Corona Municipal Code Ch. 13.26 Water Conservation

(A) The City Council finds and determines that because of the prevailing conditions in the State, and the declared policy of the state, it is necessary and appropriate for the city to adopt, implement, and enforce a water conservation program to reduce the quantity of water used by persons within the city to ensure that there is sufficient water for human consumption, sanitation, and fire protection. The City Council further finds and determines that during periods of drought, water shortages, and water shortage emergencies the general welfare requires that the city maximize the beneficial use of its available water resources to the extent that it is capable, and that the waste or unreasonable use, or unreasonable method of use of water shall be prevented and the conservation of water is to be extended with the view to the reasonable and beneficial use thereof in the interests of the people of the city and for the public health, safety, and welfare.

(B) This chapter establishes water conservation and drought response measures and regulations to be implemented during declared water conservation stages.

(C) This chapter establishes five stages of water conservation and drought response measures to be implemented by the city, with increasing restrictions on water use in response to decreasing water supplies and worsening drought conditions.

(Ord. 2962 § 2 (part), 2009.)

(A) The purposes of the water conservation provisions of this Chapter 13.26 are to:

(1) Protect the health, safety, and welfare of the citizens and property owners of the city;

(2) Assure the maximum beneficial use of city water supplies; and

(3) Attempt to provide sufficient water supplies to meet the basic needs of human consumption, sanitation, and fire protection.

(B) This Chapter 13.26 is not intended to repeal, abrogate, annul, impair or in any way interfere with the free use of property by covenant, deed, or other private agreement or with restrictive covenants running with the land to which the city provides water services.

(C) The provisions of this Chapter 13.26 shall apply to all persons within the city and all property served by the city wherever situated.

(D) Nothing in this Chapter 13.26 is intended to affect or limit the ability of the city to respond to an emergency, including an emergency that affects the ability of the city to supply water.

(Ord. 2962 § 2 (part), 2009.)

For the purposes of this Chapter 13.26, the following words, terms, and phrases shall have the following meanings:

(A) "Appellant” means the person appealing a decision of the approving authority, General Manager, or other designated city official for relief from the requirements of this Chapter 13.26.

(B) “Approving authority” means the General Manager or his or her designee, charged with approving or denying written applications for relief.

(C) “Base year consumption amount” means the total amount of water delivered to the property of each customer in the prior fiscal year, as determined by the city.

(D) “Conservation offset” means the implementation of proven conservation techniques which, when installed, will result in a reduction equal to demand of the proposed use.

(E) “Enforcement officer” means any individual employed or otherwise charged by the city to inspect or enforce codes, ordinances, mandates, regulations, resolutions, rules or other laws adopted by the City Council or other regulatory bodies.

(F) “General Manager” means the General Manager of the Department of Water and Power or his or her authorized designee.

(G) “Person” means any natural person, firm, joint venture, joint stock company, partnership, public or private association, club, company, corporation, business trust, organization, public or private agency, government agency or institution, school district, college, university, any other user of water provided by the city, or the manager, lessee, agent, servant, officer or employee of any of them or any other entity which is recognized by law as the subject of rights or duties.

(H) “Potable water” means water which conforms to federal, state, and local standards for human consumption.

(I) “Property owner” or “owner” means the record owner of real property as shown on the most recently issued equalized assessment roll.

(J) “Reclaimed water” means water which, as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefore considered a valuable resource.

(K) “Reclaimed water distribution system” means a piping system intended for the delivery of reclaimed water exclusively and which is separate from any potable water distribution system.

(L) “Relief' means excuse from compliance with the regulations and restrictions on water use contained in this Chapter 13.26.

(M) “Responsible person” shall mean a natural person or legal entity who causes, maintains or allows a violation(s) of the city code to occur or continue by action or failure to act. A responsible person includes, but is not limited to, the owner, tenant, co-tenant, lessee, sub-lessee or other person with any right to possession of the property where a city code violation that is related to the use or condition of property occurs, the on-site manager who normally works daily at the site when the business is open and is responsible for the activities at such premises, and the owner, majority stockholders, corporate officers, trustees and general partners of a legal entity. There may be more than one responsible person for a violation.

(N) “State” means the State of California.

(O) “Water customer” or “customer” means a person who, according to the city's records, receives water service to a parcel of property.

(P) “Water shortage emergency” means a condition existing within the city in which the ordinary water demands and requirements of persons within the city cannot be satisfied without depleting the water supply of the city to the extent that there would be insufficient water for human consumption, sanitation, and fire protection. A water shortage emergency includes both an immediate emergency, in which the city is unable to meet current water needs of persons within the city, as well as a threatened water shortage, in which the city determines that its supply cannot meet an increased future demand.

(Q) “Watering Window” means a period of time established by the city within a particular water conservation stage regarding allowed water usage for outdoor irrigation.

