Monterey County Municipal Code Ch. 18.44 Residential and Commercial Water Conservation Measures

A. Monterey County's share of water under the allotment system established by the Monterey Peninsula Water Management District for the unincorporated areas serviced by the California-American Water Service Company as defined herein, has come perilously close to being exhausted due to unanticipated excessive and expanded water usage.

B. As a result of such excessive water usage in the areas defined herein, the potential exists that Monterey County's allocation of water will be exhausted so as to pose an immediate threat to the public health, safety, or welfare.

C. In order to insure the availability of water for domestic, development, and other purposes for present as well as for future use in the areas designated, it is necessary that water conservation measures be effected for existing hotels and motels, for new construction, and for existing buildings whose ownership or use change subsequent to the effective date of this Chapter.

(Ord. 3190, 1986)

It is the purpose and intent of this Chapter to reduce the excessive use of water within the California American Water Service Company service area by requiring the installation of low water use plumbing fixtures and low water use landscape material as part of new construction, by requiring the installation of low flow shower heads in existing hotels and motels, and by requiring the retrofitting of low water use plumbing fixtures in all existing residential buildings at the time of change of ownership, or, in the case of commercial property, at the time of change of ownership or change of use.

(Ord. 3190, 1986)

The following definitions are applicable to this Chapter:

A. "Bubblers" means any landscape irrigation system that disperses water, in a bubbling fashion as opposed to a spray fashion.

B. "California American Water Service Company service area" means that part of the unincorporated portion of Monterey County within the service area of and actually serviced by the California American Water Service Company as shown on the map attached herein.

C. "Change of ownership" means a transfer of a present interest in the property, and a transfer of the right to beneficial use thereof, the value of which is substantially equal to the value of the fee interest. Every transfer of property qualified as a "change of ownership," except transfers of title from one spouse to another, shall be so regarded whether the transfer is voluntary, involuntary, by operation of law, by grant, gift, devise, inheritance, trust, contract of sale, addition or deletion of an owner, property settlement, or any other means. Change of ownership effected other than by a contract of sale shall be deemed to occur at the time of actual transfer of file. A change of ownership resulting from a contract of sale or similar instrument shall be so regarded only if escrow is opened or a contract of sale is executed, whichever occurs last, on or after the effective date of this Chapter.

D. "Change of use" means, in the case of commercial structures, a change in the use to the structure was previously devoted, to another substantially different use expressly permitted or permitted with a use permit under Chapters 20.28, 20.30, 20.32, and 20.34 of the Monterey County Code.

E. "Commercial structures" means any structures devoted to any of the uses defined in Chapters 20.28, 20.30, 20.32, and 20.34 of the Monterey County Code.

F. "Drip irrigation system" means any landscape irrigation system that disperses water in a controlled fashion to the extent necessary to provide sufficient water to sustain the growth of specific vegetation.

G. "Existing residential building" means any structure built and intended for the shelter, housing, or enclosure of any person.

H. "Existing vacant legal lot" means any lot as defined in Section 20.04.401 of the Monterey County Code and that has no improvements thereon.

I. "Low precipitation sprinkler heads" means any landscape sprinkler head that disperses less than 0.75 inches of water per hour at any pipe pressure.

J. "Low water use plumbing fixtures" means any toilet using a maximum of one and one-half gallons per flush and shower heads designed to emit a maximum of two and one-half gallons per minute of water.

K. "Low water use landscape material" means any California native or other plants that are identified on the plant list provided by Monterey County entitled "A Drought-Tolerant Plant List for the Monterey Peninsula."

L. "Native plant material" means any plant native to the State of California.

M. "New construction" means any construction of a previously nonexistent structure requiring a discretionary or ministerial permit issued after the effective date of this Chapter. New construction does not include additions, modifications, or improvements to existing structure physically separated from the structure added or improved upon.

N. "Ultra low flow toilet" means any toilet that uses one and one-half gallons of water per flush, or less.

(Ord. 3190, 1986)

A. All new construction, as defined herein, shall be equipped with ultra low flow toilets with a maximum tank size or flush capacity of one and one-half gallons, and shower heads with a maximum flow capacity of two and one-half gallons per minute.

B. All new construction, except new senior citizen or second dwelling units, shall include as part of the exterior landscape development, low water use or native plant material and low precipitation sprinkler heads, bubblers, drip irrigation system and timing devices. Before any permit may be issued for such new construction, the applicant shall submit a landscape plan for review and approval by the Director of Building Inspection in conformity with landscape guidelines adopted by the Board of Supervisors. The Department of Building Inspection shall charge appropriate fees for review of such plans.

