Monrovia Municipal Code Ch. 13.20 Water Conservation

There is hereby established a city of Monrovia Emergency Water Conservation Plan.

(`83 Code, § 13.20.010) (Ord. 91-08 § 1 (part), 1991; Ord. 92-03 § 1 (part), 1992; Ord. 2014-10 § 1 (part), 2014)

Upon declaration by the City Council that a water shortage emergency exists, this plan shall be implemented to provide a vehicle to protect the public peace, health and safety by significantly and equitably reducing the consumption of potable water over an extended period. The plan shall remain in effect until the City Council declares the water shortage emergency has ended.

(`83 Code, § 13.20.020) (Ord. 91-08 § 1 (part), 1991; Ord. 92-03 § 1 (part), 1992; Ord. 2014-10 § 1 (part), 2014)

The following definitions apply to this chapter:

BASE PERIOD ALLOCATION. The amount of water used by a water customer during each billing period in the immediately preceding calendar year. Any existing customer who has experienced a change in situation which could warrant a review of their water usage during the BASE PERIOD ALLOCATION, and/or any new customer who was not a customer on the premises to which water service is provided during the corresponding billing period in the BASE PERIOD ALLOCATION, may be assigned a revised BASE PERIOD ALLOCATION amount that shall generally be determined by the amount of water used at the same or similar premises in the base years, as determined by City Manager or his/her designee.

BASE YEARS. The five fiscal years prior to a declaration of implementing a phase of this chapter.

BILLING UNIT. The unit amount of water employed for purposes of customer billing. One unit equals 748 gallons of water.

CITY. The city of Monrovia.

CUSTOMER or WATER CUSTOMER. Any person, association, corporation or governmental entity supplied or entitled to be supplied with water service by the city.

DEPARTMENT. The city's Department of Public Services.

DIVISION or INFRASTRUCTURE MAINTENANCE DIVISION. The city’s Infrastructure Maintenance Division within the Department of Public Services.

(`83 Code, § 13.20.030) (Ord. 91-08 § 1 (part), 1991; Ord. 92-03 § 1 (part), 1992; Ord. 2014-10 § 1 (part), 2014; Ord. 2015-05 § 1, 2015; Ord. 2022-02U § 4, 2022)

The provisions of this chapter shall apply to all customers and property receiving potable water from the city wherever situated, and shall also apply to all property and facilities owned, maintained, operated or under the jurisdiction of the various officers, boards, departments, bureaus or agencies of the city.

(`83 Code, § 13.20.040) (Ord. 91-08 § 1 (part), 1991; Ord. 92-03 § 1 (part), 1992; Ord. 2014-10 § 1 (part), 2014)

The various officers, boards, departments, bureaus, and agencies of the city are hereby authorized and directed to immediately implement the applicable provisions of this conservation plan upon the effective date of the first implementation of Phase I or any phase subsequent thereto.

(`83 Code, § 13.20.050) (Ord. 91-08 § 1 (part), 1991; Ord. 92-03 § 1 (part), 1992; Ord. 2014-10 § 1 (part), 2014)

No person or customer of the city shall make, cause, use or permit the use of water from the city for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of, or in an amount in excess of that use permitted by the conservation phase then in effect pursuant to action taken by the City Council in accordance with this chapter.

(`83 Code, § 13.20.060) (Ord. 91-08 § 1 (part), 1991; Ord. 92-03 § 1 (part), 1992; Ord. 2014-10 § 1 (part), 2014)

The water conservation plan consists of six phases, each separately implemented by resolution of the City Council. The six phases are as follows:

(A) Phase I consists of mandatory water use restrictions and voluntary water conservation of 10%. This phase becomes effective upon determination by the City Council that water usage should be reduced by 10%. There will be no surcharge for excess water usage in this phase.