(Ord. 3199 § 2, 2015; Ord. 2962 § 2 (part), 2009.)

(A) It is unlawful at any time for any person to make, cause, or use or permit the use of water from the city for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this chapter, or in an amount in excess of that use permitted by the water conservation stages which are in effect pursuant to this chapter or by action taken by the General Manager in accordance with this chapter. The water conservation and drought response measures set forth in this section shall be in effect at all times.

(B) It is unlawful at any time for any person to waste water or to use it unreasonably. Unreasonable uses of water shall include, but are not limited to, the following practices:

(1) Allowing water to leave a person's property by drainage onto adjacent properties or public or private roadways or streets due to excessive irrigation and/or uncorrected leaks;

(2) Failing to repair a water leak; and

(3) Using water to wash down sidewalks, driveways, parking areas, tennis courts, patios or other paved areas, except to alleviate immediate safety or sanitation hazards.

(4) The application of potable water to outdoor landscapes during and within 48 hours after rainfall measuring one-half (1/2) inch or more.

(C) A water conservation stage shall be determined in accordance with the provisions of this chapter. A water conservation stage shall remain in full force and effect until otherwise determined or discontinued by the General Manager based upon a finding that existing water supply conditions and the supply of water available for distribution within the city's service area has been replenished or augmented.

(D) The city may declare a water shortage emergency during any water conservation stage.

(E) During Water Conservation Stage 1, the water conservation and drought response measures of Water Conservation Stage 2 are voluntary and will be enforced through local and regional public education and awareness measures by the city.

(F) During Water Conservation Stages 2 through 5, the water conservation and drought response measures of each and every previous water conservation stage are mandatory and violations are subject to criminal, civil, and administrative penalties and remedies as specified in this Chapter 13.26 and state law.

(Ord. 3199 § 3, 2015; Ord. 2962 § 2 (part), 2009.)

Water Conservation Stage 1 is also referred to as a "Normal Water Supply" and applies during periods when the City is able to meet all of the water demands of its customers. Water Conservation Stage 1 is in effect at all times unless the General Manager otherwise declares that another water conservation stage is in effect pursuant to this Chapter 13.26. Water is a limited natural resource and must be used efficiently and economically to meet the health and safety needs of the community. All normal water efficiency programs and water conservation regulations of the city, including the city's landscape design guidelines for commercial and industrial developments as may be adopted from time to time, will be in full force and effect during Water Conservation Stage 1. In addition, lawns and/or ground cover may be watered and landscaping may be irrigated for private properties, parks, and the public right-of-ways, only between the hours of 8:00 p.m. and 10:00 a.m., if the watering and irrigation is performed with potable water. This restriction shall not apply to watering and irrigation performed with reclaimed water.

(Ord. 3199 § 4, 2015; Ord. 2992 § 2, 2009; Ord. 2962 § 2 (part), 2009.)

(A) Water Conservation Stage 2 is also referred to as a “Minimum Water Shortage” and applies during periods when a reasonable probability exists that the city will not be able to meet all of the water demands of its customers. Water Conservation Stage 2 may be caused by, but is not limited to, any or all of the following circumstances or events:

(1) A regional water supply shortage exists and a regional public outreach campaign is being implemented asking or requiring all persons to reduce water use;

(2) Groundwater wells are inoperable or unusable (such as by power outages, mechanical failure, or contamination);

(3) Alternative water supplies are limited or unavailable; and

(4) Groundwater levels or groundwater quality is approaching levels which may require augmentation of the groundwater basin or other actions necessary to protect the groundwater basin as prescribed by the California Department of Water Resources, the Department of Public Health, the State or Regional Water Quality Control Board, Riverside County, or some other regulatory body.

(B) The objective of the measures undertaken in Water Conservation Stage 2 is to reduce water system consumption within the city by 10% to 15% as determined and recommended by the General Manager.

(C) Except as otherwise provided in this section, all water conservation and drought response measures of Water Conservation Stage 1 shall be in full force and effect during Water Conservation Stage 2. Upon declaration of a Water Conservation Stage 2 by the General Manager, implementation by the city and publication of notice, the following water conservation and drought response measures shall apply:

(1) The city shall determine the base year consumption amount. Water customers shall reduce their water consumption by ten to fifteen percent, as determined and recommended by the General Manager, from the base year consumption amount for the duration of Water Conservation Stage 2. Provided, however, the base year consumption amount for any subsequent fiscal year shall be determined by the city as appropriate in the event that the city is required to continue the Water Conservation Stage 2 for more than 12 months.

