Avenal Municipal Code Art. 4 Drought Relief Surcharge Program

Article 2. Control of Backflow and Cross-connections 6-4.20(A) Cross-connection control—General policy. 6-4.20(B) Definitions. 6-4.20(C) Requirements. 6-4.20(D) Installation of water service connection—Maintenance. 6-4.20(E) Inspection of customer's system. 6-4.20(F) Backflow devices. 6-4.20(G) Protective devices—Degree of hazard. 6-4.20(H) Approval of Director. 6-4.20(I) Inspection and tests. 6-4.20(J) Presently installed devices. 6-4.20(A) Cross-connection control—General policy. (a) The purpose of this article is: (1) To protect the public potable water supply of the City from the possibility of contamination or pollution by isolating within its customers' internal distribution system(s) or its customers' private water system(s) such contaminates or pollutants which could backflow or back-siphon into the public water supply system;

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 31 (2) To promote the elimination or control of existing cross-connections, actual or potential, between its customer's in-plant potable water system(s) and nonpotable water system, plumbing fixtures and industrial piping systems; and (3) To provide for the maintenance of a continuing program of cross-connections control which will systematically and effectively prevent the contamination or pollution of all potable water systems. (b) Responsibility. The Director of Public Works shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow or back- siphonage of contaminants or pollutants through the water service connection. If, in the judgment of said Director, an approved backflow prevention device is required, at the City's water service connection to any customer's premises, for the safety of the water system, the Director or his designated agent shall give notice in writing to said customer to install such an approved backflow prevention device at each service connection to his premises. The customer shall immediately install such approved device or devices at his own expense; and failure, refusal or inability on the part of the customer to install said device or devices immediately shall constitute a ground for discontinuing water service to the premises until such device or devices have been properly installed. (Ord. 88-02 § 1 (part), 1988) 6-4.20(B) Definitions. (a) Director of Public Works. The Director of Public Works, hereafter called Director, in charge of the Water Department of the City is invested with the authority and responsibility for an implementation of an effective cross-connection control program and for enforcement of the provisions of this article. (b) "Approved" means accepted by the Director as meeting an applicable specification stated or cited in this article, or as suitable for the proposal use. (c) "Auxiliary water supply" means any water supply on or available to the premises other than the City's approved public potable water supply. These auxiliary waters may include water from another public potable water supply or any natural source(s) such as a well, spring, river, stream, harbor, etc., or "used water" or "industrial fluids." These waters may be polluted or contaminated or they may be objectionable and constitute an unacceptable water source over which the City does not have sanitary control. (d) "Backflow" means the flow of water or other liquids, mixtures or substances under pressure into the distributing pipes of a potable water supply system from any source or sources other than its intended source. (e) "Back-siphonage" means the flow of water or other liquids, mixtures or substances into the distributing pipes of a potable water supply system from any source other than its intended sources caused by the sudden reduction of pressure in the potable water supply system. (f) "Backflow preventer" means a device or means designed to prevent backflow or back-siphonage. (g) "Air-gap" means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood level rim of said vessel. An approved air-gap shall be at least double the diameter of the supply pipe, measured vertically, above the top of the rim of the vessel; and, in no case less than one inch. When an air-gap is used at the service connection to prevent the contamination or pollution of the City's potable water system, an emergency by-pass shall be installed around the air-gap system and an approved reduced pressure principle device shall be installed in the by-pass system. (h) "Reduced pressure principle device" means an assembly of two (2) independently operating approved check valves with an automatically operating differential relief valves between the two (2) check valves, tightly closing shut-off valves on either side of the check valves, plus properly located test cocks for the testing of the check and relief valves. The entire assembly shall meet the design and performance specifications and approval of a recognized and City-approved testing agency for