(B) Phase II consists of mandatory water use restrictions and mandatory water conservation of at least 10%. This phase becomes effective upon determination by the City Council that water usage should be reduced by at least 10% and that mandatory conservation measures are required. During Phase II, a customer whose water usage exceeds 90% of the base period allocation may be charged a penalty to be established by resolution of the City Council for each billing unit in excess of the base period allocation.

(C) Phase III consists of mandatory water use restrictions and mandatory water conservation of at least 15%. This phase becomes effective upon determination of the City Council that water usage should be reduced by at least 15%. During Phase III, a customer whose water usage exceeds 85% of the base period allocation may be charged a penalty to be established by resolution of the City Council for each billing unit in excess of the base period allocation.

(D) Phase IV consists of mandatory water use restrictions and mandatory water conservation of at least 28%. This phase becomes effective upon determination by the City Council that water usage should be reduced by at least 28%. During Phase IV, a customer whose water usage exceeds 72% of the base period allocation may be charged a penalty to be established by resolution of the City Council for each billing unit in excess of the base period allocation.

(E) Phase V consists of mandatory water use restrictions and mandatory water rationing of at least 40%. This phase becomes effective upon determination by the City Council that water usage should be reduced by at least 40%. During Phase V, a customer whose water usage exceeds 60% of the base period allocation for each billing unit in excess of the base period allocation.

(F) Phase VI consists of mandatory water use restrictions and mandatory water rationing of at least 50%. This phase becomes effective upon determination by the City Council that water usage should be reduced by at least 50%. During Phase VI, a customer whose water usage exceeds 50% of the base period allocation may be charged a penalty to be established by resolution of the City Council for each billing unit in excess of the base period allocation.

(`83 Code, § 13.20.070) (Ord. 91-08 § 1 (part), 1991; Ord. 92-03 § 1 (part), 1992; Ord. 2014-10 § 1 (part), 2014; Ord. 2015-05 § 2, 2015)

(A) No person shall cause, use, or permit the use of water from the city water system in a manner contrary to any provision of this chapter.

(B) No person shall cause, use, or permit the use of water from the city water system in excess of any limit established by the City Council by resolution.

(C) Phase I. The following water use restrictions shall be in effect and will be enforced on all customers and any other person who uses water from the city’s potable water system for any purpose. For the purpose of this chapter, the term PERSON shall include individuals and corporations, partnerships, and associations of any kind:

(1) No person shall use a hose to wash any sidewalk, walkway, driveway, parking area, tennis or sport court, or other paved surfaces, except as is required for sanitary purposes, and only with a water broom or similar device or hose equipped with a nozzle or quick relief shutoff valve.

(2) Washing of motor vehicles, trailers, boats and other types of mobile equipment shall be permitted only with a hand-held bucket or a hose equipped with a positive shut-off nozzle for quick rinses and the water flow shall be shut off when not rinsing the vehicle, except that washing may be done at the immediate premises of a commercial car wash.

(3) No water shall be used to clean, fill or maintain levels in decorative fountains, ponds, lakes or other similar aesthetic structures unless such water is part of recirculating system.

(4) No restaurant, hotel, café, cafeteria or other public place where food is sold, served or offered for sale shall serve drinking water to any customer unless expressly requested by that customer.

(5) All customers shall promptly repair all leaks from indoor and outdoor plumbing fixtures within 48 hours of discovery.

(6) The following restrictions shall apply to all residential, commercial, industrial, institutional and public landscaped areas, with the exception of commercial nurseries, golf courses and other water dependent uses:

(a) No person shall spray irrigate any lawn or landscape area more than every third day between the hours of 6:00 p.m. and 8:00 a.m of the following day. This division shall not apply to any drip irrigation system, irrigation system maintenance, leak repair or new planting of low water usage plants or if reclaimed water is utilized as permitted by law.

(b) No person shall irrigate any landscaped area for more than 15 minutes per watering day.

(c) No person shall permit or cause irrigation water to spray or flow to any impermeable private or public surface, including but not limited to, walkways, driveways, sidewalks, alleys, streets, or storm drains.