(2) Lawns and/or ground covers may be watered and landscaping may be irrigated, including construction meter irrigation, for a maximum of 20 minutes per day only during the following designated watering windows and designated days:

(a) Except as specified in division (C)(2)(d), lawns and/or ground cover may be watered and landscaping may be irrigated for properties with odd number street addresses, parks and the public right-of-ways, only on Saturdays, Mondays and Wednesdays between the hours of 8:00 p.m. and 10:00 a.m.;

(b) Except as specified in division (C)(2)(d), lawns and/or ground cover may be watered and landscaping may be irrigated for properties with even number street addresses only on Sundays, Tuesdays and Thursdays between the hours of 8:00 p.m. and 10:00 a.m.;

(c) Except as specified in division (C)(2)(d), watering lawns and/or ground cover and irrigating landscaping is prohibited on Fridays and on any day of the week outside of the designated watering windows set forth in divisions (C)(2)(a) and (b) hereof; and

(d) Notwithstanding (C)(2)(a), (b) and (c), a government agency may water lawns and/or ground cover and irrigate landscaping on three days per week of the agency's choosing, only between the hours of 8:00 p.m. and 10:00 a.m.

(3) All irrigation timers shall be adjusted to comply with the provisions of division (C)(2) hereof.

(4) Notwithstanding the provisions of division (C)(2), the use of reclaimed water to irrigate fruit trees, lawns and ground covers, and ornamental trees and shrubs is permitted on any day and at any time. Reclaimed water shall not be permitted to run into city streets or the city storm water conveyance system.

(5) All open hoses shall be equipped with automatic, positive, shut-off nozzles.

(6) All swimming pools, spas, ponds, and fountains shall be equipped with re-circulating pumps.

(7) All plumbing leaks, improperly adjusted sprinklers, or other water conduits/fixtures that require repair or adjustment shall be corrected to the satisfaction of the city.

(8) No person shall use water to wash down sidewalks, driveways, parking areas, tennis courts, patios, or other paved or hard surface areas, except to alleviate immediate fire or sanitation hazards.

(9) No person shall allow water to leave his or her property by drainage onto adjacent properties or public or private roadways or streets due to excessive irrigation and/or uncorrected leaks.

(10) The washing of automobiles, trucks, trailers, boats, airplanes and other types of mobile equipment, is permitted at any time with a hand-held bucket or a hand-held hose equipped with an automatic, positive, shut-off nozzle for quick rinses. Washing may be done at any time on the immediate premises of a commercial car wash or commercial service station, or by a mobile car wash or on-site car wash using high pressure washing equipment.

(11) Use of water from fire hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain the health, safety, and welfare of the public.

(12) All restaurants are prohibited from serving water to their patrons except when specifically requested by the patrons.

(13) Construction operations receiving water from a construction meter or water truck shall not use water unnecessarily for any purpose other than those required by regulatory agencies. Construction projects requiring watering for new landscaping materials shall adhere to the designated irrigation requirements set forth in division (C)(2) hereof.

(Ord. 3199 § 5, 2015; Ord. 2996 § 2, 2009; Ord. 2962 § 2 (part), 2009.)

(A) Water Conservation Stage 3 is also referred to as a "Moderate Water Shortage" and applies during periods when the city will not be able to meet all of the water demands of its customers. Water Conservation Stage 3 may be caused by, but is not limited to, any or all of the following circumstances or events:

(1) A regional or statewide water supply shortage exists and a regional public outreach campaign is being implemented asking or requiring all persons to reduce water use;

(2) Groundwater wells are inoperable or unusable (such as by power outages, mechanical failure, or contamination);

(3) Alternative water supplies are limited or unavailable; and

(4) Groundwater levels or groundwater quality is approaching levels which may require augmentation of the groundwater basin or other actions necessary to protect the groundwater basin as prescribed by the California Department of Water Resources, the Department of Public Health, the State or Regional Water Quality Control Board, Riverside County, or some other regulatory body.

(B) The objective of the measures undertaken in Water Conservation Stage 3 is to reduce water system consumption within the city by 16% to 30% as determined and recommended by the General Manager.

(C) Except as otherwise provided in this § 13.26.070, all water conservation and drought response measures of Water Conservation Stages 1 and 2 shall be in full force and effect during Water Conservation Stage 3. Upon declaration of a Water Conservation Stage 3 by the General Manager, implementation by the city and publication of notice, the following water conservation and drought response measures shall apply:

(1) Water customers shall reduce their water consumption by 16% to 30%, as determined and recommended by the General Manager, from the base year consumption amount for the duration of Water Conservation Stage 3. Provided, however, the base year consumption amount for any subsequent fiscal year shall be determined by the city as appropriate in the event that the city is required to continue the Water Conservation Stage 3 for more than 12 months.

