Beverly Hills Municipal Code Art. 3 Emergency Water Conservation Plan

A. The City Manager is hereby authorized and directed to implement the applicable provisions of this article in order to protect the public health, safety, and welfare under the following conditions:

1. In the event of an unforeseeable disaster or water emergency such as an earthquake, reservoir failure or other major disruption in the water supply, the City Manager is authorized to implement the emergency provisions of this article.

2. In the event of a foreseeable water emergency, such as an extended drought, the City Manager is authorized to implement the applicable provisions of this article, after holding a public hearing before the City Council.

B. The City Manager is authorized to determine and declare that a water shortage emergency exists in any or all parts of the City of Beverly Hills and upon such determination, to promulgate such regulations, rules and conditions relative to the time of using water, the purpose or purposes for which it may be used and such other necessary limitations as will, in his or her opinion, relieve the water shortage in such part or parts of the City.

C. The City Council may review and affirm, reverse, or modify any determination made or regulations, rules or conditions promulgated by the City Manager pursuant to this article.

D. All references to the City Manager in this article shall mean the City Manager or his or her designee. (Ord. 92-O-2139, eff. 4-2-1992; amd. Ord. 20-O-2819, eff. 10-16-2020)

A. No person shall use or permit the use of water from the City for residential, commercial, industrial, governmental, or any other purposes in violation of any provision of this article or in an amount in excess of the use that is permitted by the water conservation stages defined below.

B. The provisions of this article shall apply to all persons, customers and property served by the City of Beverly Hills, Public Works Department - Utilities Division wherever situated. (Ord. 15-O-2677, eff. 6-18-2015; amd. Ord. 20-O-2819, eff. 10-16-2020)

A. Water conservation stages shall be determined by the amount of water available or the potential for water interruption. The City Manager shall monitor the supply and demand for water by customers. When the City Manager determines that the requirements to declare a water shortage exist, he or she shall recommend that City Council adopt a resolution to declare the appropriate water conservation stage be adopted.

B. The resolution shall specify the water use baseline for determining the water conservation measures required by Section 9-4-303 and the water revenue stabilization factors to be applied pursuant to Section 9-4-304. The water use baseline shall be determined based upon such factors as deemed appropriate by the City, including the characteristics of a local emergency, or as otherwise mandated by the State of California or other regulatory agency, or by the Metropolitan Water District of Southern California.

C. The City Council may modify by resolution any of the requirements contained in the stages of water conservation set forth in section 9-4-303 and 9-4-304 of this article if the City Council determines that the modification is in the best interests of the City or is appropriate to promote compliance with any applicable water use regulation.

D. The resolution to declare a water shortage exists shall be published within ten (10) days after its adoption at least once in a newspaper of general circulation within the City and shall be posted in at least three (3) public places. The resolution shall continue to be posted until such time as City Council repeals the resolution.

E. Except as otherwise may be provided by this article or a resolution adopted by the City Council or pursuant to the exercise of emergency powers authorized by Article 1 of Chapter 4 of the Municipal Code, any resolution that requires a reduction in the use of water shall not become effective for at least thirty (30) days. (Ord. 15-O-2677, eff. 6-18-2015; amd. Ord. 20-O-2819, eff. 10-16-2020)

Upon the declaration of a water conservation stage, the water conservation reductions shall be implemented. The water conservation reductions for each water conservation stage and each class are described in the following table:

Water Conservation Reductions By Class

Additional compliance elements for each water conservation stage are described below.

A. Stage A Requirements:

1. A stage A shortage shall be declared when the City Manager determines that a five percent (5%) citywide reduction in potable water use is required.

2. Stage A compliance may include voluntary reduced irrigation, notification of hotel and restaurant patrons of water conservation goals, and use of reclaimed water for construction purposes.

B. Stage B Requirements:

1. A stage B shortage shall be declared when the City Manager determines that a ten percent (10%) citywide reduction in potable water use is required.

2. Stage B compliance shall include the following mandatory elements:

a. All public restrooms in the City and private bathrooms in hotels shall notify patrons and employees of water conservation goals;

3. Violation by any person of the stage B mandatory requirements shall constitute an infraction and, upon conviction, shall be punished by a fine not to exceed one hundred dollars ($100.00). The violation of each element, and each separate violation thereof, shall be deemed a separate offense, and shall be punished accordingly.

C. Stage C Requirements:

1. A stage C shortage shall be declared when the City Manager determines that a twenty percent (20%) citywide reduction in potable water use is required.

2. Stage C compliance elements shall include the following mandatory elements:

a. All public restrooms in the City and private bathrooms in hotels shall notify patrons and employees of water conservation goals;

b. Water usage from fire hydrants shall be limited to firefighting, related activities or other activities necessary to maintain the public health, safety and welfare;

c. Landscape irrigation shall be restricted to selected days and times as determined by the City Manager, unless such irrigation uses reclaimed wastewater.

3. Violation by any person of the stage C mandatory requirements shall constitute a misdemeanor and, upon conviction, shall be punished by a fine not to exceed five hundred dollars ($500.00). Water supply through irrigation water services may be terminated for continued excessive use. The violation of each element, and each separate violation thereof, shall be deemed a separate offense, and shall be punished accordingly.

D. Stage D Requirements:

1. A stage D shortage shall be declared when the City Manager determines that a thirty percent (30%) or higher citywide reduction in potable water use is required.

