Blythe Municipal Code Ch. 13.05 Water Conservation

Footnotes:

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Editor's note— Ord. No. 884, § 1, adopted August 8, 2017, repealed the former Chapter 13.05, §§ 13.05.010—13.05.110, and enacted a new Chapter 13.05 as set out herein. The former Chapter 13.05 pertained to similar subject matter [or X] and derived from Ord. No. 871, adopted May 26, 2015.

It is declared that due to the water conditions prevailing in the state of California, it is necessary and appropriate for the city council to adopt and implement a water conservation program to reduce the quantity of water used by persons in the city. Furthermore, the general welfare requires the reasonable and efficient use of the city's water resources, the waste or unreasonable use of water to be prevented, and the implementation of water conservation measures that will reduce water consumption within the city's service area.

(Ord. No. 884, § 1, 8-8-17)

The city council shall authorize and direct implementation of the applicable provisions of this chapter upon determination that such implementation is necessary to protect the public health, welfare and safety, or when any water shortage is declared by resolution by the city council or state of California.

(Ord. No. 884, § 1, 8-8-17)

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meaning hereinafter designated:

A. "City council" means the council of the city of Blythe.

B. "Customer" means any person, persons, association, corporation or governmental agency supplied and/or billed for water service by the city.

C. "Graywater" means untreated household wastewater which has not come into contact with toilet waste. Graywater includes used water from bathtubs, showers, bathroom wash basins and clothes washing machines.

D. "Landscape irrigation system" means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system.

E. "Persons" means any natural person or persons, corporation, public or private entity, governmental agency or intuition, including all agencies and departments of the city, or any other user of water provided by the city.

F. "Potable water" means water which is suitable for drinking.

G. "Recycled water" means treated domestic water (effluent) from a wastewater treatment plant that is suitable for a direct beneficial use or a controlled use that would not otherwise occur.

H. "Single pass cooling systems" means equipment where water is circulated only once to cool equipment before being disposed.

I. "Water shortage" means a determination by the city in consideration of the existing conditions of water production and/or an announcement by any state water agency.

(Ord. No. 884, § 1, 8-8-17)

The provisions of this chapter shall apply to all persons, customers or property, wherever situated, utilizing potable water provided by the city.

The provisions of this chapter do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services.

The provisions of this chapter do not apply to the use of recycled water.

The provisions of this chapter do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale.

(Ord. No. 884, § 1, 8-8-17)

A. For purposes of this chapter, it shall be presumed that a person, corporation or association in whose name the water service account with the city is or was last billed or who is receiving the economic benefit of said water supply will be responsible for complying with this chapter.

B. For the purposes of this chapter, a use of water by a tenant or by an employee, agent, contractor or other acting on behalf of a customer, whether with real or ostensible authority, shall be imputed to the customer.

(Ord. No. 884, § 1, 8-8-17)

The following activates are hereby prohibited at all times:

A. Allowing irrigation water to run off into a gutter, ditch, drain, driveway, sidewalk, street or onto pavement or other hard surface.

B. Outdoor irrigation of landscape on rainy days and following forty-eight hours of measurable rain.

C. Excess use, loss or escape of water through breaks, leaks, or other malfunctions in the plumbing system or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected.

D. Washing of automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment, unless done with a hand held hose equipped with a positive shutoff nozzle for quick rinses.

E. Restaurants serving water to their customers, except when specifically requested by their customers.

F. Operating a decorative water fountain or feature, built or installed after the adoption of the ordinance codified in this chapter that does not include re-circulated water.

G. Operating a commercial car wash or laundry, built or installed after the adoption of the ordinance codified in this chapter, that does not use re-circulated water.

H. Operating a single-pass cooling system built or installed after the adoption of the ordinance codified in this chapter.

I. Hotels, motels and other commercial lodging establishments shall not launder towels and linens daily, except when specifically requested by their customer.

J. Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, patio and alleys, except when necessary to alleviate safety or sanitary hazards.

K. The irrigation with potable water of ornamental turf on public street medians.

L. The irrigation with potable water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission.

(Ord. No. 884, § 1, 8-8-17)

A. Recycled water shall be used instead of potable water for landscaped irrigation, construction, dust control and other approved used to the extent feasible where recycled water is available to supply all or some of the water demand.

B. All restrictions resulting from any water shortage shall remain in effect until such time that the city council changes a particular restriction or declares that drought conditions no longer exist.