(2) Lawns and/or ground covers may be watered and landscaping may be irrigated, including construction meter irrigation, for a maximum number of minutes per day as determined by the General Manager and announced pursuant to § 13.26.100 only during the following designated watering windows and designated days:

(a) Except as specified in division (C)(2)(d), lawns and/or ground cover may be watered and landscaping may be irrigated for properties with odd number street addresses, up to three days per week as determined by the General Manager and announced pursuant to § 13.26.100, and only on Saturdays, Mondays and Wednesdays between the hours of 8:00 p.m. and 10:00 a.m.;

(b) Except as specified in division (C)(2)(d), lawns and/or ground cover may be watered and landscaping may be irrigated for properties with even number street addresses up to three days per week as determined by the General Manager and announced pursuant to § 13.26.100, and only on Sundays, Tuesdays and Thursdays between the hours of 8:00 p.m. and 10:00 a.m.;

(c) Except as specified in division (C)(2)(d), watering lawns and/or ground cover and irrigating landscaping is prohibited on Fridays and on any day of the week outside of the designated water windows set forth in divisions (C)(2)(a) and (b) hereof and per the General Manager's direction; and

(d) Notwithstanding divisions (C)(2)(a), (b) and (c), a government agency may water lawns and/or ground cover and irrigate landscaping on day(s) of the agency's choosing, only between the hours of 8:00 p.m. and 10:00 a.m., on up to three days per week, as determined by the General Manager and announced pursuant to § 13.26.100. The General Manager is authorized to reduce the number of designated watering days set forth in division (C)(2)(a), (b), (c) and (d), which will be announced pursuant to § 13.26.100.

(3) Notwithstanding the provisions of division (C)(2) hereof, the use of reclaimed water to irrigate fruit trees, lawns and ground covers, and ornamental trees and shrubs is permitted on any day and at any time. Reclaimed water shall not be permitted to run into city streets or the city storm water conveyance system.

(4) Irrigation timers shall be adjusted to comply with the provisions of division (C)(2) hereof.

(5) The overfilling of swimming pools and spas is prohibited. The filling or refilling of ornamental ponds, streams, and artificial lakes is prohibited.

(6) The operation of any ornamental fountain or similar structure is prohibited except for short periods of time to prevent damage, unless the fountain recirculates water.

(7) Construction projects requiring water from a construction meter or a water truck shall only use reclaimed water except as approved by the General Manager and shall not use water unnecessarily for any purposes other than those required by regulatory agencies. Construction projects requiring water for new landscapes shall adhere to the designated days and watering windows as set forth in division (C)(2) hereof. Further, construction projects necessary to maintain the health, safety, and welfare of the public, as determined by the city, are exempt from these regulations.

(Ord. 3199 § 6, 2015; Ord. 2996 § 2, 2009; Ord. 2962 § 2 (part), 2009.)

(A) Water Conservation Stage 4 is also referred to as a "Severe Water Shortage" and applies during periods when the city will not be able to meet all of the water demands of its customers. Water Conservation Stage 4 may be caused by, but is not limited to, any or all of the following circumstances or events:

(1) A regional or statewide water supply shortage exists and a regional public outreach campaign is being implemented asking or requiring persons to reduce water use;

(2) Groundwater wells are inoperable or unusable (such as by power outages, mechanical failure, or contamination);

(3) Alternative water supplies are limited or unavailable;

(4) Groundwater levels or groundwater quality is approaching levels which may require augmentation of the groundwater basin or other actions necessary to protect the groundwater basin as prescribed by the California Department of Water Resources, California Department of Public Health, the Regional Water Quality Control Board, Riverside County, or some other regulatory body; and

(5) A major failure of any supply or distribution facility, whether temporary or permanent, occurs in the water distribution system of the State, the Metropolitan Water District of Southern California, the Western Municipal Water District, or city water facilities.

(B) The objective of the measures undertaken in Water Conservation Stage 4 is to reduce water consumption within the city by 31% to 40% as determined and recommended by the General Manager.

(C) Except as otherwise provided in this § 13.26.080, all water conservation and drought response measures of Water Conservation Stages 1, 2, and 3 shall be in full force and effect during Water Conservation Stage 4. Upon declaration of a Water Conservation Stage 4 by the General Manager, implementation by the city and publication of notice, the following water conservation and drought response measures shall apply:

(1) Water customers shall reduce their water consumption by 31% to 0% from the base year consumption amount for the duration of the Water Conservation Stage 4. Provided, however, the base year consumption amount for subsequent fiscal years shall be determined by the City as appropriate in the event that the city is required to continue the Water Conservation Stage 4 for more than 12 months.

(2) Irrigation of landscaping shall be limited to supporting minimal survival of trees and shrubs. Landscaping may be irrigated, including construction meter irrigation, for a maximum number of minutes per day as determined by the General Manager and announced pursuant to § 13.26.100 only during the following designated watering windows and designated day:

(a) Except as specified in division (C)(2)(d), properties with odd number street addresses may irrigate landscaping only up to three days per week as determined by the General Manager and announced pursuant to § 13.26.100, and only on Saturdays, Mondays and Wednesdays between the hours of 8:00 p.m. and 10:00 a.m.;

(b) Except as specified in division (C)(2)(d), properties with even number street addresses may irrigate landscaping only up to three days per week as determined by the General Manager and announced pursuant to § 13.26.100, and only on Sundays, Tuesdays and Thursdays between the hours of 8:00 p.m. and 10:00 a.m.;

(c) Except as specified in division (C)(2)(d), irrigating landscaping is prohibited on Fridays and outside the designated watering windows set forth in divisions (C)(2)(a) and (b).