(d) No person shall operate sprinklers, fountains or other water features when winds are so high as to create water drift causing runoff or flow to any impermeable private or public surface, including, but not limited to, walkways, driveways, sidewalks, alleys, streets, or storm drains.

(e) No person shall water or irrigate any landscaping within 48 hours of a one-tenth of an inch (0.10") or greater rainfall event.

(f) No person shall cause or allow water to run off landscaped areas onto adjoining streets, sidewalks or other paved areas due to incorrectly directed or maintained sprinklers or as the result of excessive watering.

(D) Phase II. The following water use restrictions shall be in effect and will be enforced on all customers:

(1) All of the restrictions listed under Phase I shall be in effect, except that the restrictions on watering lawn, landscape or other turf areas shall be modified to prohibit watering more often than every fourth day with watering only allowed between the hours of 6:00 p.m. and 8:00 a.m.

(2) No customer shall cause, use or permit the use of water for any purpose in an amount in excess of 90% of said customer’s base period allocation.

(3) Commercial nurseries, golf courses and other water-dependent industries shall be prohibited from watering lawn, landscaping or other turf areas more often than every other day, with watering only during the hours between 6:00 p.m. and 8:00 a.m.

(4) Water used on a one-time basis for the purposes such as construction and dust control, shall be limited to that quantity identified in a plan submitted to the user which describes water use requirements. An approved plan from the Department shall be the basis for such usage. Water sources other than potable water shall be utilized where available.

(5) All hotels, motels and bed and breakfast establishments shall provide customers the option of choosing not to have towels laundered daily. Each establishment shall prominently display notice of this option in each bathroom and sleeping room using clear easily understood language. All guest room toilets installed after the effective date of this chapter shall be low flow toilets utilizing the best technology feasible at the time of installation.

(6) All non-residential buildings in the city shall maintain public toilets and urinals with best available technology low flow or waterless toilets or urinals as required by applicable codes, and shall acquire water efficient dishwashers and washing machines upon replacement of existing machines or installation of new machines.

(E) Phase III. The following water use restrictions shall be in effect and will be enforced on all customers:

(1) All of the restrictions listed under Phases I and II shall be in effect.

(2) No customer shall cause, use or permit the use of water for any purpose in an amount in excess of 80% of said customer's base period allocation.

(3) Commercial nurseries, golf courses and other water-dependent industries shall be prohibited from watering lawn, landscape or other turf areas more often than every third day, with watering only during the hours between 6:00 p.m. and 6:00 a.m. the following day.

(4) Water used on a one-time basis for the purposes such as construction and dust control shall be limited to that quantity identified in a plan submitted by the user which describes water use requirements. An approved plan from the Department shall be the basis for such usage. Water sources other than potable water shall be utilized where available.

(5) The use of water from fire hydrants shall be limited to fire fighting and related activities and other uses of water for municipal purposes shall be limited to activities necessary to maintain the public health, safety and welfare.

(F) Phase IV. The following water use restrictions shall be in effect and will be enforced on all customers: The restrictions in a Phase IV shall be the same as Phase III, with the exception that no customer shall cause, use or permit the use of water for any purpose in the amount in excess of 72% of said customer's base period allocation.

(G) Phase V. The following water use restrictions shall be in effect and will be enforced on all customers: The restrictions in Phase V shall be that same as Phase IV, with the exception that no customer shall cause, use or permit the use of water for any purpose in an amount in excess of 60% of said customer's base period allocation.

(H) Phase VI. The following water use restrictions shall be in effect and will be enforced on all customers: The restrictions in Phase VI shall be that of Phase V, with the exception that no customer shall cause, use or permit the use of water for any purpose in an amount in excess of 50% of said customer's base period allocation.

(`83 Code, § 13.20.080) (Ord. 91-08 § 1 (part), 1991; Ord. 92-03 § 1 (part), 1992; Ord. 2014-10 § 1 (part), 2014; Ord. 2015-05 § 3, 2015)

(A) Commercial car washes with water recycling systems and commercial laundries shall be exempt from allotment restrictions.

