Lomita Municipal Code Part 2 Conservation Retrofit Program

The purpose of this part is to reduce wastewater flows and decrease the use of potable water in the city by establishing water conservation plumbing standards which would be required upon change of ownership.

(Ord. No. 722, § 2, 2-2-09; Ord. No. 823, § 3, 6-15-21)

The provisions of this part shall apply to all residential, commercial, and industrial buildings and structures in the city that use water in showers, toilets, urinals and faucets.

(Ord. No. 722, § 2, 2-2-09; Ord. No. 823, § 3, 6-15-21)

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

(A) Existing structure. A structure currently available for use or occupancy which is equipped with one or more existing plumbing fixtures.

(B) Fixture retrofit at purchase or resale program. A program sponsored by the city, West Basin Municipal Water District, and Metropolitan Water District which offers a financial rebate to water customers who replace an existing non-ultra-low flush toilet with a high-efficiency flush toilet.

(C) Non-water-conserving plumbing fixture. Any toilet using more than one and six-tenths (1.6) gallons of water per flush, urinal using more than one gallon of water per flush, showerhead with a flow capacity of more than two and one-half (2.5) gallons of water per minute, faucet that emits more than two and one-half (2.5) gallons of water per minute, or residential reverse osmosis system not equipped with automatic shutoff valves.

(D) Purchase, sale or change of ownership. A purchase, sale or change in ownership of real property includes any purchase, sale or change in ownership of real property, except as follows:

1. The purchase, sale or transfer of real property between spouses, including, but not limited to, transfers to a trustee for the beneficial use of a spouse, or the surviving spouse of a deceased transferor, or by a trustee of such a trust to the spouse of the trustor; transfers to a spouse which take effect upon the death of a spouse; transfers to a spouse or former spouse in connection with a property settlement agreement or decree of dissolution of a marriage or legal separation; the creation, transfer or termination, solely between spouses, of any co-owner's interest; and the distribution of a legal entity's property to a spouse or former spouse in exchange for the interest of the spouse in the legal entity in connection with a property settlement agreement or a decree of dissolution of a marriage or legal separation;

2. The purchase, sale or transfer of real property between parents and their children (as defined by Probate Code § 26), including both voluntary transfers and transfers resulting from a court order or judicial decree; and

3. The purchase, sale, or transfer of real property pursuant to foreclosure proceedings under Civil Code § 2924 et seq. or Code of Civil Procedure § 725a et seq.

(E) Retrofit or retrofitting. Replacement of existing plumbing fixtures with water-conserving plumbing fixtures.

(F) Water conservation certificate. A form provided by the city verifying that installation of water-conserving plumbing fixtures has been completed.

(G) Water-conserving plumbing fixtures. Any toilet using a maximum of one and three-tenths (1.3) gallons of water per flush, urinals that use a maximum of one-half (0.5) gallon of water per flush, showerheads with a maximum flow capacity of two and one-half (2.5) gallons of water per minute, faucets that emit a maximum of two and one-half (2.5) gallons of water per minute, and automatic shutoff valves for residential reverse osmosis systems.

(Ord. No. 722, § 2, 2-2-09; Ord. No. 823, § 3, 6-15-21)

(A) No structure shall be purchased, sold or ownership thereof changed unless all existing plumbing fixtures in the structure are retrofitted exclusively with water-conserving plumbing fixtures. Compliance with this section shall be included as a condition of escrow.

(B) Any residential structure with a proposed addition exceeding two hundred fifty (250) square feet shall have all existing plumbing fixtures in the structure retrofitted exclusively with water-conserving plumbing fixtures as part of the proposed addition to the structure. Compliance with this section shall be included as a condition of the certificate of occupancy. Additionally, a note shall be included on all building plans that existing plumbing fixtures shall be retrofitted with water-conserving plumbing fixtures with a list and number of fixtures to be replaced.