(d) Notwithstanding divisions (C)(2)(a), (b), and (c), a government agency may water lawns and/or ground cover and irrigate landscaping on day(s) of the agency's choosing, only between the hours of 8:00 p.m. and 10:00 a.m., on up to three days per week as determined by the General Manager and announced pursuant to § 13.26.100. The General Manager is authorized to reduce the number of designated watering days set forth in division (C)(2)(a), (b), (c) and (d), which will be announced pursuant to § 13.26.100.

(3) Notwithstanding the provisions of division (C) hereof, the use of reclaimed water to irrigate fruit trees, lawns and ground covers, and ornamental trees and shrubs is permitted on any day and at any time. Reclaimed water shall not be permitted to run into city streets or the city storm water conveyance system.

(4) All outdoor watering and irrigation of lawns and ground covers is prohibited with the exception of plant materials classified and determined by the City Manager to be rare, exceptionally valuable, or essential to the well-being of the public at large or rare animals, and for which relief has been otherwise granted pursuant to § 13.26.150.

(5) The washing of automobiles, trucks, trailers, boats, airplanes and other types of mobile equipment is prohibited. Washing is permitted at any time on the immediate premises of a commercial car wash. Commercial car washes shall only use partially reclaimed or recycled water for washing automobiles, trucks, trailers, boats, airplanes and other types of mobile equipment. Further, such washings are exempt from these regulations where the health, safety and welfare of the public is contingent upon frequent vehicle cleanings, such as garbage trucks and vehicles used to transport food and perishables.

(6) The filling, refilling, or adding of water to swimming pools and spas or ornamental ponds, streams, and artificial lakes is prohibited.

(7) The operation of any ornamental fountain, pond, or similar structure is prohibited except for short periods of time to prevent damage.

(8) The use of water for cooling mists is prohibited.

(9) The use of water for commercial, manufacturing, or processing purposes shall be reduced in volume by an amount determined by the General Manager.

(10) No new construction meters will be issued. Construction water shall not be used for earth work, road construction purposes, dust control, compaction, or trenching jetting. Construction projects necessary to maintaining the health, safety, and welfare of the public, as determined by the city, are exempt from these regulations.

(11) Provided the City Council has declared a water shortage emergency pursuant to California Water Code Sections 350 et seq., except as to property for which a building permit has been heretofore issued, no new building permit(s) shall be provided, except in the following circumstances:

(a) For projects necessary to protect the public's health, safety, and welfare, as determined by the city;

(b) When using reclaimed water;

(c) When the recipient of the building permit can demonstrate that no net increase in water use will occur; or

(d) Where the recipient of the building permit provides a conservation offset. A conservation offset may be effected by paying a fee established by the city in an amount necessary to cover the cost of implementing conservation techniques or acquiring alternative water sources. The fee will be based on the conservation offset required for an equivalent dwelling unit. Such fee shall apply to residential as well as commercial and industrial buildings, and may be adjusted from time to time as determined by the city.

(Ord. 3199 § 7, 2015; Ord. 2996 § 2, 2009; Ord. 2962 § 2 (part), 2009.)

(A) Water Conservation Stage 5 is also referred to as a “Critical Water Shortage” and applies during periods when the city will not be able to meet all of the water demands of its customers. Water Conservation Stage 5 may be caused by, but is not limited to, any or all of the following circumstances or events:

(1) A regional or statewide water supply shortage exists and a regional public outreach campaign is being implemented asking or requiring all persons to reduce water use;

(2) Groundwater wells are inoperable or unusable (such as by power outages, mechanical failure, or contamination);

(3) Alternative water supplies are limited or unavailable;

(4) Groundwater levels or groundwater quality is approaching levels which may require augmentation of the groundwater basin or other actions necessary to protect the groundwater basin as prescribed by the California Department of Water Resources, California Department of Public Health, Regional Water Quality Control Board, Riverside County, or some other regulatory body; and

(5) A major failure of any supply or distribution facility, whether temporary or permanent, occurs in the water distribution system of the State, the Metropolitan Water District of Southern California, the Western Municipal Water District, or city water facilities and the city cannot meet all of the water demands of its customers.

(B) The objective of the measures undertaken in Water Conservation Stage 5 is to reduce water consumption by forty percent or more as determined and recommended by the General Manager.

