East Palo Alto Municipal Code Art. VI Conservation Plan

The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

"Excess runoff" means water accumulation on streets, gutters, neighboring properties or other surfaces in an amount to cause flow.

"New development" means any addition, extension, conversion or enlargement of an existing structure or any new construction requiring a building permit.

"Water user" means any person, customer or property served within the incorporated boundaries of the city and the area outside the city boundary served by the city water department.

(Ord. 253 § 6.1, 2001)

This chapter shall apply to all water users.

(Ord. 253 § 6.2, 2001)

Water users are deemed to have under control at all times their water distribution facilities and to know the manner and extent of their water use and excess runoff. In multiple dwellings, the owner is the water user in control of the premises and is in control and responsible for water usage.

(Ord. 253 § 6.3, 2001)

A phase I shortage is declared and conservation measures listed in this section are implemented when the city engineer declares a drought condition or the city of San Francisco formally notifies the city the supply from the Hetch Hetchy watershed has been reduced by at least twenty percent (20%). No water user within the city and the service area of the city water department shall knowingly make, cause use or permit the use of water for residential, commercial, industrial, agricultural or any other purpose in a manner contrary to this chapter or in any amount in excess of that use permitted by the conservation stages designated in this chapter. The conservation methods are as follows:

A. No water user shall cause or permit any water furnished to any property within the city and the city water department service area to run or to escape from any hose, pipe, valve, faucet, sprinkler or irrigation device onto any sidewalk, street or gutter or to otherwise escape from the property if such running or escaping can reasonably be prevented. If a break or leak occurs within the customer's plumbing or private distribution system, it shall be presumed that a period of forty-eight (48) hours after the consumer discovers such a break or leak or receives notice from the city water department of such a break or leak, whichever occurs first, is a reasonable time within which to correct such a break or leak. If such a break or leak is not corrected after forty-eight (48) hours, it will be a violation of this chapter.

B. Commercial and noncommercial watering of grass, lawns groundcover, open ground, shrubbery, crops, gardens and trees, including agricultural irrigation, in a manner or to an extent which allows substantial amounts of excess water to run off the area being watered is not permitted. A minimum amount of runoff that is a natural consequence of conservation watering, either by hand or mechanical sprinkling facilities is permitted so long as such runoff is not excess as defined.

C. Lawn watering, landscape irrigation and watering of public and private recreation facilities are to be done only between six p.m. and eight a.m. If a hand-held hose or drip irrigation system is used, watering may be done at any time.

D. Agricultural water users and commercial nurseries shall conduct watering between six p.m. and eleven a.m. If a hand-held hose or drip irrigation system is used, watering may be done at any time. Watering of livestock is permitted at any time.

E. There shall be no washing down of sidewalks, walkways, driveways, parking lots and other paved surfaces, except to alleviate immediate health, fire or sanitary hazards.

F. Restaurants may not serve water to their customers, except on specific request of the customer.

G. It is unlawful to remove, replace, alter or damage any water meter or any components thereof, including, but not limited to, the meter face, its dials or other water usage indicators and any flow-restricting devices installed.

H. Water from fire hydrants is not used for any purpose other than to fight fires or for other activities where such use is immediately necessary to maintain the health, safety and welfare of the residents of the city and customers of the city water system.

I. Schools, golf courses, governmental agencies, city parks and cemeteries, public or private, may be required to submit a copy of a water conservation plan and landscape irrigation schedules.

J. Washing of motor vehicles, trailers, boats and other equipment is done only with a hand-held bucket, or hose equipped with a positive shut-off nozzle for quick rinse, except that washing may be done with reclaimed wastewater or by a commercial car wash using recycled water.

K. No water is used to clean, fill or maintain levels in decorative fountains, ponds, lakes or other similar aesthetic structures, unless such water is part of a recycling system.

L. The filling or replenishment of swimming pools is permitted, but the property owner will be liable for any use of allotted water in excess of the phase II or phase Ill requirements.

M. The owner and operator of every hotel, motel, inn, guesthouse and short-term commercial lodging shall post a notice of water shortage and any necessary compliance measures.

(Ord. 253 § 6.4, 2001)

A. A phase II shortage is declared by the city engineer and the following conservation measures are implemented when the city of San Francisco notifies the city the Hetch Hetchy watershed has been reduced by at least forty percent (40%):

1. Conservation measures listed for a phase I shortage are in effect, except that the restrictions on watering lawns, landscapes and other turf area are modified to limit the watering only once every third day between the hours of six p.m. and six a.m.

2. Agricultural and commercial nurseries and golf courses are prohibited from watering lawns, landscapes, or commercial stocks more often than every other day and between the hours of ten a.m. and six p.m., except that there is no restriction of watering utilizing reclaimed wastewater.

B. No customer whose water is supplied by the city shall make, cause, use or permit the use of water for any purpose in an amount in excess of ninety percent (90%) of the amount of use on the customer's premises during the corresponding billing period during the prior calendar year.

C. Single-family residential customers supplied water by the city are not required to reduce consumption below fifteen (15) billing units per month during phase II.