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 32 backflow prevention assemblies. The device shall operate to maintain the pressure in the zone between the two (2) check valves at a level less than the pressure on the City water supply side of the device. At cessation of normal flow the pressure between the check valves shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. When the inlet pressure is two (2) pounds per square inch or less, the relief valve shall open to the atmosphere. To be approved these devices must be readily accessible for in-line maintenance and testing and be installed in a location where no part of the device will be submerged. (i) "Double check valve assembly" means an assembly of two (2) independently operating approved check valves with tightly closing shut-off valves on each side of the check valves, plus properly located test cock for the testing of each check valve. The entire assembly shall meet the design and performance specifications and approval of recognized and City-approved testing agency for backflow prevention devices. To be approved these devices must be readily accessible for in-line maintenance and testing. (j) "Contamination" means an impairment of the quality of the potable water by sewage, industrial fluids or waste liquids, compounds or other materials to a degree which creates an actual hazard to the public health through poisoning or through the spread of disease. (k) "Cross-connection" means any physical connection or arrangement of piping or fixtures between two (2) otherwise separate piping systems one of which contains potable water and the other nonpotable water or industrial fluids or questionable safety, through which, or because of which, backflow or back-siphonage may occur into the potable water system. A water service connection between a public potable water distribution system and a customer's water distribution system which is cross- connected to a contaminated fixture, industrial fluid system or with a potentially contaminated supply or auxiliary water system, constitutes one type of cross-connection. Other types of cross-connections include connectors such as swing connections, removable sections, four-way plug valves, spools, dummy sections of pipe, swivel or change-over devices, sliding multiport tube, solid connections, etc. (l) Cross-connections—controlled. "Controlled cross-connection" means a connection between a potable water system and a nonpotable water system with an approved backflow prevention device properly installed that will continuously afford the protection commensurate with the degree of hazard. (m) "Cross-connection control by containment" means the installation of an approved backflow prevention device at the water service connection to any customer's premises where it is physically and economically infeasible to find and permanently eliminate or control all actual or potential cross- connections within the customer's water system where there are actual or potential cross- connections which cannot be effectively eliminated or controlled at the point of cross-connection. (n) Hazard, degree of. (1) Hazard—Health. "Health hazard" means any condition, device or practice in the water supply system and its operation which could create, or in the judgment of the Director may create a danger to the health and well-being of the water consumer. An example of a health hazard is a structural defect, including cross-connections, in a water supply. (2) Hazard—Plumbing. "Plumbing hazard" means a plumbing-type cross-connection in a consumer's potable water system that has not been properly protected by a vacuum breaker, air-gap separation or backflow prevention device. Unprotected plumbing-type cross-connections are considered to be a health hazard. (3) Hazard—Pollutional. "Pollutional hazard" means an actual or potential threat to the physical properties of the water system or to the potability of the public or the consumer's potable water system but which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health. (4) Hazard—System. "System hazard" means an actual or potential threat of severe damage to the physical properties of the City's potable water system or the consumer's potable water system

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 33 or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system. (o) "Industrial fluids system" means any system containing a fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollutional or plumbing hazard if introduced into an approved water supply. This may include, but not limited to: polluted or contaminated waters; all types of process waters and "used waters" originating from the public potable water system which may have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalies, circulated cooling waters connected to an open cooling tower and/or cooling towers that are chemically or biologically treated or stabilized with toxic substances; contaminated natural water such as from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; oils, gases, glycerine, paraffins, caustic and acid solutions and other liquid and gaseous fluids used in industrial or other purposes or for fire- fighting purposes. (p) "Pollution" means the presence of any foreign substance (organic, inorganic or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such waters for domestic use. (q) Water—Potable. "Potable water" means any water which, according to recognized standards is safe for human consumption. (r) Water—Nonpotable. "Nonpotable water" means water which is not safe for human consumption or which is of questionable potability. (s) Water—Service connections. "Service connections water" means the terminal end of a service connection from the City's potable water system; i.e., where the City loses jurisdiction and sanitary control over the water at its point of delivery