(C) Except as otherwise provided in this section, all water conservation and drought response measures of Water Conservation Stages 1, 2, 3, and 4 shall be in full force and effect during Water Conservation Stage 5. Upon declaration of a Water Conservation Stage 5 by the City Council, implementation by the city and publication of notice, the following water conservation and drought response measures shall apply:

(1) Water customers shall reduce their water consumption by 41% or more from the base year consumption amount for the duration of Water Conservation Stage 5. Provided, however, the base year consumption amount for subsequent fiscal years shall be determined by the city as appropriate in the event that the city is required to continue the Water Conservation Stage 5 for more than 12 months.

(2) All outdoor watering and irrigation of lawns and ground cover, and landscaping is prohibited, with the exception of the use of recycled water to irrigate fruit trees, lawns and ground covers, and ornamental trees and shrubs, which is permitted on any day and at any time. Recycled water shall not be permitted to run into city streets or the city storm water conveyance system.

(3) Provided the City Council has declared a water shortage emergency pursuant to California Water Code Sections 350 et seq., the city shall not allow any new connections to the water system during Water Conservation Stage 5.

(Ord. 2962 § 2 (part), 2009.)

(A) The General Manager, or his or her designee, shall monitor the projected supply and demand for water by its customers on a regular basis during periods of a water shortage or drought and shall determine the extent of the conservation required through the implementation and/or termination of particular water conservation stages to prudently plan and supply water to its customers. Thereafter, the General Manager may order the implementation or termination of the appropriate water conservation stage.

(B) The declaration of any stage beyond Water Conservation Stage 1 shall be made by the General Manager. The city shall make a public announcement of the applicable Water Conservation Stage, which shall be published a minimum of one time for three consecutive days in a daily newspaper of general circulation. Such declaration and notice shall provide the extent, terms, and conditions respecting the use and consumption of water in accordance with the applicable water conservation stage as provided in this Chapter 13.26. Upon such declaration and publication of such notice, due and proper notice shall be deemed to have been given each and every person supplied water within the City. The water conservation stage designated shall become effective immediately upon announcement.

(C) The declaration of a water shortage emergency during any water conservation stage shall be made in accordance with California Water Code Sections 350 et seq.

(Ord. 3199 § 8, 2015; Ord. 2962 § 2 (part), 2009.)

(A) It shall be unlawful for any person to willfully violate the provisions of this chapter. A violation of any of these provisions shall be a misdemeanor subject to imprisonment in the county jail for not more than 30 days or by fine not to exceed $1,000, or by both, as provided in California Water Code Section 377.

(B) In addition to any remedies or enforcement measures provided by state law or in this chapter, any violation of this chapter is subject to the provisions of Chapters 1.08 and 1.09 of the Corona Municipal code.

(C) In addition to any other remedies provided in this code or available under applicable law, the city can alternatively seek injunctive relief in the Superior Court or take enforcement action, including discontinuing or appropriately limiting water service to any customer, for violations of this chapter.

(Ord. 2962 § 2 (part), 2009.)

(A) In addition to or in conjunction with the notice of violation provided pursuant to the provisions of Chapter 1.08, for a first violation of any provision of this chapter, within two weeks of the violation:

(1) The city may send an enforcement officer or provide written notice to the property owner, customer, occupant, or responsible person of the property where the violation occurred to advise such person of:

(a) The water conservation stage then in effect and the provisions of this chapter relating thereto;

(b) Water conservation and drought response measures that are required and may be implemented pursuant to this chapter;

(c) Possible consequences and actions which may be taken by the city for future violations of this chapter, including discontinuance of water service;

(d) Penalties that may be imposed for the specific violation and any future violations of this chapter; and

(2) If the General Manager or his or her designee deems it to be appropriate, the city may order the installation of a flow-restricting device on the service line for any person who violates any term or provision of this chapter.

(B) In addition to or in conjunction with the notice of violation provided pursuant to the provisions of Chapter 1.08, for a second or any subsequent violation of this chapter, within two weeks of the violation:

(1) The city may send an enforcement officer or provide written notice to the property where the violation occurred to notify the property owner, customer, occupant of the property, or responsible person where the violation occurred to advise such person of:

(a) The water conservation stage then in effect and the provisions of this chapter relating thereto;

(b) The water conservation and drought response measures that are required and may be implemented by such person; and

(c) Possible consequences, which may occur in the event of any future violations of this chapter;

(2) If the General Manager or his or her designee deems it to be appropriate, the city may order the installation of a flow-restricting device on the service line for any person who violates any term or provision of this chapter; and

(3) If the General Manager or his or her designee deems it to be appropriate, the city may discontinue water service at the location where the violation occurred.

(C) The city may, after one written notice of violation, order that a special meter reading or readings be made in order to ascertain whether wasteful or unreasonable use of water is occurring.

(D) All moneys collected under § 13.26.140 shall be deposited in a special account of the city and shall be made available for enforcement of this chapter.

(E) The city may, at its option, elect to petition the Superior Court to confirm any order establishing administrative penalties and enter judgment in conformity therewith in accordance with the provisions of Sections 1285 to 1287.6, inclusive, of the California Code of Civil Procedure.

