maintained to avoid overspray, runoff and/or waste. For purposes of this chapter, the phrase "other automated irrigation systems and devices" includes, but is not limited to, a garden hose or drip irrigation hose that is not being held in a persons hand during the irrigation process but which is nevertheless connected to an open water spigot and is being used to disburse potable water; and

2.

Avoid watering in the hot part of the day and/or during morning and evening peak hours, and avoid watering on windy days; and

3.

Install new landscaping, low-water using trees, plants and shrubs and install efficient irrigation systems; and

4.

Install pool and spa covers to minimize water loss due to evaporation and keep pools and spas with covers covered when not in use; and

5.

Retrofit indoor plumbing fixtures with low flow devices; and

6.

Refrain from washing sidewalks, walkways, driveways, public and private parking areas and all other impervious hard surfaced areas by direct hosing when runoff water directly flows to a gutter or storm drain,

except as may be necessary to properly dispose of flammable or other dangerous liquids or substances, wash away spills that present a trip and fall hazard, or to prevent or eliminate materials dangerous to the public health and safety (nothing in this subsection shall be interpreted to relieve property owners or their tenants of the obligation to keep sidewalks and parkways abutting the subject property in a clean condition, free of solid waste or other refuse or debris); and

7.

Check faucets, toilets, and pipes, both indoor and outdoor for leaks and repair immediately.

(Ord. No. 2738, § 4, 3-17-2009; Ord. No. 2861, § 3, 8-4-2015)

14.02.030 - Stage 2—Drought watch conditions—Emerging shortage stage.

A.

During Stage 2 drought watch conditions, all water customers of the El Monte Water Department as well as all other persons using water provided by the city shall comply with the following mandatory conservation measures:

1.

Refrain from washing of sidewalks, walkways, driveways, public and private parking areas and all other impervious hard surfaced areas by direct hosing when runoff water directly flows to a gutter or storm drain, except as may be necessary to properly dispose of flammable or other dangerous liquids or substances, wash away spills that present a trip and fall hazard, or to prevent or eliminate materials dangerous to the public health and safety (nothing in this subsection shall be interpreted to relieve property owners or their tenants of the obligation to keep sidewalks and parkways abutting the subject property in a clean condition, free of solid waste or other refuse or debris); and

2.

Stop water waste resulting from inefficient landscape irrigation practices, such as allowing excessive or unreasonable runoff, low head drainage or unreasonable over-spraying, etc. Similarly, stop water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures. Every customer is deemed to have his or her water system under control at all times, to know the manner and extent of this water use and any runoff, and to employ available alternatives to apply irrigation water in a reasonably efficient manner; and

3.

Repair breaks and leaks within a customer's plumbing or private water distribution system to prevent the escape of water within seventy-two (72) hours after the customer discovers such a break or leak or receives notice from the city of a break or leak unless other arrangements are made with the Public Works Maintenance Superintendant;

4.

In no event may landscaped areas be irrigated through the use of automated sprinklers, automated drip irrigation systems or other automated irrigation systems and devices, between the hours of 6:00 a.m. and 8:00 p.m. All persons are encouraged to avoid the use of such automated irrigation systems and devices on windy days. Except as otherwise prohibited under Section 14.02.015 of this chapter, manual irrigation by hand-held garden hose or by hand held bucket or other similar container containing potable water shall be permitted any time. In no event may any water used for irrigation purposes described in this subsection be permitted or undertaken in such a fashion as to cause water to run off into storm drains or onto streets, sidewalks, paved walkways, driveways, public or private parking areas or other impervious hard surface areas.

5.

The washing of automobiles, trucks, trailers, boats, airplanes, and other types of equipment (mobile or otherwise) shall be prohibited unless done with a hand-held bucket or hand-held hose equipped with a positive shutoff nozzle for quick rinses. The nozzle shall be removed when the hose is not in use to ensure the water supply is shutoff. This subsection shall not apply to the washing of the above-listed vehicles or mobile equipment when conducted upon the premises of a commercial carwash; and

6.

