Hawaiian Gardens Municipal Code Ch. 13.19 Water Conservation Measures

For purposes of this chapter, the following terms shall be defined as follows:

City means the City of Hawaiian Gardens.

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.

Person means any natural person, corporation, public or private entity, governmental agency or institution that uses water in the City.

Potable water means water which is suitable for drinking.

Recycled water means the reclamation and reuse of nonpotable water for beneficial use.

(Ord. 529 § 4, 2009)

A. The provisions of this chapter apply to persons within the City.

B. The provisions of this chapter do not apply to:

1. The use of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services;

2. The use of recycled water, with the exception of Section 13.19.040(A); and

3. The use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale.

(Ord. 529 § 4, 2009)

The City Administrator, through the City's various officers, departments, commissions, and agencies, is authorized and directed to implement the applicable provisions of this chapter.

(Ord. 529 § 4, 2009)

The following water conservation requirements are effective at all times and are permanent. Violations of this section shall be considered waste and an unreasonable use of water.

A. Watering frequency. Watering or irrigating of lawn, landscape or other vegetated area with potable water more than once on any day is prohibited.

B. Watering hours. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 10:00 a.m. and 5:00 p.m. Pacific Standard Time on any day, except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time not to exceed five minutes at a time for the express purpose of adjusting or repairing an irrigation system.

C. Watering duration. Watering or irrigating of lawn, landscape or other vegetated area with potable water using stream rotator-type or a gear-driven sprinkler is limited to no more than 15 minutes per day, per station, or no more than ten minutes per day, per station for all other types of sprinklers. This subsection does not apply to landscape irrigation systems that exclusively use very low-flow drip type irrigation systems when no emitter produces more than two gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70 percent efficiency standard.

D. Water flow or runoff. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited. Leaving water or a water hose running is prohibited. As used in this subsection, "excessive" means water flow or runoff that goes beyond the ordinary amount when watering or irrigating lawns, landscapes, or other vegetated areas. The City Administrator, through the City's various officers, departments, commissions, and agencies, shall exercise reasonable discretion in determining excessive water flow or runoff.

E. Washing hard or paved surfaces. Washing hard or paved surfaces, including, but not limited to, sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited, except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device, or a low-volume, high-pressure cleaning machine equipped to recycle any water used.

F. Obligation to fix leaks, breaks or malfunctions. Excessive use, loss or escape of water through breaks, leaks or other malfunctions in plumbing or distribution systems for a period of time after the break, leak or malfunction that should have been reasonably discovered and corrected, and in no event more than 96 hours of receiving notice from the City, is prohibited. It shall be the duty of all persons to inspect all hoses, faucets, sprinkler systems, and plumbing or distribution systems for breaks, leaks or other malfunctions. As used in this subsection, "excessive" means use, loss or escape of water through breaks, leaks or other malfunctions in plumbing or a distribution system that exceed 50 gallons per day.

G. Recirculating water required for water fountains and decorative water features. Operating a water fountain, pond, or other decorative water feature that does not use recirculated water is prohibited. Legally existing nonconforming water fountains or water features may continue in existence for three months following the effective date of the ordinance codified in this chapter.

H. Washing vehicles. Using water to wash or clean a vehicle, including, but not limited to, any automobile, truck, van, bus, motorcycle, boat, or trailer, whether motorized or not, is prohibited, except by use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing water shut-off nozzle or device. This subsection does not apply to commercial car wash facilities.

I. Drinking water in public eating or drinking establishments. Providing drinking water to any person is prohibited by an eating or drinking establishment, including, but not limited to, a restaurant, hotel, café, cafeteria, bar, club or other public place where food or drinks are sold, served, or offered for sale, unless expressly requested by the person.

(Ord. 529 § 4, 2009)

Persons found in violation of any provision of this chapter shall be issued a notice of violation-warning on the first violation. Any subsequent violation by a person for the same offense within one year of the first violation shall be subject to a civil administrative fine in the amount specified in Section 1.13.070 (civil fines, late charges—collection of fees and costs) of this Code and as required by Chapter 1.13 of Title 1 of this Code. Administrative hearings shall be conducted within 30 days after the request for hearing form is filed and the civil fine is deposited with the City or an advance hardship waiver is issued. Any third violation and subsequent violations by a person for the same offense within one year of the first violation shall be guilty of a misdemeanor unless such offense is charged as an infraction.

(Ord. 529 § 4, 2009)

A. Undue and disproportionate hardship. If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person or to a property upon which water is used, that is disproportionate to the impacts to persons generally or to a similar property or classes of water users, then the person may apply for a waiver to the requirements as provided in this section.

B. Written finding. The waiver may be granted or conditionally granted upon the City Administrator's, or designee's, written finding of the existence of facts demonstrating an undue hardship to a person or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the person or the person's property.

1. Application. Application for a waiver shall be submitted to the City Administrator on a form prescribed by the City and accompanied by a nonrefundable processing fee in an amount set by City Council.

2. Supporting documentation. The application shall be accompanied by a written statement of the applicant and may be accompanied by photographs, maps, drawings, and/or other relevant information.

3. Required findings for waiver. The City Administrator, or designee, shall approve an application for a waiver if the City Administrator, or designee, finds, based on the information provided in the application, the applicant's statement, supporting documents, or such additional information as may be requested, and on water use information for the property, all of the following:

a. That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other persons;

b. That because of the special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property or use that exceeds the impacts to persons generally;

c. That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the City to effectuate the purpose of this chapter and will not be detrimental to the public interest; and

d. That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature.

4. Approval authority. The City Administrator, or designee, shall act upon any completed waiver application no later than ten days after submittal and may approve, conditionally approve, or deny the waiver. The City Administrator, or designee, shall promptly notify the applicant in writing of any action taken. The decision shall be served by first class mail and shall be deemed served on the date the decision is deposited with the United States Postal Service. The failure of the applicant to receive a properly addressed decision shall not invalidate the City Administrator's, or designee's, decision.

C. Appeal to City Council. Any decision of the City Administrator, or designee, conditionally approving or denying a hardship waiver application under this section, may be appealed to the City Council. A written notice of appeal, a written summary of the basis of the appeal, and any documents supporting the appeal shall be filed with the City Clerk within 14 days of the decision by the City Administrator, or designee. The City Council shall hold a hearing on the appeal, and the appellant shall be given at least ten days' notice of such hearing. The hearing shall be held under the rules of procedure adopted by the City Council. The City Council shall have the authority to sustain, modify, or overrule the decision of the City Administrator, or designee. The appellant shall be notified of the decision in writing and the decision shall set forth the reasons for the decision. The decision shall be served by first class mail and shall be deemed served on the date the decision is deposited with the United States Postal Service. Any decision rendered by the City Council under this section shall be final.

(Ord. 529 § 4, 2009)

All fines and revenues collected pursuant to the penalty provisions of Chapter 1.13 of Title 1 of this Code for violations of this chapter shall be directed to the City's general fund.

(Ord. 529 § 4, 2009)