(B) The restricted uses of water provided for in this chapter are not applicable to that use of water necessary for public health and safety, for the essential health care services or governmental services such as police, fire and other similar public emergency services, as determined by the Manager of the Infrastructure Maintenance Division.

(C) Any use of groundwater from outside the city’s system or reclaimed water as permitted by law shall be exempt from restrictions.

(`83 Code, § 13.20.090) (Ord. 91-08 § 1 (part), 1991; Ord. 91-14 § 1, 1991; Ord. 92-03 § 1 (part), 1992; Ord. 2014-10 § 1 (part), 2014; Ord. 2015-05 § 4, 2015)

The City Council shall implement each phase of this plan by resolution, which shall be published in a newspaper of general circulation. The mandatory use restrictions established in § 13.20.080 shall take effect upon such publication. The billing surcharge applicable to Phases II through V shall take effect in the first billing period after publication.

(`83 Code, § 13.20.100) (Ord. 91-08 § 1 (part), 1991; Ord. 92-03 § 1 (part), 1992; Ord. 2014-10 § 1 (part), 2014)

(A) For any failure to comply with the water conservation measures imposed by this chapter, a surcharge for the period of noncompliance shall be imposed as established in § 13.20.070.

(B) For a second or subsequent failure to comply with the plan, the Utilities Division may install, for a period of not less than 48 hours and until the customer satisfies the Department that failure to comply will not continue, a flow-restricting device in the customer's water service connection at the premises. A charge of $25 for installing and removing the flow-restricting device shall be paid prior to removal. Exceptions to the use of flow restrictors are established in § 13.20.090(B).

(C) For a third or subsequent failure to comply with the plan, the city may discontinue water service for a period of not less than 24 hours and until the customer satisfies the Department that failure to comply will not continue. The customer shall pay the charge established in the following schedule for restoration of service and any unpaid surcharges or charge for installation and removal of flow-restricting device prior to restoration of service:

Meter Size (inches) Installation and Removal

3/4 $ 25.00 1 25.00 1-1/2 50.00 2 50.00 3 100.00 4 100.00 6 120.00 8 150.00 10 200.00 12 200.00 16 250.00

(D) In addition to any of the foregoing remedies, if any customer fails to comply with any provision of this chapter, the Infrastructure Maintenance Division may reduce the amount of water provided to that customer to the level which that customer would be using if he were complying with the provisions of the chapter. The provisions of this division shall be applied in lieu of, or in addition to, any of the other provisions of this chapter, in the discretion of the Manager of the Infrastructure Maintenance Division, and shall be applied without regard to the status or nature of the customer.

(`83 Code, § 13.20.110) (Ord. 91-08 § 1 (part), 1991; Ord. 92-03 § 1 (part), 1992; Ord. 2014-10 § 1 (part), 2014)

(A) Except as otherwise provided in this section, any written notice required by this chapter to be given to a customer for failure to comply with the provisions hereof may be given to the customer personally or by regular mail addressed to the billing address of the customer. Said written notice, in addition to setting forth the fact of the customer's failure to comply with the applicable provision or provisions of the chapter and any proposed action to be taken by the Department or the Infrastructure Maintenance Division for such failure to comply, shall inform the customer of his or her right to an office conference before the Manager of the Infrastructure Maintenance Division and the procedure to be followed to obtain such a conference.

(B) If water service to a customer is to be discontinued for any period of time in accordance with the provisions of this chapter, notice thereof shall be given to the customer in the following manner:

(1) By personal service thereof on said customer; or

(2) If said customer is absent from his place of residence and from his known place of business, by leaving a copy thereof with some responsible person at either place and sending a copy thereof by regular mail addressed to said customer at his billing address; or

(3) If such place of residence and business cannot be found there, then by (1) affixing a copy thereof, in a conspicuous place on the property where the failure to comply is occurring, (2) delivering a copy thereof to a person there residing, if such person can be found, and (3) sending a copy thereof by regular mail addressed to said customer at his billing address.