Eating and drinking establishments of all kind including, but not limited to, any restaurant, hotel, cafe, cafeteria, bar or club, whether public or private, shall not provide drinking water to any person unless it is expressly requested; and

7.

Guests in hotels, motels, and other commercial lodging establishments shall be offered the option of not laundering towels and linens daily.

B.

Exceptions. None of these restrictions shall apply to the following:

1.

The routine and necessary use of water, other than for landscape irrigation, by a governmental entity in pursuit of its governmental functions for the benefit of the public, such as construction projects and for the cleaning of streets to prevent debris and harmful substances from entering water systems via storm drains; and

2.

The reasonably necessary use of water for the routine maintenance and/or repair of (i) water distribution facilities; (ii) residential and commercial plumbing; or (iii) permanently installed landscaped irrigation systems.

(Ord. No. 2738, § 4, 3-17-2009; Ord. No. 2845, § 4, 10-14-2014; Ord. No. 2861, § 4, 8-4-2015)

14.02.040 - Stage 3—Drought alert conditions—Moderate shortage stage.

A.

During Stage 3 drought alert conditions, all water customers of the El Monte Water Department as well as all other persons using water provided by the city shall comply with the mandatory conservation measures set forth under this section in addition to those measures required under Stage 2 conditions, except to the extent such Stage 2 measures conflict with the measures set forth under this section. The additional Stage 3 conservation measures shall include the following:

1.

a.

Outdoor irrigation of landscaped areas by automated sprinklers, automated drip irrigation systems or other automated irrigation systems or devices shall be permitted as follows: (i) on even days of each month for those properties having a street address with an even last digit; and (ii) on odd days for each month for those properties having a street address with an odd last digit. In the event a street address ends in a digit which is a fraction, the street address will be considered an even address if the last whole digit in the address is an even number and the street address will be considered an odd address if the last whole digit in the address is an odd number. If two (2) or more properties with both even and odd numbered street

street address with an odd last digit. In the event a street address ends in a digit which is a fraction, the street address will be considered an even address if the last whole digit in the address is an even number and the street address will be considered an odd address if the last whole digit in the address is an odd number. If two (2) or more properties with both even and odd numbered street

addresses share one or more landscaped areas in common, such common landscaped areas may be irrigated on either an even or odd day of the week but in no event may such landscaped areas be irrigated for two (2) consecutive days in a row.

b.

Except as otherwise prohibited under Section 14.02.015 of this chapter, manual irrigation by hand-held garden hose or by hand held bucket or other similar container containing potable water shall be permitted on any day, subject to the hourly restrictions of paragraph c. of this subsection, below. In no event may any water used for irrigation purposes described in this subsection be permitted or undertaken in such a fashion as to cause water to run off into storm drains or onto streets, sidewalks, paved walkways, driveways, public or private parking areas or other impervious hard surface areas.

c.

Paragraphs a. and b. of this subsection notwithstanding, in no event may landscaped areas be irrigated, whether manually or through the use of automated irrigation systems or devices, between the hours of 6:00 a.m. and 8:00 p.m. In no event may any water used for irrigation purposes described in this subsection be permitted or undertaken in such a fashion as to cause water to run off into storm drains or onto sidewalks, paved walkways, driveways, public or private parking areas or other impervious hard surface areas.

2.

Washing of Vehicles, Trailers, Boats, Airplanes and Mobile Equipment.

a.

The washing of automobiles, trucks, trailers, boats, airplanes and other types of equipment (mobile or otherwise) shall be prohibited between the hours of twelve midnight to twelve noon and sundown to twelve

midnight, except on the designated outdoor water use times set forth under subsection (A)(1) of this section. Such washing, when allowed, shall be done with a hand-held bucket or hand-held hose equipped with a positive shutoff nozzle for quick rinses. The nozzle shall be removed when the hose is not in use to ensure the water supply is shutoff.

b.