(Ord. 253 § 6.5, 2001)

A. A phase Ill shortage is declared by the city engineer and the following conservation measures are implemented when the city of San Francisco notifies the city the Hetch Hetchy watershed has been reduced by at least sixty percent (60%):

1. Conservation measures listed for a phases I and II shortages are in effect, except that there is no watering of residential lawns, landscaping and other turf areas at any time except by bucket

2. Agricultural, commercial nurseries, golf courses, parks and other public open spaces and commercial landscaped areas are prohibited from watering more often than every third day and between the hours of ten a.m. and six p.m., except that there is no restriction on watering using reclaimed wastewater.

B. No customer whose water is supplied by the city shall make, cause, use or permit the use of water for any purpose in an amount in excess of eighty percent (80%) of the amount of use on the customer's premises during the corresponding billing period during the prior calendar year.

C. Single-family residential customers supplied water by the city are not required to reduce consumption below ten billing units per month during phase III.

(Ord. 253 § 6.6, 2001)

A. A water user may file an application for relief from this chapter. The city engineer shall develop such procedures as he/she considers necessary to resolve such applications in accordance with the terms of this section and shall, upon the filing by a water user of an application for relief, take such steps as he/she deems reasonable to resolve the application for relief. The city engineer may delegate his/her duties and responsibilities under this section as appropriate.

B. The application for relief may include a request that the water user be relieved, in whole or in part, from the water use curtailment of this chapter.

C. In determining whether to grant relief and the nature of any relief, the city engineer shall take into consideration the following:

1. Whether any additional reduction in water consumption will result in unemployment;

2. Whether additional members have been added to the household;

3. Whether any additional landscaped property has been added to the property since the corresponding billing period of the prior calendar year;

4. Changes in vacancy factors for multi-family housing;

5. Increased numbers of employees in commercial, industrial and governmental offices;

6. Increased production requiring increased process water;

7. Water uses during construction;

8. Adjustments to water use caused by emergency health and safety hazards;

9. First filling of a permit-constructed swimming pool; and

10. Water use necessary for reasons related to family illness or health.

D. In order to be considered, an application for relief must be in writing, filed with the city engineer within twenty (20) days from the date the provision from which relief is sought becomes applicable to the applicant. No relief is granted unless the water user shows that he/she has achieved the maximum practical reduction in water consumption other than in the specific areas in which relief is being sought. No relief is granted to any water user who, when requested by the city engineer, fails to provide any information necessary for resolution of the water user's application for relief. The decision is issued within fifteen (15) days and provided to the water user.

(Ord. 253 § 6.7, 2001)

The city will impose the following penalties to consumers in violation of this chapter:

A. The city water department shall give violators of this chapter a courtesy notice of the violation. Upon second and subsequent violations, the violator shall receive a citation and fine, respectfully.

B. The first citation shall specify the nature of the violation, the date on which it occurred and the corrective action taken. Upon a second citation, the water user is charged with an infraction and is subject to the following fines:

1. For the first violation, fifty dollars ($50.00);

2. For the second violation, one hundred dollars ($100.00);

3. For the third violation, two hundred dollars ($200.00), along with the installation of a flow restrictor at the customer's expense. A third violation constitutes a misdemeanor;

4. For a fourth violation, termination of water service. The charge for water service termination and restoration is one hundred dollars ($100.00).

C. For each violation by any water user of the water use curtailment provisions of this section, a surcharge is imposed in an amount equal to twenty-five percent (25%) of the portions of the water bill that exceed the respective percentages. This surcharge is paid to the city and is deposited in the water revenue fund as partial payment for the water department's conservation plan for that user.

(Ord. 253 § 6.8, 2001)

A. Any water user receiving notice of a second or subsequent violation of this chapter shall have a right to a hearing by the city engineer.

B. The water user's written request for a hearing must be received within ten days of the issuance of the notice of violation. This request shall stay installation of a flow-restricting device on the water user's premises and the imposition of any surcharge until the city engineer renders his/her decision. His/her decision is issued within fifteen (15) days after the hearing, and a copy is provided to the water user.

C. The decision of the city engineer may be appealed to the city manager by the water user filing with the city manager a written request within fifteen (15) days of receipt of the decision from the city engineer. Filing of such a request stays the implementation of any surcharge or installation of a flow-restrictor.

D. The appeal hearing will be scheduled to occur within a reasonable period of time following the filing of the appeal. No formal rules of evidence apply. All evidence customarily relied upon by reasonable persons in the conduct of serious business affairs will be allowed, and the water user may present any such evidence which shows the alleged wasteful water use has not occurred. The decision of the city manager will be given in writing to the water user within fifteen (15) days after the appeal hearing, and that decision is final.

(Ord. 253 § 6.9, 2001)

The city council may order implementation of water conservation measures in addition to those set forth in this chapter. Such additional measures are implemented by resolution published one time in a daily newspaper of general circulation covering the service area of the city water department. Any prohibitions on the use of water shall become effective immediately upon publication. The application of surcharges shall commence one month after the date the curtailment becomes effective.

(Ord. 253 § 6.10, 2001)

Nothing in this chapter is construed to require the city engineer to curtail water to any user when such water is required by that customer to maintain an adequate level of public health and safety. The rights of the city under this chapter are in addition to any other rights of the city under any other applicable laws.

(Ord. 253 § 6.11, 2001)