to the customer's water system. If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the meter. There should be not unprotected takeoffs from the service line ahead of any meter or backflow prevention device located at the point of delivery to the customer's water system. Service connection shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the public potable water system. (t) Water—Used. "Used water" means any water supplied by the City from the potable water system to a consumer's water system after it has passed through the point of delivery and is no longer under the sanitary control of the City. (Ord. 88-02 § 1 (part), 1988) 6-4.20(C) Requirements. (a) Water system. (1) The water system shall be considered as made up of two (2) parts: the City system and the customer system. (2) The City system shall consist of the source facilities and the distribution system; and shall include all those facilities of the water system under the complete control of the City up to the point where the customer's system begins. (3) The source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the distribution system. (4) The distribution systems shall include the network of conduits used for the delivery of water from the source to the customer's system. (5) The customer's system shall include those parts of the facilities beyond the termination of the City distribution system which are utilized in conveying City delivered domestic water to pointsof use.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 34 (Ord. 88-02 § 1 (part), 1988) 6-4.20(D) Installation of water service connection—Maintenance. No water service connection to any premises shall be installed or maintained unless the water supply is protected as required by State laws and regulations and this chapter. Service of water to any premises shall be discontinued if a prevention device required by this chapter is not installed, tested and maintained, or if it is found that a backflow prevention device has been removed, by-passed, or if an unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected. (Ord. 88-02 § 1 (part), 1988) 6-4.20(E) Inspection of customer's system. The customer's system should be open for inspection at all reasonable times to authorized representatives of the Public Works Water Division to determine whether cross-connections or other structural or sanitary hazards, including violations of these regulations, exist. When such a condition becomes known, the Director shall deny or immediately discontinue service to the premises by providing for a physical break in the service line until the customer has corrected the condition(s) in conformance with State and City statutes relating to plumbing and water supplies and the regulations adopted pursuant thereto. (Ord. 88-02 § 1 (part), 1988) 6-4.20(F) Backflow devices. An approved backflow prevention device shall also be installed on each service line to a customer's water system at or near the property line or immediately inside the building being served; but in all cases, before the first branch line leading off the service line wherever the following conditions exist. (a) In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional source by the Director, the City water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line appropriate to the degree of hazard. (b) In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the City water system, the City system shall be protected against backflow from the premises by installing a backflow prevention device in the service line appropriate to the degree of hazard. This shall include the handling of process waters and waters originating from the City system which have beensubject to deterioration in quality. (c) In the case of premises having (1) internal cross-connections that cannot be permanently corrected and controlled, or (2) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist, the City water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line. (Ord. 88-02 § 1 (part), 1988) 6-4.20(G) Protective devices—Degree of hazard. The type of protective device required under subsections 6-4.20(F)(a), (b) and (c) shall depend upon the degree of hazard which exists as follows:

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 35 (a) In the case of any premises where there is an auxiliary water supply as stated in subsection 6- 4.20(F)(a) of this chapter and it is not subject to any of the following rules, the City water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention device. (b) In the case of any premises where there is water or substance that would be objectionable but not hazardous to health, if introduced into the City water system, the City water system shall be protected by an approved double check valve assembly. (c) In the case of any premises where there is any material dangerous to health which is handled in such a fashion as to create an actual or potential hazard to the City water system, the City water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention device. Examples of premises where these conditions will exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries and plating plants. (d) In the case of any premises where there are "uncontrolled" cross-connections, either actual or potential, the City water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention device at the service connection. (e) In the case of any premises