Washing trucks, trailers and other types of mobile equipment (such as solid waste collection vehicles, mobile solid waste containers, vehicles used to transport food and other perishables), when such washing is necessary in order to protect the health, safety and welfare of the public, shall be restricted to the hours of sundown to noon. Such washing, when allowed, shall be done with a hand-held bucket or hand-held hose equipped with a positive shutoff nozzle for quick rinses. The nozzle shall be removed when the hose is not in use; and

3.

The refilling or adding of water to swimming pools is prohibited except on designated outdoor water use days, which shall be the same days as outdoor watering is permitted under subsection (A)(1) of this section; and

4.

Stop operating ornamental fountains or similar decorative water features unless recycled water is used; and

5.

The irrigation of golf course fairways is prohibited (this section shall not apply to the irrigation of any golf course solely with reclaimed wastewater); and

6.

The use of water from fire hydrants shall be limited to firefighting and emergency-related activities and/or other activities necessary to maintain the health, safety, and welfare of El Monte residents and commercial establishments. This restriction shall not apply to businesses which pursuant to state or federal law or any city-issued permit require the use of water for land development and building construction processes.

B.

Exceptions. None of the Stage 3 conservation measures shall apply to the following uses of water:

1.

The routine and necessary use of water, other than for landscape irrigation, by a governmental entity in pursuit of its governmental functions for the benefit of the public, such as construction projects and for the cleaning of streets to prevent debris and harmful substances from entering water systems via storm drains; and

2.

The routine and necessary use of water, other than for landscape irrigation, for land development (e.g., roadway base preparation, flushing of utility lines, dust control, concrete and asphalt work) or for building construction processes; and

3.

The necessary use of water for the routine maintenance and/or repair, of water distribution facilities, residential and commercial plumbing and permanently installed landscape irrigation systems; and

4.

The use of water necessary to irrigate large, landscaped areas in commercial and institutional establishments as authorized by the terms and conditions of an approved compliance agreement issued by the review board, as defined in Section 14.02.080; and

5.

The use of water pursuant to the approved terms and conditions of a variance granted by the review board as defined in Section 14.02.080.

(Ord. No. 2738, § 4, 3-17-2009; Ord. No. 2861, § 5, 8-4-2015)

14.02.050 - Stage 4—Drought critical conditions—High shortage stage.

A.

During Stage 4 drought critical conditions, all water customers of the El Monte Water Department as well as all other persons using water provided by the city shall comply with the mandatory conservation measures set forth under this section in addition to those measures required under Stage 3 conditions, except to the extent such Stage 3 measures conflict with the measures set forth under this section. The additional Stage 4 conservation measures shall include the following:

1.

The washing of sidewalks, walkways, driveways, public and private parking areas and other impervious hard surfaced areas by direct hosing when runoff water directly flows to a gutter or storm drain, except as may be necessary to properly dispose of flammable or other dangerous liquids or substances, wash away spills that present a trip and fall hazard, or to prevent or eliminate materials dangerous to the public health and safety is prohibited (nothing in this subsection shall be interpreted to relieve property owners or their tenants of the obligation to keep sidewalks and parkways abutting the subject property in a clean condition, free of solid waste or other refuse or debris); and

2.

Every water customer shall be responsible for the operation of his or her irrigation systems and devices and such systems and devices shall at all times be deemed to be under the supervision and control of the water customer, regardless of whether the customer is physically on the property being irrigated at the time such irrigation is underway. Every water customer shall be deemed to have knowledge and awareness of the manner and extent of his or her irrigation systems water consumption and usage and the occurrence of

runoff occurrences prohibited under this chapter. Every water customer shall employ available alternatives to apply irrigation water in a reasonable efficient and non-wasteful manner;

3.

Allowing, permitting or causing the escape of water through breaks or leaks within the customer's plumbing or private water distribution system for any substantial period of time within which such break or leak should reasonably have been discovered and corrected. It shall be presumed that a period of seventy-two (72) hours after the customer discovers such a break or leak or receives notice from the city of a break or leak, is a reasonable time within which to correct such break or leak, or, at a minimum, to stop the flow of water from such break or leak; and

4.

a.

