Mariposa County Municipal Code § 13.28 Yosemite West Maintenance District Flow Control 13.28.010 Regulations

1. If at any time after reconstruction of the district sewer system the sewer capacity will not permit sewer hookups sufficient to allow full build-out of all lots to a minimum of one three bedroom, two bath single family residence per lot, the district shall limit water usage of each lot to a level to allow for full buildout. The limitation of water usage shall be an adjustment to the volumetric flow allocation per equivalent dwelling unit (EDU) as calculated in the engineer’s report for assessment district no. 01-1 (Yosemite West Wastewater Facilities Project) County of Mariposa, State of California. The limitation shall be determined by the public works director based on a qualified engineer’s report. (By way of example, if lot A’s assessment is based upon 1 EDU and lot B’s assessment is based upon 1 ½ EDU’s, then in that event if a limitation on water usage is implemented on the basis of 100 gallons per day per EDU, lot A would be entitled to 100 gallons per day and lot B would be entitled to 150 gallons per day). If any water customer fails to curtail water usage as directed by the district, the district shall install a flow-restriction device on the offending customer’s service to guarantee compliance. For new construction, including duplexes and remodeling, any additional EDU allocation (more than allowed as calculated directly above) must be separately acquired from any surplus EDU allocation that may be available. The management and determination of “surplus EDU” for the district shall be the responsibility of the Mariposa County public works department. If no “surplus” EDU allocation is available, construction must conform to the permitted EDU amount. The Mariposa County public works department shall be responsible for ongoing monitoring of the sewer system to ensure early detection of unanticipated sewer capacity reductions.

2. The district shall have the authority to adjust water usage limitations from time to time as sewer capacity and/or water availability dictates. Water allocations shall not be transferable between lots.

3. The provisions of this ordinance shall be in full force and effect only upon adoption of a resolution by the district implementing the regulations contained herein.

4. The remedies contained herein for failure of a lot owner to comply with the regulations of this ordinance shall be in addition to any other legal remedies of the district.

5. Violation: Fines and Penalties. Except as otherwise provided herein, violations of any provision of this ordinance shall be punished as follows:

The penalties prescribed herein may be amended from time to time by resolution of the district board of directors. At such time as limitations are implemented, Mariposa County public works department shall monitor water meters monthly to determine conformity of each lot to the limitations imposed.

6. The district shall disconnect the water service to any lot cited for a misdemeanor under this section. Such service shall be restored only upon payment of the turn-on charge fixed by the district by resolution. Each month any violation of this ordinance is committed or continued shall constitute a separate offense and shall be punishable as such hereunder.

7. The controls contained in this ordinance shall not be implemented unless the reconstruction is completed to allow full build-out of all of the lots in the district as described in paragraph 1 above.

HISTORY

Adopted by Ord. 975 Sec. I on 5/21/2002