where, because of security requirements or other prohibitions or restrictions it is impossible or impractical to make a complete in-plant cross-connection survey, the City water system shall be protected against backflow or back-siphonage from the premises by the installation of a backflow prevention device in the service line. In this case, maximum protection will be required; that is, an approved air-gap separation or an approved reduced pressure principle backflow prevention device shall be installed in each service to the premises. (Ord. 88-02 § 1 (part), 1988) 6-4.20(H) Approval of Director. Any backflow prevention device required herein shall be of model and size approved by the Director. "Approved backflow prevention device" means a device that has been manufactured in full conformance with the standards established by the American Water Works Association entitled: AWWA C506-78  Standards for Reduced Pressure Principle and Double Check Valve Backflow Prevention Devices: and have met completely the laboratory and field performance specifications for the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California established by Specifications of Backflow Prevention Devices — #69-2 dated March 1969 or the most current issue said AWWA and FCCC&HR standards and specifications have been adopted by the Director. Final approval shall be evidenced by a "Certificate of Approval" issued by an approved testing laboratory certifying full compliance with said AWWA standards and FCCC&HR Specifications. The following testing laboratory has been qualified by the Director to test and certify backflow preventers. Foundation for Cross-connection Control & Hydraulic Research University of Southern California University Park Los Angeles, CA 90008 Testing laboratories other than the laboratory listed above will be added to an approved list as they are qualified by the Director.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 36 Backflow preventers which may be subjected to back pressure or back siphonage that have been fully tested and have been granted a certificate of approval by said qualified laboratory and are listed on the laboratory's current list of "Approved Devices" may be used without further test or qualifications. (Ord. 88-02 § 1 (part), 1988) 6-4.20(I) Inspection and tests. It shall be the duty of the customer-user at any premises where backflow prevention devices are installed to have certified inspections and operational tests made at least once per year. In those instances where the Director deems the hazard to be great enough, he may require certified inspections at more frequent intervals. These inspections and tests shall be at the expense of the water user and shall be performed by the device manufacturer's representative, by Public Works Water Division personnel or by a certified tester approved by the Director. It shall be the duty of the Director to see that these timely tests are made. The customer-user shall notify the Director in advance when the tests are to be undertaken so that he or his representative may witness the tests if so desired. Theses devices shall be repaired, overhauled or replaced at the expense of the customer-user whenever said devices are found to be defective. Records of such test, repairs and overhauls shall be kept and made available to theDirector. (Ord. 88-02 § 1 (part), 1988) 6-4.20(J) Presently installed devices. All presently installed backflow devices which do not meet the requirements of this section but were approved devices for the purpose described herein at the time of installation and which have been properly maintained shall, except for the inspection and maintenance requirements under Section 6- 4.20(I), be excluded from the requirements of these rules so long as the Director is assured that they will satisfactorily protect the City system. Whenever the existing device is moved from the present location or requires more than minimum maintenance or when the Director finds that the maintenance constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this section. (Ord. 88-02 § 1 (part), 1988) Article 3. Conservation 6-4.21 Unlawful acts. 6-4.22 Violations—Notices—Penalties. 6-4.23 Notice. 6-4.24 Hearing. 6-4.25 Exceptions. 6-4.26 City exempt. 6-4.27 The rights of the City. 6-4.28 Authorization to implement further restrictions. 6-4.29 Severability.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 37 6-4.21 Unlawful acts. The following are hereby declared to be unlawful acts under the terms of this article: (a) In the use of water supplied by the City, no person, entity or other water user shall sprinkle, irrigate or otherwise apply water to any yard, ground, premises or vegetation except on the following designated days: Those users, whether residential, commercial or industrial, with odd- numbered addresses may water only on Monday, Wednesday and Friday. Those users, whether residential, commercial or industrial, with even-numbered addresses may water only on Tuesday, Thursday and Saturday. (b) Notwithstanding Section 6-4.20(a), in the use of water supplied by the City, no person, entity or other water user shall sprinkle, irrigate or otherwise apply water to any yard, ground, premises or vegetation on Sundays. (c) In the use of water supplied by the City, no person, entity or other water user shall sprinkle, irrigate or otherwise apply water to any yard, ground, premises or