Brisbane Municipal Code Ch. 8.40 Water Waste

For the purposes of this chapter, the term "water waste" shall mean any of the following:

"Excessive irrigation of landscaping" means the irrigation of landscaping that allows water to accumulate on the surface and overflow into adjacent gutters, storm drains, driveways, sidewalks, streets, or other unlandscaped areas for a period of four (4) or more consecutive hours.

"Excessive watering of impervious surfaces" means watering so that water falls directly onto impervious surfaces to the extent that running water leaves the property and flows into adjacent gutters, storm drains, driveways, sidewalks, streets, or other conveyance for a period of four (4) or more consecutive hours.

"Failure to repair water leak" means the leakage of water from any broken or defective plumbing, sprinklers, watering or irrigation system for a period of forty-eight (48) hours during which the leak should reasonably have been discovered and corrected.

(Ord. 482 § 1(part), 2003).

It shall be unlawful for any person owning or in possession or control of any property in the city to commit or allow water waste upon or from that property and who fails to correct such water waste in the manner and within the time specified in a notice of correction given by the city pursuant to Section 8.40.030(B) of this chapter. The violation of this chapter is declared to be an infraction and a public nuisance.

(Ord. 482 § 1(part), 2003).

A. Enforcement Officers. In addition to any police officer or code enforcement officer, the public works director/city engineer and the director of community development, and their authorized representatives, shall have authority to enforce the provisions of this chapter.

B. Notice of Correction. Whenever an enforcement officer observes water waste occurring upon any property, the enforcement officer may issue a notice of correction to the owner or other person in possession and control of the property, or the portion thereof on which the water waste is occurring. The notice shall identify the nature of the water waste and the corrective action that needs to be taken to eliminate the waste. The notice shall include a time by which the corrective action must be completed, which shall generally conform with the following guidelines:

1. Excessive irrigation of landscaping or watering of impervious surfaces to be eliminated immediately by shutting off or redirecting the source of irrigation.

2. Water leaks to be eliminated by repair of the broken or defective system within forty-eight (48) hours, unless the enforcement officer determines that a longer period of time is reasonably necessary to complete the repair. In determining the time necessary to complete the repair, the enforcement officer shall take into consideration any special circumstances known to the officer, including, by way of example, the age, state of health, financial condition, and accessibility of the owner or person in possession and control of the property.

If the notice of correction is given to a person who is not the party responsible for the water service connection which is the source of the water waste, a copy of the notice shall be mailed to such responsible party at the billing address shown on the records of the city's finance department.

C. Penalties for Failure to Correct Water Waste. Any person receiving a notice of correction who fails to eliminate the water waste as required by the notice shall be guilty of an infraction, punishable by the fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16 and 1.18 of this code. Such fines and penalties may be added to the water bill for the service connection which is the source of the water waste. In addition to the foregoing, the city may exercise any other rights or remedies provided by law for violations of this code, including civil nuisance abatement proceedings.

(Ord. 482 § 1(part), 2003).

(Ord. No. 554, § 25, 1-18-11)

Any person receiving a notice of correction or a citation issued pursuant to this chapter may file an appeal to the city manager within ten (10) days after receipt of the notice or the citation to challenge the determination that water waste is occurring, or the corrective actions required to eliminate such waste, or the amount of the fine imposed for the violation. The city manager, or his designated representative, shall conduct an administrative hearing within fifteen (15) days after the filing of the appeal and shall render a written decision thereon within ten (10) days after the conclusion of the hearing. With the consent of the appellant, the matter may be continued if additional time is needed for the city manager to evaluate the appeal. The decision of the city manager shall be final.

(Ord. 482 § 1(part), 2003).