Brisbane Municipal Code Ch. 8.41 Water Conservation

Footnotes:

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Editor's note— Ord. No. 683, § 1, adopted Sept. 7, 2023, repealed the former Ch. 8.41, §§ 8.41.010—8.41.100, and enacted a new Ch. 8.41 as set out herein. The former Ch. 8.41 pertained to similar subject matter and derived from Ord. No. 589, § 1, adopted Sept. 2, 2014.

The purpose of this chapter is to establish standards and procedures for water conservation; assure the maximum beneficial use of city water supplies; enable the implementation of the city's responsive actions to drought conditions and/or water supply shortages ("shortage response actions"); facilitate compliance with requirements for voluntary or mandatory reductions during water shortages promulgated by a governing authority; ensure sufficient water supplies to meet the basic needs of human consumption, sanitation and fire protection; and protect the health, safety, welfare, and economic vitality of the city's customers.

Nothing in this chapter is intended to limit the ability of the city to respond to an emergency, including declaring or enforcing a water shortage emergency pursuant to Water Code Section 350, or to comply with other requirements promulgated by a governing authority.

(Ord. No. 683, § 1, 9-7-23)

The following definitions apply to this chapter:

A. "City" means the City of Brisbane and/or the Guadalupe Valley Municipal Improvement District.

B. "Director" means the director of the department of public works/city engineer of the city, or the director's designee.

C. "Shortage response actions" include the restrictions on water use in an adopted water shortage contingency plan. A reference to a particular stage of shortage response actions refers to the corresponding shortage level described in the water shortage contingency plan.

D. "Governing authority" means any entity—including, but not limited to, the SFPUC—that has the legal authority to limit the ability of the city to purchase and/or use water.

E. "Person" or "persons" means any natural person or persons, corporation, public or private entity, or any other user of water provided by the city.

F. "SFPUC" means the San Francisco Public Utilities Commission.

G. "Water shortage contingency plan" means a plan, as may be amended, to address water shortages, including a detailed description of increasingly restrictive shortage response actions, developed under the direction of the director and as amended.

(Ord. No. 683, § 1, 9-7-23)

The specifics of the water use restrictions are listed as shortage response actions contained in the water shortage contingency plan. The water shortage contingency plan shall be developed under the direction of the director and approved by the city council. The water shortage contingency plan may be amended as necessary, in the director's discretion, to better achieve the overall goals in this chapter or to comply with any terms of the water shortage contingency plan. The operative version of the water shortage contingency plan shall be posted as soon as possible on the city's website. The water shortage contingency plan is intended to comply substantially with the requirements of California Water Code Section 10609.60.

(Ord. No. 683, § 1, 9-7-23)

Nothing in this chapter shall limit the requirements of Chapter 8.40 (Water Waste), Chapter 15.70 (Water Conservation in Landscaping), or Chapter 15.72 (Indoor Water Conservation Regulations) of the Brisbane Municipal Code. These water conservation requirements are in effect at all times.

(Ord. No. 683, § 1, 9-7-23)

The director shall enforce this chapter. When the director has declared a drought shortage level, failure to comply with the shortage response actions shall be a violation of this chapter and may be subject to administrative penalties (as provided in Chapter 1.16 of the Brisbane Municipal Code and Water Code Section 71590) and may be prosecuted as a misdemeanor punishable by imprisonment in the county jail for not more than thirty (30) days and/or by a fine not exceeding one thousand dollars ($1,000.00) (as provided in Water Code Section 377).

Prior to, or in addition to imposing penalties as described above, the director may, in the director's sole discretion, take any or all of the following actions:

A. Written Warning: If the director determines that a person is using water in violation of this chapter, the city may send a written warning to the person that lists the name and address of the person on the account, identifies the wasteful use of water that violates the restrictions on water use currently in effect, requests that the person stop such wasteful use, informs the person about the process for applying for an exception from the requirements of this chapter, and informs the person that failure to comply with this chapter may result in the termination of service.

B. On-site Warning: The director may conduct an on-site visit to ascertain whether wasteful use of water is occurring. In the event that waste of water that violates the restrictions on water use current in effect is observed, and no exception has been granted, the director will make reasonable efforts to notify an adult residing at the property if a residential account or an adult working on the property if a non-residential account, and will issue a written on-site warning of wasteful water use. This warning will include a written warning hand-delivered to the adult on the premises or posted on the premises.

C. Termination of Water Service: In the event that city personnel observe continued waste of water that violates the restrictions on water use currently in effect occurring on the person's premises more than forty-eight (48) hours after the on-site warning, it shall be deemed to be a willful violation of the restrictions on water use currently in effect, and the director may authorize termination of water service.

D. Restoring Water Service: The reconnection charge established in the city's rate and fee schedule shall be paid before the city restores service. In addition, the person must have stopped the wasteful use of water and have paid all charges owed to the city under this chapter, and all other rates and fees owed, before the city restores water service.

E. Installation of Flow Restricting Device: The director may, in the director's sole discretion, install a water flow restricting device in the service line of a person who violates this chapter. Written notice will be provided to the person by hand delivery at least forty-eight (48) hours prior to installation of the flow restricting device. The flow restricting device will be up to one gallon per minute (1 GPM) capacity for services up to one and one-half (1.5) inch size and comparatively sized restrictors for larger services. The cost of installation of the flow restricting device shall be charged to the person.

These enforcement actions are in addition to any enforcement actions specified in the water shortage contingency plan.

(Ord. No. 683, § 1, 9-7-23)

Upon written application made to the director for an exception or adjustment to the requirements of this chapter, the director may grant, in the director's sole discretion, variances to a person who demonstrates that the person has adopted all reductions in water consumption that could practically be achieved. Any exception or adjustment shall not grant a special privilege inconsistent with the limitations placed upon similarly-situated persons. Exceptions or adjustments may also be granted if failure to do so would adversely affect the sanitation, fire protection, health, safety, or welfare of the public, or of the person applying for an exception or adjustment. The information required with the variance application will be specified in the water shortage contingency plan.

The denial of an application for an exception or adjustment may be appealed in writing to the city manager within thirty (30) days of the date of the notice of the denial of the application. The city manager shall grant or deny the appealed application within fifteen (15) days and shall mail notice thereof to the appellant as soon as practicable. The city manager's decision shall be final and non-appealable.

(Ord. No. 683, § 1, 9-7-23)