(Ord. 2962 § 2 (part), 2009.)

(A) In addition to any other remedies provided in the Code, any violation of this chapter may be enforced by civil action brought by the city.

(B) In any such action, the city may seek, and the court may grant, as appropriate, any or all of the following remedies:

(1) A temporary and/or permanent injunction;

(2) Assessment of the violator for the costs of any investigation, which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this section;

(3) Any other costs incurred in enforcing the provisions of this chapter; and

(4) Any other action the city deems appropriate to protect the general welfare and the city's water supplies, and to reduce water consumption in accordance with this chapter and the declared policies and laws of the State.

(C) Assessments under this subsection shall be paid to the city to be used exclusively for costs associated with implementing or enforcing the water conservation and regulatory provisions of this chapter.

(Ord. 2962 § 2 (part), 2009.)

(A) The General Manager or his or her designee shall serve an invoice for costs upon the person or responsible person who is subject to a notice of violation, a cease and desist order, or an administrative compliance order. An invoice for costs shall be immediately due and payable to the city. If any person or responsible person fails to either pay the invoice for costs or appeal successfully the invoice for costs in accordance with this chapter, then the city may institute collection proceedings. The invoice for costs may include reasonable attorneys' fees.

(B) The city shall impose any other penalties or regulatory fees, as fixed from time to time by resolution of the City Council, for a violation or enforcement of this chapter.

(C) In addition to the costs which may be recovered pursuant to § 1.08.022 of the Code, and in order to recover the costs of the water conservation regulatory program set forth in this chapter, the City Council may, from time to time, fix and impose by resolution fees and charges. The fees and charges may include, but are not limited to, fees and charges for:

(1) Any visits of a water conservation specialist, enforcement officer, or other city staff for time incurred for meter reading, follow-up visits, or the installation or removal of a flow-restricting device;

(2) Monitoring, inspection, and surveillance procedures pertaining to enforcement of this chapter;

(3) Enforcing compliance with any term or provision of this chapter;

(4) Reinitiating service at a property where service has been discontinued pursuant to this chapter;

(5) Processing any fees necessary to carry out the provisions of this chapter; and

(6) Any other necessary and appropriate fees and charges to recover the cost of providing the city's water conservation regulatory program.

(Ord. 2962 § 2 (part), 2009.)

Consideration of written applications for relief from compliance (“relief”) regarding the regulations and restrictions on water use set forth in this Chapter 13.26 may be made by the city.

(A) Written applications for relief shall be accepted, and may be granted or denied, by the approving authority at his or her sole discretion. The application shall be in a form prescribed by the city and shall be accompanied by a non-refundable processing fee in an amount as determined by resolution of the City Council for the purpose of defraying the costs incidental to the review proceedings related thereto.

(B) The grounds for granting or conditionally granting an application for relief are:

(1) A customer has reduced water usage to the minimum feasible level but cannot reduce usage by the amount required by then-current mandatory water conservation stage declared pursuant to this chapter due to the number of people in the household or medical necessity, where “reduced water usage to the minimum feasible level” shall mean that the customer has installed xeriscaping or other low-water landscaping (or has ceased watering other types of landscaping), high efficiency water-using appliances, water-efficient toilets, water-saving faucet devices, and low-flow shower heads, and is complying in all other respects with the requirements of this chapter; or

(2) Due to unique circumstances other than those described in division (1) above, a specific requirement of this chapter would result in undue hardship to a person using city water or to property upon which city water is used, that is disproportionate to the impacts to other city water users generally or to similar property or classes of water users; or

(3) Failure to grant a relief would adversely affect the health, sanitation, fire protection, or safety of the applicant or the public.

(C) The application for a relief shall be accompanied, as appropriate, with photographs, maps, drawings, and other information substantiating the applicant's request, including a statement of the applicant. Provided, however, the city may request such other additional information as it deems appropriate in order to process and/or review the application for relief

(D) An application for a relief shall be denied unless the approving authority finds, based on the information provided in the application, supporting documentation, or such other additional information as may be requested, and on water use information for the property as shown by the records of the city, all of the following:

(1) That the relief does not constitute a grant of special privilege inconsistent with the limitations upon other city customers.

(2) That because of special circumstances applicable to the property or its use, comprising any of the circumstances set forth in division (B) of this section, the strict application of this chapter would have a disproportionate impact on

(a) The property or use that exceeds customers generally; or

(b) The applicant's health that exceeds customers generally.

(3) That the authorization of such relief will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the city to effectuate the purposes of this chapter and will not be detrimental to the public interest.

(4) That the condition or situation of:

(a) The subject property or the intended use of the property for which the relief is sought is not common, recurrent, or general in nature; or

(b) The applicant's health or safety is not common, recurrent, or general in nature.