Except as otherwise prohibited under Section 14.02.015, above, outdoor irrigation of landscaped areas by automated sprinklers, automated drip irrigation systems or other automated irrigation systems or devices shall be permitted as follows: (i) on Monday and Thursday of each week for those properties having a street address with an even last digit; and (ii) on Tuesday and Friday of each week for those properties having a street address with an odd last digit. In the event a street address ends in a digit which is a fraction, the street address will be considered an even address if the last whole digit in the address is an even number and the street address will be considered an odd address if the last whole digit in the address is an odd number. Except as otherwise prohibited under Section 14.02.015, above, if two (2) or more properties with both even and odd numbered addresses share one or more landscaped areas in common, such common landscaped areas may be irrigated on Monday, Tuesday, Thursday or Friday of each week only but in no event may such common landscaped areas be irrigated for two (2) consecutive days in a row. No automated irrigation system shall be set for a duration greater than fifteen (15) minutes or used in such a manner as to cause any specific landscaped area to be irrigated for a period longer than fifteen (15) minutes on a particular day.

b.

Manual irrigation, including but not limited to, irrigation by hand-held garden hose or hand-held bucket or similar container containing potable water shall also be subject to the same day restrictions as applied under paragraph a. of this subsection, above.

c.

Paragraphs a. and b. of this subsection notwithstanding, in no event may landscaped areas be irrigated, whether manually or through the use of automated irrigation systems and devices, between the hours of 9:00 a.m. and 5:00 p.m. In no event may any water used for irrigation purposes described in this subsection be permitted or undertaken in such a fashion as to cause water to run off into storm drains or onto sidewalks, paved walkways, driveways, public or private parking areas or other impervious hard surface areas.

Pools and spas with covers shall be covered when not in use to minimize the loss of water due to evaporation.

B.

Exceptions. None of the high shortage restrictions shall apply to the following uses of water, provided there is prior written approval by the review board as defined in Section 14.02.080:

1.

The routine and necessary use of water, other than for landscape irrigation, by a governmental entity in pursuit of its governmental functions for the benefit of the public, such as construction projects and for the cleaning of streets to prevent debris and harmful substances from entering water systems via storm drains; and

2.

The routine and necessary use of water, other than for landscape irrigation, for land development (e.g., roadway base preparation, flushing of utility lines, dust control, concrete and asphalt work) and for building construction processes; and

3.

The necessary use of water for the routine maintenance and/or repair of water distribution facilities, residential and commercial plumbing and permanently installed landscape irrigation systems; and

4.

The use of water necessary to irrigate large landscaped areas in commercial and institutional establishments as authorized by the terms and conditions of an approved compliance agreement issued by the review board, as defined in Section 14.02.080.

(Ord. No. 2738, § 4, 3-17-2009; Ord. No. 2861, §§ 6, 7, 8-4-2015)

14.02.060 - Stage 5—Drought emergency conditions—Severe shortage stage.

A.

During Stage 5 Drought Emergency Conditions, all water customers of the El Monte Water Department as well as all other persons using water provided by the city shall comply with the mandatory conservation measures set forth under this section in addition to those measures required under Stage 4 conditions, except to the extent such Stage 4 measures conflict with the measures set forth under this section. The additional Stage 5 conservation measures shall include the following:

1.

a.

Except as otherwise prohibited under Section 14.02.015, above, outdoor irrigation of landscaped areas by automated sprinklers, automated drip irrigation systems or other automated irrigation systems or devices

shall be permitted as follows: (i) on Monday of each week for those properties having a street address with an even last digit; and (ii) on Thursday of each week for those properties having a street address with an odd last digit. In the event a street address ends in a digit which is a fraction, the street address will be considered an even address if the last whole digit in the address is an even number and the street address will be considered an odd address if the last whole digit in the address is an odd number. If two (2) or more properties with both even and odd street addresses share one or more landscaped areas in common, such common landscaped areas may be irrigated on Monday or Thursday of each week only but in no event may such common landscaped areas be irrigated more than once in a week. No automated irrigation system shall be set for a duration greater than ten (10) minutes or used in such a manner as to cause any specific landscaped area to be irrigated for a period longer than ten (10) minutes on a particular day.

b.