2. Stage D compliance elements shall include the following mandatory elements:

a. All public restrooms in the City and private bathrooms in hotels shall notify patrons and employees of water conservation goals;

b. Landscape irrigation shall be restricted to selected days and times as determined by the City Manager, unless such irrigation uses reclaimed wastewater;

c. Refilling of swimming pools, spas or ponds shall be prohibited unless required for health or safety reasons;

d. Exterior washdown of vehicles shall be prohibited unless:

(1) Using a reclaimed water system;

(2) Performed in accordance with an alternative plan that promotes water conservation and is approved in writing by the Director of Public Works or his/her designee; or

(3) Required to meet laws or governmental regulations to protect health and safety, such as the cleaning of garbage trucks and vehicles to transport food.

e. Water usage from fire hydrants shall be limited to firefighting, related activities or other activities necessary to maintain the public health, safety and welfare;

f. Exterior washdown of buildings shall be prohibited unless:

(1) Using a reclaimed water system and such washing is done: a) no more than once per month for retail building frontage; b) no more than twice per year for office and commercial buildings; c) no more often than is necessary to comply with health laws and regulations for the building frontage of food service uses; or d) no more than once per year for residential structures solely for the purpose of preparing a residential structure for painting.

(2) Using a commercial glass and window cleaner.

g. Exterior washdown of sidewalks and the pavement of outdoor dining areas shall be prohibited unless using a reclaimed water system and such washing is done no more often than is necessary to comply with health laws and regulations.

3. Violation by any person of the stage D mandatory requirements shall constitute a misdemeanor and, upon conviction, shall be punished by a fine not to exceed one thousand dollars ($1,000.00). Continued excessive use may result in termination of water supply through irrigation water services and/or restriction of water supply through domestic meters. The violation of each element, and each separate violation thereof, shall be deemed a separate offense, and shall be punished accordingly.

4. For purposes of this article, "reclaimed water system" shall mean a system that initially uses potable water and then collects the runoff, treats the runoff, and uses the runoff for nonpotable uses for multiple cycles.

E. Stage E Requirements:

1. A stage E shortage shall be declared when the City Manager determines that a catastrophic interruption of potable water supply has occurred or is foreseen.

2. The City Manager shall have emergency water allocation authority in the case of a stage E declaration. This authority shall include the authority to

interrupt service to any property or City service zone in order to provide the maximum water supply for human health and safety needs. A Stage E declaration will include mandatory shutoff of all irrigation-only service connections.

3. In allocating water, the City Manager shall give first priority to health and safety needs of water utility customers. Subsequent water uses are prioritized to provide water supply first to maintain and expand commerce within the City, then to enhance the aesthetics of the environment, and then to facilitate construction activities.

4. Violation by any person of the stage E emergency water conservation regulations shall constitute a misdemeanor and, upon conviction, shall be punished by a fine not to exceed one thousand dollars ($1,000.00) and six (6) months in jail. The violation of each element, and each separate violation thereof, shall be deemed a separate offense, and shall be punished accordingly. (Ord. 18-O-2761, eff. 11-16-2018; amd. Ord. 20-O-2819, eff. 10-16-2020)

Upon the declaration of a water conservation stage, the water shortage revenue stabilization factors shall be implemented. The water shortage revenue stabilization factors for each water conservation stage and each class shall be multiplied by the then applicable quantity charge rate for each customer as described in the following table:

Revenue Stabilization Factors By Water Conservation State And Class

(Ord. 20-O-2819, eff. 10-16-2020)

A. The City shall give notice of violation to the person committing a violation of this article as follows:

1. Notice of violation of any water usage percentage reduction provisions shall be given in writing by regular mail.

2. Notice of violation of any other mandatory requirement listed in section 9-4-304 of this article shall be given in writing in the following manner:

a. By giving the notice to the customer personally; or

b. If the customer is absent from or unavailable at the premises at which the violation occurred, by leaving a copy with some person of suitable age and discretion at the premises and sending a copy through the regular mail to the address at which the customer is normally billed; or

c. If a person of suitable age or discretion cannot be found, then by affixing a copy in a conspicuous place at the premises at which the violation occurred and also sending a copy through the regular mail to the address at which the customer is normally billed.

B. The notice shall contain a brief description of the facts of the violation and a statement of the possible penalties for each violation and a statement informing the customer of his or her right to a hearing on the merits of the violation pursuant to section 9-4-306 of this article. (Ord. 92-O-2139, eff. 4-2-1992; amd. Ord. 20-O-2819, eff. 10-16-2020)

Any person receiving notice of a violation of any water usage percentage reduction provision set forth in section 9-4-304 of this article shall have the right to request a hearing to appeal the violation. The City Council shall establish the appeal procedures by resolution. (Ord. 09-O-2567, eff. 6-27-2009; amd. Ord. 20-O-2819, eff. 10-16-2020)

After holding a public hearing before the City Council, the City Manager may order implementation of water conservation measures including, or in addition to, those set forth in section 9-4-303 of this article, in order to encourage proper potable water use or to meet water conservation goals, regardless of supply. (Ord. 92-O-2139, eff. 4-2-1992; amd. Ord. 20-O-2819, eff. 10-16-2020)

Nothing in this article shall be construed to require the City to curtail the supply of water to any customer when such water is required by that customer to maintain an adequate level of public health and safety. (Ord. 09-O-2567, eff. 6-27-2009; amd. Ord. 20-O-2819, eff. 10-16-2020)