C. New senior citizen or second dwelling units constructed shall be equipped with ultra low flow toilets with a maximum tank size or flush capacity of one and one-half gallons, and shower heads with a maximum flow capacity of two and one-half gallons per minute.

(Ord. 3190, 1986)

All existing hotels and motels shall, within six months following the effective date of this ordinance, be retrofitted with shower heads with a maximum flow capacity of two and one-half gallons per minute.

(Ord. 3190, 1986)

A. All existing residential structures shall, at the time of change of ownership, be retrofitted, if not already so, with ultra low flow toilets with a maximum tank size or flush capacity of one and one-half gallons, and shower heads with a maximum flow capacity of two and one-half gallons per minute.

B. All existing commercial structures shall, at the time of change of ownership or change of use, be retrofitted, if not already so, with ultra low flow toilets with a maximum tank size or flush capacity of one and one-half gallons, and shower heads with a maximum flow capacity of two and one-half gallons per minute.

C. Previously installed toilets with fixtures using a maximum of 3.5 gallons per flush shall be exempted from the provisions of this Section and are not required to be removed for any change of ownership or use which occurs on or before December 31, 1997, provided those toilets are fitted with a toilet water-use reduction device capable of reducing flow by at least 1.0 gallon per flush. Said exemption shall be verified by submission of an appropriately completed Water Conservation Certificate to both County of Monterey and Monterey Peninsula Water Management District. All retrofits upon change of ownership or use following December 31, 1997 shall exclusively use low water-use plumbing fixtures as defined in Section 18.44.030 of this Chapter.

(Ord. 3324, 1988; Ord. 3190, 1986)

A. Prior to recordation of a deed of sale or other document evidencing transfer of ownership of existing residential and commercial buildings, the transferor and transferee shall certify in writing to the Monterey County Department of Building Inspection of such transfer of ownership of the property and compliance with this Chapter.

B. Prior to the change of use of any commercial buildings, the owner of record shall certify in writing to the Monterey County Department of Building Inspection about such change of use of the structure and compliance with this Chapter. No change in use of such buildings shall be made prior to submission of such written certification to the Department of Building Inspection.

(Ord. 3190, 1986)

Whenever the Director of Building Inspection determines that there is an existing violation of this Chapter, that ultra low flow toilets and shower heads have not been installed at the time of change of ownership or use, the Director of Building Inspection may record a Notice of Violation with the Office of the County Recorder. The owner(s) of the property, as revealed by the assessment roll, on which the violation is situated and any other person responsible for the violation shall be notified of the recordation, if their address is known to the Director of Building Inspection or is otherwise reasonably available.

(Ord. 3190, 1986)

The Director of Building Services may, in his or her discretion, exempt facilities from the provisions of this Chapter, or impose reasonable conditions in lieu of compliance therewith, if he or she determines that any of the following conditions exist:

A. The requirements herein would cause an unnecessary and undue hardship upon the owner or purchaser of the facility or the public. Guidelines generally exemplifying such potential exemptions to this ordinance shall be promulgated by the Director of Building Services adopted by the Board of Supervisors.

B. The requirements herein would create an emergency condition affecting the health, sanitation, fire protection or safety of the facility owner or the public.

C. The granting of the exemption or imposition of reasonable conditions in lieu of compliance with the requirements herein would not increase the quantity of water consumed by the facility or otherwise adversely affect service to other existing water consumers.

(Ord. 3190, 1986)

(Ord. No. 5135, § 31, 7-7-2009)

A. Who May Appeal—Time for Appeal.

1. An appeal may be made to the Board of Supervisors by any public agency or person aggrieved by a decision of the Director of Building Services pursuant to this Chapter, other than those relating to aesthetics and plant selection. Appeals relating to aesthetics and plant selection shall be made to the Planning Commission pursuant to Chapter 20.100 of the Monterey County Code. Such appeal shall be in writing and shall be filed with the Clerk of the Board of Supervisors and with the Department of Building Services within ten (10) days after written notice of the decision has been mailed to the applicant.

2. Written notice of the decision shall be given promptly to the applicant and to those who have requested notice, in writing, at the hearing on the application; and no appeal shall be accepted until the notice of the decision has been given.

3. At the time of the filing of the appeal the appellant shall pay the required filing fee as established from time to time by the Board of Supervisors to the Clerk of the Board of Supervisors.