vegetation except during the hours of 6:00 a.m. to 10:00 a.m. and 6:00 p.m. to 10:00 p.m. on the appropriate day as specified above. (d) In the use of water supplied by the City, no person, entity or other water user shall use water by means of unattended open hose or open faucet for irrigation purposes. All unattended hoses used for irrigation purposes shall have a spray nozzle or sprinkling device attached thereto. (e) In the use of water supplied by the City, no person, entity or other water user shall fail to keep, maintain, operate or use any water connection, hose, faucet, hydrant, pipe, outlet or plumbing fixture which is not tight and free from leakage, dripping or waste of water. (f) In the use of water supplied by the City, no person, entity or other water user shall allow excessive water to flow down gutters or streets, or to accumulate on adjoining or adjacent property. (g) In the use of water supplied by the City, no person, entity or other water user shall wash motor vehicles, trailers, boats and other types of equipment except with a hand held bucket or hose equipped with a positive shut-off nozzle for quick rinses. (h) Residents with private swimming pools shall file a written application with the City Manager for a permit prior to draining and filling their pools. Water lost through normal use or evaporation may be replaced as needed. (Ord. 92-06 § 1, 1993; Ord. 91-05 § 1, 1991: Ord. 91-02 § 1, 1991) 6-4.22 Violations—Notices—Penalties. The violation of any of the provisions of Sections 6-4.10, 6-4.11, 6-4.12, 6-4.13, 6-4.14, 6-4.15, 6- 4.16, 6-4.17, 6-4.18, and 6-4.20, or any other provision which is enacted by the resolution of City Council shall result in the following actions by the City except for a violation of 6-4.17 for which there shall result in the following actions by the City except for a violation of 6-4.17 for which there shall be no warning for the first violation, second violation shall be treated in accordance with Section 6-4.22(c); a third; a third and subsections violation shall be treated in accordance with Section 6-4.22(d). (a) First violation. A written notice of the violation shall be issued by the Public Works Department personnel to the respective water customer of the City. (b) Second violation. A written notice of the violation shall be issued by the Public Works Department personnel to the respective water customer of the City and a charge of twenty-five dollars ($25.00) shall be added to the next water bill of such customer as a one-time charge for such violation. Said customer shall pay the full amount of such charge within thirty (30) days of the date of said water bill.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 38 (c) Third violation. A written notice of the violation shall be issued by the Public Works Department personnel to the respective water customer of the City and a charge of fifty dollars ($50.00) shall be added to the water bill of such customer as a one-time charge for such violation. Said customer shall pay the full amount of such charge within thirty (30) days of the date of said water bill. (d) Fourth and subsequent violations. A written notice of the violation shall be issued by the Public Works Department personnel to the respective water customer of the City and a charge of one hundred dollars ($100.00) shall be added to the water bill of such customer as a one-time charge for such violation. Said customer shall pay the full amount of such charge within thirty (30) days of the date of said water bill. (e) Leaks in customer's system. When a leak is discovered by a customer in a customer's water system and a customer is charged for water that the customer has not used, as a result of said leakage, it shall be the policy of the City to aid the customer in locating the leak. If the leak is repaired by the customer within a period of ten (10) days of the date the leak is discovered and the customer can establish that a portion of the charges identified in its water bill are in excess of the amount normally charged to the customer, that excess amount of water use caused by the leakage shall be charged to the customer at the standard water rate. If the leak is not repaired by the customer within the ten-day period, the portion of excess water usage which results from the leakage will be billed at two (2) times the standard water rate until the leak is repaired by the customer. (f) Determination of number of offenses. In order to be defined as a violation other than a first violation, the violation must occur within one year of the date of the first violation. (Ord. 2000-09, 2000; Ord. 91-02 § 2, 1991) 6-4.23 Notice. The Public Works Department or its designee shall give notice of each violation to the customer committing such violation as follows: (a) For any violation which does not include the installation of a flow restrictor or the discontinuance of water service to the customer for any time period whatsoever, the Public Works Department may give written notice of the fact of such violation to the customer personally or by regularmail. (b) If the penalty assessed is or includes installation of a flow restrictor or the discontinuation of water service to the customer for any period of time whatsoever, notice of the violation shall be given in the following manner: (1) By delivering a written notice to the customer personally; or (2) If the customer is absent from or