Lincoln Municipal Code Art. IX Water Conservation; Penalties

Footnotes:

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Editor's note— Ord. No. 1037B, § 5, adopted June 22, 2021, repealed the former Article IX, §§ 13.04.600—13.04.620, and § 7 of said ordinance, enacted a new Article IX as set out herein. The former Article IX pertained to similar subject matter and derived from Ord. No. 899B, § 3, May 26, 2015; Ord. No. 900B, § 2, June 9, 2015; Ord. No. 974B, § 2(Exh. 1), August 28, 2018.

The city manager is authorized to enact, impose, implement, and modify water conservation restrictions in order to meet the state or local water conservation standards, as described in the city's adopted water shortage contingency plan.

(Ord. No. 1037B, § 7, 6-22-2021)

The city council shall declare a water shortage emergency condition to prevail within the city whenever it finds and determines that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the city's water supply to the extent that there would be insufficient water for human consumption, sanitation, and fire protection. Declaration of a water shortage emergency shall trigger communication protocols described in Section 5 of the water shortage contingency plan and compliance and enforcement actions within Chapter 13, Article VI. Conservation and Chapter 13, Article IX, Section 13.04.160. Penalties for violation of water conservation restrictions, of the Lincoln Municipal Code described in Section 6 of the Water Shortage Contingency Plan.

(Ord. No. 1037B, § 7, 6-22-2021)

Notwithstanding any other provision of law, any person who violates any ordinance, resolution, standard, or other restriction relating to water conservation shall be subject to the following penalties:

(1) The first and second violations within a one-year period shall be subject to an oral or written warning.

(2) The third violation within a one-year period shall be punishable by a fine not to exceed $51.00 per occurrence. The city manager or his appointee may waive these fines if the violating party participates in a water conservation education course provided or approved by the city.

(3) The fourth and following violations within a one-year period shall be punishable by a fine not to exceed $500.00 per occurrence.

(4) For purposes of this article, each day that a violation occurs shall be considered a separate occurrence.

(5) The city manager or his/her designee(s) shall be authorized to enforce the provisions of this article.

(Ord. No. 1037B, § 7, 6-22-2021)

Penalties imposed pursuant to Section 13.04.610 may be appealed to a hearing officer or hearing body appointed by the city manager. Any such appeal shall be submitted in writing to the city clerk within ten days of the notice of the violation. The decision of the hearing officer or hearing body shall be final and subject to no further administrative appeals. To the extent that is not inconsistent with the provisions of this article, the provisions of Chapter 1.20 shall govern the administrative citation and appeal process for fines imposed hereunder.

(Ord. No. 1037B, § 7, 6-22-2021)