(`83 Code, § 13.20.120) (Ord. 91-08 § 1 (part), 1991; Ord. 92-03 § 1 (part), 1992; Ord. 2014-10 § 1 (part), 2014)

(A) A customer against whom a billing surcharge has been levied, or who is dissatisfied with his or her base period allocation, or who is notified of his or her failure to comply with the provisions of this chapter in any other respect, may request an office conference with the Manager of the Infrastructure Maintenance Division, provided that a written request for a conference is filed by the customer within 15 calendar days following the date of receipt of notice of the relevant billing surcharge or failure to comply, or within 45 calendar days of the date of mailing the notice of the base period allocation. Such request for an office conference shall contain a brief explanation of the grounds upon which it is based and the nature of the relief sought. In determining whether relief shall be granted, the Infrastructure Maintenance Division Manager shall take into consideration all relevant factors including, but not necessarily limited to the following:

(1) Whether any additional reduction in water consumption will result in unemployment;

(2) Whether additional members have been added to the household;

(3) Whether any additional landscaped property has been added to the property subsequent to the historic base period;

(4) Changes in vacancy factors in multi-family housing;

(5) Increased number of employees in commercial, industrial, and governmental offices;

(6) Water uses during new construction;

(7) Adjustments to water use caused by emergency health or safety hazards;

(8) First filling of a swimming pool constructed by permit;

(9) Water use necessary for reasons related to family illness or health.

(B) A written decision, including notice to the customer of his or her rights to appeal to the Water Usage Appeals Board, shall be given to the customer personally or by mail. No customer shall appeal to the Water Usage Appeals Board prior to exhausting the administrative remedies provided by this section.

(C) There is hereby created a Water Usage Appeals Board, composed of that Council member who is the designated liaison to the Department, the Director of Finance, and the Director of Public Works. A customer shall have the right to appeal the decision of the Infrastructure Maintenance Division Manager to the Water Usage Appeals Board by filing a written request for appeal within 15 days after receipt of said decision. The Water Usage Appeals Board shall hear and consider the appeal within ten days of such a request and shall issue a written decision. The decision of the Water Usage Appeals Board shall be final.

(`83 Code, § 13.20.130) (Ord. 91-08 § 1 (part), 1991; Ord. 92-03 § 1 (part), 1992; Ord. 2014-10 § 1 (part), 2014)

The remedies of the city hereunder shall be cumulative to any other remedy of the city at law or in equity to enforce the provisions of this chapter. All monies collected by the city pursuant to any of the provisions of this chapter shall be deposited in the Water Revenue Fund as reimbursement for the city's costs and expenses of administering and enforcing this conservation plan, which may include purchase of replenishment water as needed when available.

(`83 Code, § 13.20.140) (Ord. 91-08 § 1 (part), 1991; Ord. 92-03 § 1 (part), 1992; Ord. 2014-10 § 1 (part), 2014)

Nothing contained in this chapter shall be construed to require the city to curtail the supply of water to any customer when, in the discretion of the Public Works Department or City Council, such water is required by the customer to maintain an adequate level of public health and safety.

(`83 Code, § 13.20.150) (Ord. 91-08 § 1 (part), 1991; Ord. 92-03 § 1 (part), 1992; Ord. 2014-10 § 1 (part), 2014)

If any section, division, clause or phrase in this chapter or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this chapter or the application of such provision to other persons or circumstances shall not be affected thereby. The City Council declares that it would have passed this chapter and each section, division, sentences, clauses, or phrases or the application thereof to any person or circumstances to be held invalid.

(`83 Code, § 13.20.160) (Ord. 91-08 § 1 (part), 1991; Ord. 92-03 § 1 (part), 1992; Ord. 2014-10 § 1 (part), 2014)