unavailable at either his place of residence or his assumed place of business, by leaving a copy with some competent member of the household or a person apparently in charge of the office or place of business, at least eighteen (18) years of age, who was informed of the general nature of the papers, and sending a copy through the United States Mail addressed to the customer at either his place of business or residence; or (3) If such place of residence and/or business cannot be ascertained, or a competent member of the household or a person apparently in charge of the office or place of business at least eighteen (18) years of age 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 delivering a copy to a person there residing if such person can be found and also sending a copy through the United States Mail addressed to the customer at the place where the property is situated.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 39 (c) All notices 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/her right to a hearing on the violation. (d) Notice to the water user shall be given at both the billing and service address on file with the City. (Ord. 91-02 § 3, 1991) 6-4.24 Hearing. (a) Any water user receiving notice of a violation of Section 6-4.20 shall have a right to a hearing by the City Manager or his/her designee within fifteen (15) days of mailing or other delivery of the notice of violation. (b) The water user's written request for a hearing must be received within ten (10) days of the issuance of the notice of violation. This request shall stay installation of a flow restricting device on the water user's premises and the imposition of any surcharge until the City Manager or his/her designee renders a decision. This decision shall be issued within ten (10) days of the hearing and it shall provide a copy to the water user. (c) The decision of the City Manager or his/her designee may be appealed to the Avenal City Council or its designee by the water user's filing with the City Clerk a request for appeal within fifteen (15) days of service of the decision. Filing of such request stays implementation of any surcharge or installation of flow restrictor. (d) The appeal hearing will be scheduled to occur within a reasonable period of time following filing of the appeal. No formal rules of evidence apply. All evidence customarily relied upon by reasonable persons in the conduct of serious business affairs will be allowed and the water user may present any such evidence which shows the alleged wasteful water use has not occurred. The decision of the City Council or its designee will be given in writing to the water user within fifteen (15) days of the appeal hearing and that decision shall be final. (Ord. 91-02 § 4, 1991) 6-4.25 Exceptions. Written application for an exception or adjustment may be made to: City Manager City of Avenal 919 Skyline Boulevard Avenal, California 93204 The City Manager may (a) grant permits for the uses of water otherwise prohibited or (b) adjust the established requirements if the City Manager finds that: To fail to do so would cause an emergency condition adversely affecting the health, sanitation, fire protection or safety of the customer or the public or adverse impacts such as loss of production or jobs. No permit shall be granted unless the customer has adopted all practicable water conservation measures and/or has demonstrated to the City Manager's satisfaction that there are not alternatives to the use of water from the City water system and that the water of the City of Avenal will be used efficiently and without waste. The City Manager's denial of an application for an exception or adjustment is final. (Ord. 91-02 § 5, 1991)

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 40 6-4.26 City exempt. The City of Avenal, its officers, employees and agents, when acting in the course and scope of their employment, shall be exempt from the provisions of this article; provided, however, the City Manager shall make rules and regulations as may be necessary in order for the City to conserve water resources and energy to the greatest extent practicable. (Ord. 91-02 § 6, 1991) 6-4.27 The rights of the City. The rights of the City of Avenal hereunder shall be in addition to any other rights of the City under any other applicable laws. (Ord. 91-02 § 7, 1991) 6-4.28 Authorization to implement further restrictions. The City Council of the City is hereby authorized from time to time to implement by resolution such additional measures which are determined by the City Council to be necessary in order to ensure an adequate supply of water for use by citizens of the City and to ensure the health and safety of the citizens of the City. Measures may be implemented either City-wide or by specific zones. (Ord. 91-02 § 8, 1991) 6-4.29 Severability. If any section, subsection, sentence, clause, phrase, word or portion of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council of the City hereby declares that it would have adopted the ordinance codified in this article and all provisions hereof irrespective of the fact that any one or more of the provisions be declared invalid or unconstitutional. (Ord. 91-02 § 9, 1991) Article 4. Drought Relief Surcharge Program 6-4.30 Intent and findings. 6-4.31 Definitions. 6-4.32 Responsibilities of the Community Development Director. 6-4.33 Non-transferability of water estimate. 