B. Requirements for Contents of Appeal. The appellant must specifically state in the notice of appeal:

1. The identity of the appellant and his or her interest in the decision;

2. The identity of the decision appealed from and the conditions appealed from;

3. A clear, complete, but brief, statement of the reasons why, in the opinion of the appellant, the decision or the conditions imposed were unjustified or inappropriate;

4. The specific reasons the appellant disagrees with the findings of the Director of Building Services;

5. The specific facts of the matter in sufficient detail to notify interested persons of the nature of the proceedings, to place the interested persons upon notice as to how any proposed action may affect their interest so that they may formulate their defense or opposition without being subjected to surprise. The Board will not accept an appeal stated in generalities, legal or otherwise.

C. Form. A form for giving notice of appeal shall be provided. The form need not be used if the contents of the notice of appeal is complete.

D. Acceptance of Appeal. An appeal shall not be accepted by the Board of Supervisors unless it is complete and complies with all requirements. The Clerk of the Board shall not accept a notice of appeal if it is obvious on the face of the notice that it is incomplete.

E. Notice. The appellant shall furnish the Director of Building Services stamped envelopes addressed to those on the departments list to receive notice of the hearing appealed from, if any, and the list of those who have requested to receive notice of appeal.

F. Action by the Board of Supervisors on Appeal.

1. Upon receipt of the notice of appeal, the Board shall within fifteen (15) days following the filing of the appeal, set a date for public hearing thereon, giving notice thereof to the appellant, to those in the departments list, if any, and to those who have requested notice of the appeal, in writing, during the consideration of the matter by the Director of Building Services. The evidence presented to the Board of Supervisors on appeal shall be limited to that evidence which was presented to the Director of Building Services; provided, however, that when relevant new evidence is available at the time of appeal, the application may be returned to the Director of Building Services for reconsideration.

2. If the basis of the appeal is the adequacy or weight of the evidence to support the findings, conditions or decision of the Director of Building Services, the Board shall affirm if there is substantial evidence to affirm despite the evidence to the contrary.

3. If a request for continuance is granted, the person who asks for the continuance shall notify the interested public in the same manner and to the same extent that notice was given to the public regarding the hearing on the appeal. The notice shall state the date to which the hearing upon the appeal is continued. If notice is not given, the appeal may not be heard on a date for which inadequate notice is given. Failure to give notice may be grounds for denial of an appeal.

4. The Board of Supervisors may reverse or affirm, wholly or in part, or modify the order, requirement, condition, findings or decision appealed from, and may make such order, requirement, condition, finding or decision as should be made, and such action shall be final.

(Ord. 3190, 1986)

(Ord. No. 5135, § 32, 7-7-2009)

The Director of Building Services shall be the officer primarily charged with enforcement of this Chapter. All departments, officials, and public employees of the County of Monterey who are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this Chapter, and shall issue no such permits or licenses for uses, buildings, or purposes where the same would be in conflict with the provisions of this Chapter, and any such permits, licenses, or uses, if issued in conflict with the provisions of this Chapter, shall be null and void.

(Ord. No. 5135, § 33, 7-7-2009)

A. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, maintained, sold, or the use of which is changed, contrary to the provisions of this Chapter, and/or any use of any land, building, or premises, established, conducted, operated, or maintained contrary to the provisions of the Chapter, shall be, and the same is hereby declared to be a violation of this Chapter and a public nuisance.

B. The County may summarily abate the public nuisance and the County Counsel or District Attorney, upon order of the Board of Supervisors, may bring civil suit or other action, to enjoin or abate the nuisance.

C. Each day any violation of this Chapter continues shall be regarded as a new and separate offense. The remedies provided in this Chapter shall be cumulative and not exclusive.

D. Should any person, firm, or corporation violate the terms of this Chapter and any action is authorized either by the Board of Supervisors, County Counsel, or District Attorney, or is in fact commenced by said agencies for said violation, no other action shall be taken on any application filed by or on behalf of said person, firm, or corporation until the action has been concluded or resolved.

(Ord. 3190, 1986)

The regulations set forth in this Chapter shall apply to the unincorporated portion of Monterey County within the service area of and actually serviced by the California American Water Service Company, and if any of the regulations specified herein differ from any other regulations, the provisions of this Chapter shall govern. Nothing in this Chapter is intended to apply in any way to the use of water not provided by the California American Water Service Company.

(Ord. 3205 § 1, 1986; Ord. 3190, 1986)