(C) Any development projects on commercial/industrial structures, or tenant improvements at commercial/industrial structures, exceeding twenty thousand dollars ($20,000.00) in valuation that require a building permit shall have all existing plumbing fixtures in the structure retrofitted exclusively with water-conserving plumbing fixtures. Compliance with this section shall be included as a condition of the certificate of occupancy. Additionally, a note shall be included on all building plans that existing plumbing fixtures shall be retrofitted with water-conserving plumbing fixtures with a list and number of fixtures to be replaced. Should the proposed improvements be exclusively for one tenant in a commercial/industrial building having multitenant spaces, the retrofit requirements will only apply to the one tenant space receiving said improvements.

(Ord. No. 722, § 2, 2-2-09; Ord. No. 823, § 3, 6-15-21)

If or when the city manager, or his or her designee, or any state agency finds that the existing sewer grades are insufficient or incompatible with the ultra-low flush toilet grade specifications (i.e., areas where sewer lines have a relatively flat grade), the property shall be exempt from these requirements.

(Ord. No. 722, § 2, 2-2-09; Ord. No. 823, § 3, 6-15-21)

(A) Upon retrofitting with water-conserving plumbing fixtures, the transferor, prior to a change of ownership, shall contact the Lomita Neighborhood Preservation Department to request a water conservation certificate.

(B) Water conservation certificates shall be issued upon presentation of satisfactory documentation of installation of water-conserving plumbing fixtures, or upon physical inspection of the building for which a certificate is requested.

(C) Water conservation certificates shall be maintained by the water department in order to provide future verification that water-conserving plumbing fixtures have been installed.

(Ord. No. 722, § 2, 2-2-09; Ord. No. 823, § 3, 6-15-21)

(A) It is unlawful for any person, firm, partnership, association, or corporation, to violate, to cause, or to maintain a violation of part 2 of this chapter.

(B) It is unlawful for any person, firm, partnership, association, or corporation to remove, or to cause the removal of water-conserving plumbing fixtures contrary to the provisions of part 2 of this chapter.

(C) In addition to any other remedy provided by the Lomita Municipal Code, any provision of this chapter may be enforced by injunction issued by the superior court upon a suit brought by the city.

(D) In addition to any other remedy provided by the Lomita Municipal Code, any provision of part 2 of this chapter may be enforced by an administrative order issued pursuant to any one of the administrative processes set forth in the Lomita Municipal Code.

(E) No liability shall arise, nor shall any action be brought or maintained against, any agent of any party to a transfer of title, including any person or entity acting in the capacity of an escrow officer, for any error, inaccuracy, or omission relating to compliance with part 2 of this chapter. However, part 2 of this chapter does not apply to a licensee, as defined in California Business and Professions Code § 10011 where the licensee participates in the making of the certification required to be made pursuant to part 2 of this chapter with actual knowledge of the falsity of the certification. Except as otherwise provided in part 2 of this chapter, part 2 of this chapter shall not be deemed to create or imply a duty upon a licensee, as defined in California Business and Professions Code § 10011, or upon any agent of any party to a transfer of title, including any person or entity acting in the capacity of an escrow officer, to monitor or ensure compliance with part 2 of this chapter or to notify any person of requirements to comply with part 2 of this chapter.

(F) Every person, firm, partnership, association, or corporation that violates, causes or maintains a violation of any provision of part 2 of this chapter is guilty of a misdemeanor and subject to penalties imposed by chapter 2 (Penalty Provisions) of the Lomita Municipal Code.

(G) The neighborhood preservation department and Los Angeles County Sheriffs Department are authorized and empowered to enforce the provisions of part 2 of this chapter.

(Ord. No. 722, § 2, 2-2-09; Ord. No. 823, § 3, 6-15-21)

Editor's note— Ord. No. 823, § 3, adopted June 15, 2021, in effect repealed § 12-4.02.08 which pertained to the effective date and derived from Ord. No. 722, § 2, adopted February 2, 2009.