6-4.34 Time limit for using water estimate. 6-4.30 Intent and findings. (a) The intent of this chapter is to ensure that demand for water shall not exceed available supply and that the procurement of additional water supplies shall occur in a timely fashion. (b) The City of Avenal finds that due to the fifth consecutive year of drought which resulted in a fifty (50) percent reduction in water deliveries to the City, that providing water to new construction, expansions or new occupancies would create an excessive cost to the City.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 41 (c) The City of Avenal also finds that in order to allow for further development, the proposed water user shall pay a drought relief surcharge fee which will be used exclusively to purchase additional water. (d) The City of Avenal further finds that the imposition of such a fee, which will be used to secure additional water, is necessary to insure that the public health, safety and welfare would not be jeopardized. (e) Finally, upon adoption of this ordinance the building moratorium declared on March 14, 1991 shall become null and void. (Ord. 91-07 (part), 1991) 6-4.31 Definitions. The following definitions shall be used for interpreting this chapter: "Fee table" means a table that indicates the average annual water use of different land uses that is used in calculating how much water a proposed project needs over the next ten (10) years and how much it will cost. The table shall be developed and incorporated in this chapter by resolution as Exhibit "A." "Project" means new construction, additions to existing facilities, changes or intensification of use or occupancies in an existing facility, or demolition and replacement of existing facilities. "Water estimate" means the estimated water use of the proposed project over a ten (10) year period. (Ord. 91-07 (part), 1991) 6-4.32 Responsibilities of the Community Development Director. The Community Development Director is charged with: (a) Developing and periodically updating the fee table in a fair and reasonable manner; (b) Insuring that no building permits are issued unless the fee is paid. (Ord. 91-07 (part), 1991) 6-4.33 Non-transferability of water estimate. (a) Payment of the surcharge shall entitle the project proponent only to a specific project in a specific location. Minor amendments to projects which do not change the type or intensity of use may be approved so long as the amount of water does not increase and the project site and proponent do not change. (b) Payment of the surcharge shall entitle the project proponent to its water estimate for a specific project and cannot be transferred to another project, property, or person, except that a transfer to a new person may be allowed under the following circumstances, subject to City Council approval: (1) Death of the project proponent, in which case the water estimate may be transferred to the legal heirs; or (2) Bankruptcy of the project proponent, in which case the water estimate may be transferred to the creditors along with other project entitlement; (3) In both cases set out in subdivision (1) and (2) of this subsection, the Council may also authorize the transfer of the water estimate along with other project entitlements to a new developer. (c) Additionally, in cases of personal hardship not involving the death of the project proponent or bankruptcy, the Council may also authorize the transfer of the water estimate and other project entitlements to a new developer.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 42 (d) Personal hardship shall be defined as follows: (1) Unforeseeable circumstances beyond the control of the project proponent which place the proponent so near to bankruptcy that denial of the hardship application would force the proponent into bankruptcy. (2) A long-term serious illness or disability which incapacitates the proponent from completing the project. (e) A personal hardship may only be approved by the Council, after review by the Planning Commission. (f) Application for transfer of the water estimate as part of a hardship shall be made in writing by the project proponent and that following information shall be provided: (1) Nature of personal hardship; (2) Cause of hardship; (3) Circumstances of the personal hardship to justify the request. (g) A project proponent must be the record owner of a property in order to be eligible to obtain the water estimate. (h) The water estimate shall run with the project and the property and except as provided above may be transferred to a new person after final occupancy has been approved by the City. The project which has been approved by the City for phased development may be transferred with the project to a new person after a phase has been approved for final occupancy. (Ord. 91-07 (part), 1991) 6-4.34 Time limit for using water estimate. (a) The water estimate shall be available for the period in which the building permit is valid. Construction shall proceed with due diligence. (b) Extensions of this time limit or reissuance of expired water estimate can be granted by the Planning Commission only if the applicant can prove to the satisfaction of the Planning Commission that application for all necessary permits and construction were delayed due to hardship. In all cases the water estimate shall expire two (2) years from the date it is issued. (Ord. 91-07 (part), 1991)