Manual irrigation, including but not limited to, irrigation by hand-held garden hose or hand-held bucket or similar container containing potable water shall also be subject to the same day restrictions as applied under paragraph a. of this subsection, above.

c.

Paragraphs a. and b. of this subsection notwithstanding, in no event may landscaped areas be irrigated, whether manually or through the use of automated irrigation systems and devices, between the hours of 9:00 a.m. and 5:00 p.m. In no event may any water used for irrigation purposes described in this subsection be permitted or undertaken in such a fashion as to cause water to run off into storm drains or onto sidewalks, paved walkways, driveways, public or private parking areas or other impervious hard surface areas.

2.

Washing of Vehicles, Trailers, Boats, Airplanes and Mobile Equipment.

a.

The washing of automobiles, trucks, trailers, boats, airplanes, and other types of equipment (mobile or otherwise) is prohibited except as provided elsewhere in this section.

b.

No individual, firm or business that regularly washes vehicles for remuneration or provides facilities for customers to do so through coin-operated machinery shall be permitted to operate such a business unless their place of business is equipped and operating to approved city standards with equipment to recycle water for use within their facility. Washing of vehicles in such facilities shall occur only between the hours of six a.m. and twelve noon.

(Ord. No. 2738, § 4, 3-17-2009; Ord. No. 2861, § 8, 8-4-2015)

14.02.070 - Drought response stages and procedures for implementation.

A.

The measures called for under Stage 1 drought preparedness conditions shall apply at all times as voluntary measure, except to the extent all or any such measures are later made mandatory by the declaration of Stage 2 conditions or higher.

B.

Stage 2 drought watch conditions apply when, due to drought or other supply reductions, there is a reasonable probability there will be supply shortages and that a consumer demand reduction from ten (10) percent to seventeen (17) percent is required in order to ensure that sufficient supplies will be available to meet anticipated demands.

C.

Stage 3 drought alert conditions apply when, due to cutbacks caused by drought or other reduction in supplies, a consumer demand reduction from seventeen (17) percent to twenty-four (24) percent is required in order to have sufficient supplies available to meet anticipated demands.

D.

Stage 4 drought critical conditions apply when due to increasing cutbacks caused by drought or other reduction of supplies, a consumer demand reduction from twenty-four (24) percent to thirty-one (31) percent is required in order to have sufficient supplies available to meet anticipated demands.

E.

Stage 5 drought emergency conditions apply when a water shortage emergency is declared pursuant to Water Code Section 350 and requires a demand reduction from thirty-one (31) percent to fifty (50) percent in order for the City of El Monte to have maximum water supplies available to meet anticipated demands.

F.

The existence of drought response Stages 2, 3, 4 and 5 may be declared in accordance with the procedures specified in California Water code Sections 351 and 352. All mandatory drought response measures shall take effect ten (10) calendar days after the date the drought response stage is declared. Within five (5) calendar days following the declaration of the response level, the City of El Monte shall publish a copy of the resolution in a newspaper used for publication of official notices. If the City of El Monte establishes a water allocation, it shall provide notice of the allocation by including it in the regular billing statement for the fee or charge or by any other mailing to the address to which the city customarily mails the billing statement for the fees or charges for ongoing water service. Water allocations shall be effective on the fifth (5) days following the date of the mailing or at such later date as specified in the notice.

(Ord. No. 2738, § 4, 3-17-2009)

14.02.080 - Undue hardship review.

A.

