Hillsborough Municipal Code Ch. 13.16 Water Conservation

Footnotes:

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Editor's note— Ord. No. 725, § 2, adopted June 8, 2015, amended chapter 13.16 in its entirety to read as herein set out. Former chapter 13.16, §§ 13.16.010—13.16.060, pertained to similar subject matter. See the Code Comparative Table for complete derivation.

The city council of the town finds and determines that:

A. The state of California and the town received average precipitation during winter 2015-2016 which somewhat alleviated but did not end drought conditions;

B. On January 17, 2014, the governor issued a proclamation of a state of emergency under the California Emergency Services Act based on drought conditions;

C. On April 25, 2014, the governor issued a proclamation of a continued state of emergency under the California Emergency Services Act based on continued drought conditions;

D. On April 1, 2015, the governor issued an executive order that, in part, directs the state water resources control board (water board) to impose restrictions on water suppliers to achieve a statewide 25 percent reduction in potable urban usage from June 1, 2015, through February 29, 2016 (compliance period);

E. On May 5, 2015, the state water board adopted Resolution No. 2015-0032, an emergency regulation for statewide urban water conservation that requires urban water suppliers to reduce water use, effective June 1, 2015;

F. Based on monthly water use reports submitted to the state water board by Hillsborough beginning in June 2014, the state water resources control board found Hillsborough's residential water use to be three hundred twenty-four and a half gallons per capita per day;

G. Per Resolution No. 2015-0032, the town was required to reduce its total potable water production by thirty-six percent during the compliance period as compared to the amount used in the same time period in 2013 ("reduction requirement");

H. On May 9, 2016, Governor Brown's Executive Order B-37-19 directed state agencies to update temporary emergency water restrictions, such as State Water Board Resolution No. 2015-0032 which had imposed a thirty-six percent mandatory water use reduction on Hillsborough, and transition to permanent, long-term improvement in water use;

I. On May 18, 2016, the state water board adopted Resolution No. 2016-0029, which established a framework for wholesale and urban water suppliers to self-certify water supply, demand and conservation standards through Water Year 2019, the result of which is that the town is no longer subject to the reduction requirement;

J. On May 26, 2016, the San Francisco Public Utilities Commission (SFPUC) also requested that all of its customers participate in a system-wide, voluntary, ten percent reduction of water use as compared to 2013 in order to maintain drought readiness, should persistent drought conditions return;

K. By June 15, 2016, the SFPUC, which is Hillsborough's sole wholesale water supplier, using the state's resolution methodology, certified that the Hetch Hetchy water system had sufficient supply to meet customer demand through 2019, in the event of three more consecutive drought years;

L. The state water board can issue informational orders, conservation orders or cease and desist orders to the town for failure to meet the State Water Board Resolution No. 2016-0029 requirements, and violation of a cease and desist order is subject to a civil liability of up to ten thousand dollars a day; and

M. The rules, regulations and prohibitions set forth herein are intended to conserve water for the town for the greatest public benefit with particular regard to indoor domestic use, sanitation and fire protection.

(Ord. No. 725, § 2, 6-8-2015; Ord. No. 737, § 1, 6-13-2016; Ord. No. 740, § 1, 7-11-2016)

A. "Town" means the Town of Hillsborough.

B. "City council" means the city council of the Town of Hillsborough.

C. "Customer" means the owner(s) and any person, individual, firm, partnership, association, corporation, company, organization, or governmental or other entity, whether within or without the geographic boundaries of the Town of Hillsborough, who uses water supplied by the Town of Hillsborough.

D. "Total potable water production" means all potable water that enters into the town's distribution system, excluding water placed into storage and not withdrawn for use during the reporting period or water exported outside the town's area.

E. "Water use" shall mean use of potable water delivered to a customer by the town through its water distribution system.

F. "Water unit" ("Unit") is one hundred cubic feet ("CCF") or seven hundred forty-eight gallons of water.

(Ord. No. 725, § 2, 6-8-2015)

A. All customers are urged and encouraged to conserve water in order that the town will meet the SFPUC 10 percent voluntary reduction requirement.

B. Customers are urged to use reclaimed water rather than town potable water for consolidation of backfill and other construction purposes.

C. Customers are urged to postpone pool, landscape and hot tub construction projects when mandatory rationing is in force, and all water used for the maintenance of new landscape and construction projects must be within the amount allotted when mandatory rationing is in force.