(E) The denial or grant of a relief shall be acted upon within 15 business days of the submittal of the complete application, including any photographs, maps, drawings, and other information substantiating the applicant's request and the statement of the applicant. The application may be approved, conditionally approved, or denied, subject to division (G) of this section. The decision of the approving authority shall be prepared in writing, include terms and conditions, if any, set forth findings in support of the decision, and be promptly sent to the applicant.

(F) The denial of a request for a relief may be appealed in writing to the City Manager. An appeal shall be made in accordance with the following procedures:

(1) The appellant shall complete and submit in writing a form provided by the city for such purpose and shall state in such form the grounds for his or her appeal. The form shall be accompanied by a non-refundable processing fee in an amount as determined by resolution of the City Council for the purpose of defraying the costs incidental to the proceedings. All appeals shall be submitted to the City Clerk within 30 calendar days of the date of the notice of the denial of the request for a relief.

(2) The City Manager, or his or her designee, shall review the appeal and any related information provided, and, if necessary, cause an investigation and report to be made concerning the request for a relief The City Manager, or his or her designee, shall have 15 calendar days from the submission of the appeal to render a decision on whether to grant or deny the appeal and mail notice thereof to the appellant. The decision shall be prepared in writing, include terms and conditions, if any, and set forth findings in support of the decision.

(3) The decision of the City Manager, or his or her designee, may be appealed by the appellant to the City Council. Such appeal must be submitted in writing on the appropriate city form and filed with the City Clerk within 15 calendar days of the date of decision of the City Manager, or his or her designee. The form shall be accompanied by a non-refundable processing fee in an amount as determined by resolution of the City Council for the purpose of defraying the costs incidental to the proceedings. The City Council shall conduct a hearing on such appeal at its next regularly scheduled City Council meeting; provided, however, the City Council shall have received the notice of appeal at least 15 calendar days prior to such meeting. If the appeal is not submitted within at least 15 calendar days prior to a regularly scheduled City Council meeting, then the hearing shall be held at the following regularly scheduled City Council meeting. A notice of the hearing shall be mailed to the appellant at least ten calendar days before the date fixed for the hearing. The City Council shall review the appeal de novo. The determination of the City Council shall be conclusive. Notice of the determination by the City Council shall be mailed to the appellant within ten calendar days of such determination, indicate whether the appeal has been granted in whole or in part, set forth the terms and conditions of the relief, if any, granted to the appellant, and set forth findings in support of the decision. If the appeal is denied in its entirety, the appellant shall comply with all terms and conditions of this chapter and the applicable water conservation stage then in effect.

(4) Until the conclusion of the appeal process, all provisions and decisions under appeal shall remain in full force and effect until the conclusion of the appeal process.

(G) Any grant of a request for relief shall be conditioned upon the continued existence of the facts and circumstances which formed the grounds for granting relief, as provided in this section. The approving authority may revoke any grant of relief if such facts and circumstances are determined no longer to exist.

(Ord. 2962 § 2 (part), 2009.)

(A) Subject to available funds, the City Manager, or his or her designee, is authorized to develop, promote, and administer water conservation programs to encourage and assist persons in conserving water. The water conservation programs may include, but are not limited to, the following:

(1) Installing, or providing rebate programs for the installation of, water saving devices and irrigation systems in the landscaped areas of residential, commercial, industrial, and public property and public rights-of-way;

(2) Replacing landscaping and turf with drought tolerant plant material and water efficient landscaping;

(3) Developing educational programs to promote water conservation; and

(4) Converting, where financially and technically feasible, potable water distribution systems to recycled water distribution systems for landscaped areas of residential, commercial, industrial, and public property and public rights-of way.

(B) The City Manager shall prepare and implement policies and procedures governing any water conservation program established pursuant to this § 13.26.160.

(C) The City Manager is authorized to enter into agreements relating to such water conservations programs, provided such agreements are approved as to form by the City Attorney.

(D) The expenditure of funds for any water conservation program shall be subject to the provisions of Chapter 3.08, as applicable, and any other provisions of the Municipal Code restricting the expenditure of city funds.

(Ord. 2962 § 2 (part), 2009.)

If provisions of this Chapter 13.26 are in conflict with each other, other provisions of the code, any other resolution or ordinance of the city, or any State law or regulation, the more restrictive provisions shall apply.

(Ord. 2962 § 2 (part), 2009.)

If any provision, section, subsection, sentence, clause or phrase or sections of this chapter, or the application of same to any person or set of circumstances, is for any reason held to be unconstitutional, void or invalid, the invalidity of the remaining portions of sections of this Chapter 13.26 shall not be affected, it being the intent of the City Council in adopting this Chapter 13.26 that no portions, provisions, or regulations contained herein shall become inoperative, or fail by reason of the unconstitutionality of any other provision hereof, and all provisions of this chapter are declared to be severable for that purpose.

(Ord. 2962 § 2 (part), 2009.)