Review Board—Variances, Permits and Compliance Agreements. A review board is established to review special cases which cannot follow the letter of this chapter. The review board shall, consist of the Public

Works Maintenance Superintendent, the Water Systems Supervisor, the City Engineer, the Director of Community Development and the City Attorney, or their appointed representative(s).

B.

Appeal of review board decisions shall be made to the City Council. It is the purpose of the review board to review special cases and to determine whether or not such cases warrant a variance, permit or compliance agreement including conditions of approval. The board shall consider the facts of each case and decide whether to grant a variance or a permit or to enter into a compliance agreement within thirty (30) calendar days of the receipt of a properly completed application for variance/permit/compliance agreement form.

C.

A variance or permit shall be granted only for reasons of economic hardship, which is defined as a threat to an individual business's primary source of income. (Under no circumstances shall inconvenience or the potential for damage of landscaping be considered an economic hardship, which justifies a variance.) The board shall authorize only the implementation of equitable water use restrictions which further the purpose and intent of the water conservation plan. The special water use restrictions authorized by the board in each case shall be set forth on the face of the variance, permit or compliance agreement. The city shall

have the authority to establish a nonrefundable application processing, review and investigation fee to reimburse the city for the reasonable estimated cost of administering the hardship program. The precise amount of the fee shall be established, and may from time to time be amended, by City Council resolution following a noticed public hearing on the matter in compliance with applicable laws for the establishment of such fees.

D.

Early Termination of Variances, Permits or Agreements Upon Escalation of Shortage Stage.

1.

A variance, permit or agreement implemented during a given water short stage shall terminate automatically in the event city approves escalation to a higher water shortage stage, unless, upon initial issuance, the issued variance or permit contains internal conditions and provisions intended to address escalations to a higher stage. Such multistage variances, permit or agreements must contain conditions and provisions which demonstrate significant additional savings of water, or nonuse of water, under progressively more critical shortage stages.

2.

Exception. If, within the stated life of the variance or permit, the shortage stage for which the permit was originally issued is reinstated, the permit will be considered valid until the original expiration date, as long as that original shortage stage remains in effect.

E.

Any person, corporation or association who is issued a variance or permit or enters into a compliance agreement and makes use of water pursuant to such instrument shall provide proof of the variance, permit

or compliance agreement upon demand by any peace officer or person authorized by the city to enforce this title.

F.

Upon conviction of a person, corporation or association of violating any provision of this chapter, the review board shall revoke any permit, variance, or compliance agreement previously granted. However, the board shall notify the applicant of the proposed revocation five (5) business days before taking such action, and applicant shall be given the opportunity to be heard by the review board prior to its taking such action.

G.

Persons wishing to appeal the decision of the review board shall have the right of appeal to the City Council. Appeal shall be made in writing within ten (10) business days of the review board's decision. The decision of the City Council shall be final.

H.

Undue hardship review and procedures afforded under this Section 14.02.080 shall not apply to or be available for violations of Section 14.02.015 of this chapter.

(Ord. No. 2738, § 4, 3-17-2009; Ord. No. 2845, § 5, 10-14-2014; Ord. No. 3023, § 4.C(Exh. C), 5-2-2023)

14.02.085 - Penalties for violation of state water usage prohibitions under Section 14.02.015.

A.

No person within the city of El Monte shall use or permit the use of water in a manner contrary to Section 14.02.015 above. For purposes of this section, the term "person" shall have the same meaning as in Section 14.02.090(A)(1) below.

B.

Unless otherwise provided, any person who violates any provision of Section 14.02.015 shall be guilty of an infraction or misdemeanor as hereinafter specified at the city's discretion, and each day or portion thereof such violation is in existence shall be a new and separate offense.

C.

Fines. The following penalty schedule shall apply to violations of Section 14.02.015:

1.

Any person who violates any of the prohibitions of Section 14.02.015 shall be guilty of an infraction and shall be issued a written citation for the first such offense in a single calendar year.

2.