D. Customers are urged to postpone pool draining when mandatory rationing is in force. Alternatively, residents may fill the pool using water other than that from the town's potable water supply.

E. Customers are encouraged to consult with irrigation specialists and/or utilize water audits to obtain recommendations for optimizing indoor and outdoor water use and conservation.

(Ord. No. 725, § 2, 6-8-2015; Ord. No. 736, § 1, 5-9-2016; Ord. No. 740, § 2, 7-11-2016)

Chapter 15.29 of the Hillsborough Municipal Code establishes mandatory outdoor water conservation measures for new construction and permitted, rehabilitated landscapes with irrigated areas greater than two thousand five hundred square feet. In the event of any inconsistency between Chapter 13.16 and Chapter 15.29, the provisions of this chapter shall prevail.

Exceptions to landscape requirements within the Hillsborough Municipal Code may be granted by the director of building and planning on a case by case basis while this urgency ordinance is in effect, based upon the finding that implementation of required landscaping would result in a violation of this chapter. Exceptions must be applied for in writing to the director of building and planning prior to the required implementation time and include a water budget as outlined in Chapter 15.29.

(Ord. No. 725, § 2, 6-8-2015)

From and after June 1, 2015, through May 31, 2016, water use for each residential and non-residential parcel shall be limited to the water allotment for such parcel. From and after May 31, 2016, water use for residential and non-residential parcels shall no longer be limited to the water allotment for such parcels. Water allotments for properties provided water by the Hillsborough water department shall be determined by the following method:

A. For residential parcels, the sum of the following:

1. For individuals residing on the parcel for at least six months of the year:

Thirty-six units per year per individual.

2. Outdoor water allotment will be determined as follows:

* See Section 13.16.030, F.

B. For the purposes of determining indoor residential water allotments, the town will assume three individuals per residential parcel. Residents with more than three individuals residing at the parcel for at least six months of the year may have their indoor residential water allotments adjusted by submitting the request in writing in the form and format provided by the town and signing an affidavit stating the number of residents the applicant claims reside at the parcel for at least six months of the year.

C. Nonresidential parcels shall reduce water use in the same percentage as required by the town. Nonresidential parcels may, at their option and expense, have water allotments determined by a water auditor approved by the public works director.

D. The monthly distribution of the annual outdoor allotments will be adjusted to reflect average weather conditions defined as evapotranspiration minus effective rainfall for a period greater than ten years, based on local California Irrigation Management Information System weather data. This distribution will result in monthly water usage targets, a schedule of which will be provided by the town to each residential customer.

E. Parcel size shall be determined by the county assessor's database or by the legal description of the parcel in a deed recorded in the office of the county recorder of San Mateo County.

(Ord. No. 725, § 2, 6-8-2015; Ord. No. 736, § 2, 5-9-2016; Ord. No. 737, § 2, 6-13-2016)

A. A customer shall incur no penalty for water use during the period of October 1, 2015, through May 31, 2016.

B. For purposes of determining whether a penalty is incurred, and if so the amount thereof, a customer will be allowed to accumulate water usage for three consecutive monthly billing periods, commencing with the month of July 2015 (the "three month period") and again for the thirteen consecutive monthly billing periods commencing with the month of October 2015 (the "thirteen month period"). If the result of such accumulation is that water usage for the three month period is less than the target for such period, there shall be no penalty for the three month period. There shall be no penalty based solely upon water usage for the ensuing five month period. If the customer's water usage for the three month period is less than the target for such period (the "three month difference"), but the customer's usage for the thirteen month period exceeds the target for such period, then an amount equal to the three month difference shall be added to customer's target which would otherwise have applied to the thirteen month period. If the total water usage for the thirteen month period is less than the target for such period, there shall be no penalty for the thirteen month period.

C. Continued water use in excess of the applicable target after written notice ("enforcement notice") shall be cause for the town to either install a water flow restrictor at the water meter or disconnect water service to the customer until the customer is taking all measures necessary to bring his/her water usage for the subject parcel into compliance. In the event that the customer has, or requests the town to install, a separate meter providing outdoor water use exclusively, the town shall first restrict or disconnect such outdoor meter before restricting or disconnecting the meter providing indoor water use. A water flow restrictor removal charge or a water meter reconnection charge shall be billed to the customer as described in the town's schedule of fees and charges.

