Arroyo Grande Municipal Code Ch. 13.06 Mandatory Retrofit Program

"Change of ownership" means a transfer of a present interest in real property. Every transfer of property shall qualify as a "change of ownership," except transfer of title from one spouse to another, whether the transfer is voluntary, involuntary, by operation of law, by grant, gift, devise, inheritance, trust, contract of sale, addition or deletion of an owner, property settlement or any other means. Change of ownership effected other than by a contract of sale shall be deemed to occur at the time of actual transfer of title. A change of ownership resulting from a contract of sale or similar instrument shall be so regarded only if escrow is opened or a contract of sale is executed, whichever occurs last, on or after the effective date of the ordinance codified in this chapter.

"Low-water-use plumbing fixtures" means any toilet using a maximum of one and six-tenths gallons per flush and shower heads designed to emit a maximum of two and one-half gallons per minute (gpm) of water.

"Retrofit" means the replacement of a conventional plumbing fixture with low-water-using plumbing fixtures.

"Water conservation certificate" means a certificate acknowledging that installation of water-conserving plumbing fixtures has been completed.

(Ord. 563 § 1 (part), 2005)

A. Before the close of escrow for any change of ownership, defined by this chapter, of real property within the city, the selling owner(s) or an authorized agent shall certify compliance with the retrofit requirements of this chapter by obtaining a water conservation certificate in accordance with Section 13.06.040 of this chapter. No property transfer shall be recorded until verification has been received by the city and a water conservation certificate has been issued to the seller.

B. Pursuant to the authority vested to the city under Civil Code Section 1102.6a, the city hereby requires disclosure of the retrofit requirements of this chapter, in transaction, transfer or change in ownership subject to the provisions of this chapter.

C. No liability shall arise nor any action be brought or maintained against any agent of any party to a transfer of title, including any person or entity acting in the capacity of an escrow, for any error, inaccuracy or omission relating to compliance with this section. However, this section does not apply to a licensee, as defined in Section 10011 of the State Business and Professions Code, where the licensee participates in the making of the certification required to be made pursuant to this section with actual knowledge of the falsity of the certification.

(Ord. 563 § 1 (part), 2005)

The cost of retrofit shall be borne by the owner of the property. The owner can request a retrofit through the city's existing plumbing retrofit program as outlined in the city's water

conservation program. This program allows for the cost of the retrofit to be paid by the city if water conservation funds are available.

(Ord. 563 § 1 (part), 2005)

A. Upon retrofitting with water-conserving plumbing fixtures, the seller, prior to the change of ownership, shall obtain from the utilities department a "water conservation certificate," in accordance with administrative procedures established by the department, verifying that water-conserving plumbing fixtures have been installed. The seller shall allow an inspection of property by city staff.

B. "Water conservation certificates" shall also be available to those who voluntarily install water-conserving plumbing fixtures or have installed water-conserving plumbing fixtures prior to the effective date of ordinance codified in this chapter.

(Ord. 563 § 1 (part), 2005)

Whenever the director of public works determines that there is a property where low-water-use plumbing fixtures have not been installed as required by this chapter or where such fixtures have been removed since initial installation and replaced with other than low-water-use fixtures, the director may serve a notice of correction on the owner(s) of the property on which the violation is situated and any other person responsible for the violation. The owner of record shall have ninety (90) days to take corrective action. Failure to take corrective action within ninety days shall constitute a violation of this chapter.

(Ord. 563 § 1 (part), 2005)

The director of public works may exempt facilities from the provisions of this chapter, and impose reasonable conditions in lieu of full compliance herewith, if the director determines that there are practical difficulties involved in carrying out the provisions of this chapter. The director may exempt facilities from the provisions of this chapter when low-water-using fixtures are not available to match a historic architectural style. The director shall require that sufficient evidence or proof be submitted to substantiate any exemption or acceptance of alternatives.

(Ord. 563 § 1 (part), 2005)

A. Content of Appeals. An appeal may be made to an appeals board, consisting of representatives from the community development department, financial services department, and utilities department, by any person aggrieved by a decision of the director of public works pursuant to this chapter. The appellant must specifically state in the notice of appeal:

1. The name and address of the appellant and the appellant's interest in the decision;

2. The nature of the decision appealed from and/or the conditions appealed from;

3. A clear, complete, but brief statement of the reasons why, in the opinion of the appellant, the decision or the conditions imposed were unjustified or inappropriate;

4. The specific facts of the matter in sufficient detail to notify the city. The appeal shall not be stated in generalities.

B. Acceptance of Appeal. An appeal shall not be accepted by the city unless it is complete.

(Ord. 563 § 1 (part), 2005)

It is unlawful to fail to comply with the retrofit requirements of this chapter or to alter or replace low-water-use plumbing fixtures required by this chapter with fixtures other than low-water-use plumbing fixtures. Violation of the provisions of this chapter shall constitute an infraction. Each day any violation of this chapter continues shall be considered a new and separate offense.

(Ord. 563 § 1 (part), 2005)

The decision of the city to pursue either a civil or criminal or abatement action against a person violating any provision of this chapter shall not preclude further relief by use of any other remedy provided herein, or by common law, statute or ordinance.

(Ord. 563 § 1 (part), 2005)