Any person who violates any of the prohibitions of Section 14.02.015 for a second time in a single calendar year shall be guilty of an infraction and shall be subject to a fine of one hundred dollars ($100.00).

3.

Any person who violates any of the prohibitions of Section 14.02.015 for a third time in a single calendar year shall be guilty of an infraction and shall be subject to a fine of two hundred dollars ($200.00).

4.

Any person who violates any of the prohibitions of Section 14.02.015 four (4) or more times in a single calendar year shall be guilty of an infraction and shall be subject to a fine of five hundred dollars($500.00).

D.

Additional Penalties. Subsection C of this section notwithstanding, a violation of any prohibition set forth under Section 14.02.015(C)(2), 14.02.015(C)(3) or 14.02.015(C)(4) in a single calendar year may be charged and prosecuted as a misdemeanor at the city's sole discretion.

1.

In addition to the above penalties, such convicted person may, in the discretion of the court, be ordered to reimburse the city for all necessary costs incurred through investigation, discovery, analysis, inspection, abatement and other actual costs incurred by the city or its agents pertaining to the violation.

2.

The court shall fix the amount of any such reimbursements upon submission of proof of such costs by the city. Payment of any penalty herein provided shall not relieve a person from the responsibility of correcting the condition resulting from the violation.

(Ord. No. 2845, § 6, 10-14-2014)

14.02.090 - Penalties for violation of Sections 14.02.020 through 14.02.070.

A.

Compliance—Guidelines.

1.

No customer of the El Monte Water Department or person who uses water provided by the El Monte Water Department shall knowingly use, or permit the use of water in a manner contrary to any provision of this chapter, or in an amount in excess of that use permitted by the provisions of this chapter. For purposes of this chapter, the term "person" means any natural person, corporation, partnership, sole proprietorship, public or private entity, public or private association, public or private agency, governmental agency or institution, school district, college university, or any other use of water provided by the City of El Monte.

2.

Unless otherwise provided, any person who violates any provision of this chapter shall be guilty of an infraction or misdemeanor as hereinafter specified at the city's discretion, and each day or portion thereof such violation is in existence shall be a new and separate offense.

B.

The following penalty schedule shall apply to violations of any provision of this chapter, excluding violations of Section 14.02.015:

1.

Any person who violates any of the prohibitions of this chapter (excluding Section 14.02.015) shall be guilty of an infraction and shall be issued a written citation for the first such offense in a single calendar year.

2.

Any person who violates any of the prohibitions of this chapter (excluding Section 14.02.015) shall be guilty of an infraction and shall be subject to a fine of one hundred dollars ($100.00) for the second such offense in a single calendar year.

3.

Any person who violates any of the prohibitions of this chapter (excluding Section 14.02.015) shall be guilty of an infraction and shall be subject to a fine of two hundred dollars ($200.00) for the third such offense in a single calendar year.

4.

Any person who violates any of the prohibitions of this chapter (excluding Section 14.02.015) shall be guilty of an infraction and shall be subject to a fine of five hundred dollars ($500.00) for four (4) or more such offenses in a single calendar year.

C.

1.

Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor at the city's sole discretion. In addition to the above penalties, such convicted person, firm, corporation or other entity may, in the discretion of the court, be ordered to reimburse the city for all necessary costs incurred through investigation, discovery, analysis, inspection, abatement and other actual costs incurred by the city or its agents pertaining to the violation.

2.

The court shall fix the amount of any such reimbursements upon submission of proof of such costs by the city. Payment of any penalty herein provided shall not relieve a person, firm or corporation, or other entity from the responsibility of correcting the condition resulting from the violation.

D.

In addition to the above, the Public Works Maintenance Superintendent is empowered to enact other penalties and restrictive measures that are intended to abate the conduct or circumstances comprising the violation including, but not limited to, the following: placement of a flow restricting device upon the water service, locking off of water meter, removal of water meter, and shutting off of the service line valve.

(Ord. No. 2738, § 4, 3-17-2009; Ord. No. 2845, §§ 6, 7, 10-14-2014)