C. Additional restrictions may be implemented as determined by the city, after notice to customers.

(Ord. No. 884, § 1, 8-8-17)

None of the restrictions outlined in this chapter shall apply to the following:

A. The routine and necessary use of water by a governmental entity in pursuit of its functions for protecting the public health, safety and welfare. This exception does not apply to landscape irrigation by a governmental agency.

B. The necessary use of water for the routine maintenance and/or repair of water distribution facilities, residential and commercial plumbing and existing landscape irrigation systems.

C. The prohibited uses set forth in this subsection do not apply to Graywater. This provision shall not be construed to authorize the use of Graywater if such use is otherwise prohibited by law.

(Ord. No. 884, § 1, 8-8-17)

A. A review board is established to review hardship and special cases which cannot follow the letter of this chapter. The review board shall consist of any two of the following or their respective designees: Chief building inspector, finance director or public works director. Appeal of any board decision shall be made to the city manager.

B. It is the purpose of the review board to review hardship or special cases and to determine whether or not said case warrants an exemption. The decision of the review board shall be prepared in writing, include terms and conditions, if any, set forth findings in support of the decision, and are promptly sent to the applicant. The board shall consider the facts of each case and decide whether to grant an exemption within five working days of the receipt of a properly completed "application for exemption from mandatory water restrictions" form. The application must include pertinent information and a written statement for the applicant. An exemption shall be granted for reasons of economic hardship which is defined as, but not limited to, a threat to an individual business's primary source of income (but under no circumstances shall inconvenience or the potential for damage of landscaping be considered an economic hardship which justifies an exemption). An exemption may also be granted in the instances where the water use restrictions cannot be met without threatening public health or safety or there has been a significant change in the customer's circumstances. No exemption will be granted to any customer for any reason in the absence of a demonstration that the customer has achieved the maximum practical reduction in water consumption. The board shall authorize only the implementation of equitable water use restrictions which further the purpose and intent of the emergency water conservation plan. The special water use restrictions authorized by the board in each special or hardship case shall be set forth on the face of the exemption.

C. An exemption to any element of this chapter granted under any adequate water supply condition or water shortage condition shall not be valid upon implementation of any more sever water supply condition of this chapter. An exemption expires under its own terms and conditions.

D. Any person, corporation or association who is granted an exemption and makes use of the water utility of the city pursuant to said exemption shall provide proof of said exemption upon demand by any peace officer or person authorized by the city to enforce this chapter. Upon conviction of any person, corporation or association for violating any provision of this part, the review board shall revoke any exemption previously granted. However, the board shall notify applicant of the proposed revocation in writing no less than five working days before taking such action, and application shall be given the opportunity to be heard by the review board prior to its taking such action.

E. Persons wishing to appeal the decision of the board shall have the right of appeal to the city manager. Appeal shall be made in writing within ten working days of the board decision. The decision of the city manager shall be final.

(Ord. No. 884, § 1, 8-8-17)

A. Penalties. It is unlawful for any water customer to fail to comply with any of the provisions of this chapter. Notwithstanding any other provisions of the city code, the penalties set forth herein shall be exclusive and not cumulative with any other provisions of this code. Furthermore, any and all violations that occur on any one day shall be treated as one violation for the purposes of determining a penalty under subsection B. The penalties for failure to comply with the provisions of this chapter shall be set out in subsection B of this section.

B. Range of Penalties.

1. For the first violation by any customer of any of the provisions of Sections 13.05.030 and 13.05.070, the city shall issue a written notice of the fact of such violation to the customer.

2. For a second violation by any customer of any of the provisions of Sections 13.05.030 and 13.05.070 within the same twelve-month period beginning with the first violation, the city shall issue a final written notice of the fact of such violation to the customer.

3. For a third violation by any customer of any of the provisions of Sections 13.05.060 and 13.05.070 within the same twelve-month period beginning with the first violation, a surcharge in the amount of one hundred dollars shall be added to the customer's water bill.

4. For a fourth violation by any customer of any of the provisions of Sections 13.05.060 and 13.05.070 within the same twelve-month period beginning with the first violation, a surcharge in the amount one hundred and fifty dollars shall be added to the customer's water bill.

5. For a fifth and any subsequent violation by any customer of any of the provisions of Sections 13.05.060 and 13.05.070 within the same twelve-month period beginning with the first violation, a surcharge in the amount of two hundred dollars shall be added to the customer's water bill.

(Ord. No. 884, § 1, 8-8-17)