D. Continued water use in excess of the applicable target may also constitute a public nuisance subject to abatement as provided in Chapter 8.16 of the Municipal Code.

(Ord. No. 725, § 2, 6-8-2015; Ord. No. 729, § 1, 10-12-2015; Ord. No. 735, § 1, 5-9-2016; Ord. No. 736 § 3, 5-9-2016; Ord. No. 737, § 3, 6-13-2016)

Customers desiring to contest an excess penalty charge, an enforcement action or an enforcement notice which proposes to install a restrictor or disconnect water service may file an appeal by completing a form provided by the town, which will be heard by the town's code enforcement panel, or such other body as may be appointed by the city council or, with the consent of the city council, by the city manager, which body or person shall have the authority to waive or reduce the penalty and/or modify the customer's allotment. An allotment not otherwise subject to modification by virtue of the application of Section 13.16.040, is nonetheless subject to possible modification based upon extenuating circumstances, including but not limited to the following:

(a) The customer has taken all reasonable steps to reduce water use;

(b) Failure to modify the allotment could result in the substantial loss of trees or other high value plants or the loss of landscaping of historic significance;

(c) There are temporary residents at the customer's residential parcel which do not meet the six-month requirement of Section 13.16.404B; and/or

(d) The subject residential parcel contains new landscaping not yet established.

As a condition to filing the appeal, all outstanding water use charges, excluding any proposed penalty, must be paid in full. To the extent a penalty is upheld on appeal, it shall be paid within ten days after the customer is notified of the decision.

(Ord. No. 725, § 2, 6-8-2015; Ord. No. 727, § 1, 9-15-2015)

A. The following activities are hereby prohibited and/or limited within the town:

1. The application of potable water to ornamental landscapes, grass, lawns, and turf shall be done in a manner that does not create excessive runoff onto adjacent property, non-irrigated areas, private and public walkways or roadways, driveways, parking lots or parking strips, or other hardscape.

2. The outdoor irrigation of ornamental landscapes, grass, lawns, and turf with potable water shall be limited to two days per week or otherwise limited in a manner designed to achieve a comparable reduction in water consumption when mandatory rationing is in force.

3. The irrigation of landscapes no earlier than one hour before sunset and no later than one hour after sunrise is strongly encouraged and shall not occur when mandatory rationing is in force.

4. Potable water shall not be applied to driveways, walkways, sidewalks, or parking strips, except where necessary to address an immediate health or safety need or to comply with a term or condition of a permit issued by a state or federal agency.

5. Potable water shall not be used in outdoor fountains or other decorative water features except where the water is part of a recirculating system.

6. The use of a hose that dispenses potable water to wash a motor vehicle is prohibited, except where the hose is fitted with a shut-off nozzle or device that causes it to cease dispensing water immediately when not in use.

7. The application of potable water to outdoor landscapes during and within forty-eight hours of measureable rainfall is strongly discouraged and shall not occur when mandatory rationing is in force.

8. The irrigation with potable water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standard Commission and the department of housing and community development.

9. The water department, city engineer, and/or public works department will provide notice to any water customer whose usage or other information indicates that a leak may exist in a location under the customer's control.

B. The taking of any action in violation of Section 13.16.060A shall be subject to an administrative penalty of up to five hundred dollars for each day in which the violation occurs. Citations for violations may be issued by any member of the police department, the town's code enforcement officer, and any other personnel designated by the city manager, based on observation of the violation or resulting conditions, such as wet areas outside the allowable irrigation areas. Citations shall be issued to the person or persons named on the water department account for that property. If the resident is not present to receive it, a citation may be served by mail or posted on a prominent location on the property. The administrative penalty shall be payable within ten days to the town water department and, if not paid within ten days, shall be added to the water user's bi-monthly bill.

C. Any person desiring to contest a citation may file an appeal, which will be heard by the code enforcement panel. As a condition to the filing of the appeal, all outstanding penalties must be paid in full. If the appeal is upheld, the penalty will be refunded.

D. In addition to the administrative penalty, repeated violations of this section, in excess of three violations in any thirty-day period, shall constitute a public nuisance which shall be subject to abatement as provided in Chapter 8.16 of the Municipal Code.

(Ord. No. 717, § 2, 8-11-2014; Ord. No. 724, § 2, 4-13-2015; Ord. No. 740, § 3, 7-11-2016)