Mountain House Municipal Code Ch. 2 Water Conservation

The following words when used in any provision of this Chapter shall be construed to have the following meaning:

(a) "Customer" or "water consumer" means any customer, firm, partnership, business, corporation, district, or governmental agency that receives water from the City.

(b) "Landscape irrigation" means the water distribution facilities used to convey irrigation water to public and private landscaping.

(c) "Water" means potable water supplied by the City to customers within its jurisdiction.

(Ord. 2024-23, § 1(Exh. A), 2024)

The provisions of this Chapter shall apply to all customers using water within the boundaries of the City.

(Ord. 2024-23, § 1(Exh. A), 2024)

It shall be unlawful for any customer to use water for any of the following:

(a) For exterior irrigation including, but not limited to, public, private and commercial locations as follows:

(1) Irrigation in non-public areas shall be prohibited between the hours of 11:00 a.m. to 6:00 p.m. during the period of May 1st to October 1st.

(2) Irrigation in public areas shall be prohibited between the hours of 6:00 a.m. to 7:00 p.m.

(3) Exceptions to the above regulations:

(i) Drip and/or mist irrigation systems.

(ii) Other uses which cannot reasonably comply with the above regulations due to the large size, normal hours of use or type of use of the area to be irrigated may be excepted upon approval of the City Manager of a water conservation plan which meets the goals of reduction and conservation.

(b) To allow the escape of water through leaks, breaks or malfunction within the customer's plumbing or distribution system for any period of time within which such break or leak should reasonably have been discovered and corrected. It shall be presumed that a period of twenty-four (24) hours after the customer discovers such break, leak or malfunction, or receives notice from the City, is a reasonable time within which to correct such condition or to make arrangements for correction. If the leak, break or malfunction is discovered on a Sunday or legal holiday, then it is presumed that the twenty-four (24) hour period would begin at 12:00 midnight at the end of the Sunday or legal holiday.

(c) The use of water for washing vehicles or boats, and cleaning buildings or mobile home exteriors, except when using a shut-off nozzle on the hose.

(d) The operation of any non-self-service commercial car washes unless the soap/water for such use is reclaimed.

(e) Provide water to patrons in restaurants except when specifically requested by the patrons.

(f) Use of water in publicly displayed ornamental fountains in public or commercial establishments, except when specifically approved by the City.

(g) Use of water to wash driveways, sidewalks, patios, parking lots, aprons and other similar exterior surfaces, except for sanitation, public health and safety, and fire protection purposes.

(h) The indiscriminate running of water or washing with water not otherwise prohibited above which is wasteful and without reasonable purpose and which is evidenced by the runoff of water from the property or into drainage facilities for more than ten (10) minutes.

(i) Obtain water from a fire hydrant, except for construction purposes and other purposes specifically authorized by the City Manager.

(j) Use of water for dust control purposes except for recycled, reclaimed or other non-potable water, except for health or safety purposes.

(Ord. 2024-23, § 1(Exh. A), 2024)

(a) Whenever the City becomes aware of a customer violating, causing or permitting a violation of the provisions of this Chapter, a written notice stating the nature of the violation shall be delivered to the customer at the premises by personal services or by first class mail and by posting in a conspicuous location at the premises. A copy of the notice shall be mailed to the customer who is regularly billed for use of water at the premises. All such notices also may be given to any other person known to the City who is responsible for the violation or the correction thereof, including a property owner of record where the owner rents the premises. The notice shall describe the nature of the violation and order that the violation be corrected, cured or abated immediately or within such specified period as the City believes is reasonable under the circumstances. The warning shall include a statement that upon a subsequent violation a flow restrictor may be installed on the water line to the premises.

(b) Upon occurrence of a second violation or failure to immediately correct, cure or abate a violation, a second notice shall be served, as provided above. The notice shall: (1) order the immediate correction, cure or abatement of the violation, (2) state that a flow restrictor will be installed on the water line to the premises for at least forty-eight (48) hours' time period, and (3) impose a fine or a surcharge of fifty dollars ($50.00) to cover the cost of installing and removing the restrictor. The fine shall be paid prior to removal of the restrictor. In the event that there is a third or subsequent violation for which notice is served as provided above, the City shall have the option to install a flow restrictor in the water line to the premises. The flow restrictor may not be removed by the City until fourteen (14) calendar days have elapsed from the date of installation and the fine, which is provided for in this section, has been paid.

(c) In the event that the flow restrictor installed by the City is bypassed or removed by other persons than the City, then the City may install a new flow restrictor on the water line to the premises. In addition, the City has the option to disconnect the service to the premises. Resident and owner of the premises will be jointly and severally responsible for the payment of fifty dollars ($50.00) per flow restrictor, which is installed by the City. Notice shall be given as set out under Subsection (a) of this section that an additional flow restrictor has been installed on the water line and that water to the premises will be disconnected. The decision for disconnection of water service may be appealed, within three (3) calendar days of service of the notice to the City Manager, or his designee. The appeal must contain information as to appellant's address for the purpose of service of the decision of the City Manager. Service of the decision shall be considered complete upon leaving a copy of the decision at the address supplied by appellant and mailing the same to the address.

The City Manager shall review the matter and issue a written decision concerning: (1) the disconnection of water service, installation of flow restrictors, and (2) payment of fines, surcharges and installation costs. The decision shall be made and served on appellant within three (3) calendar days of receipt of appellant's written appeal. If the appellant wishes to appeal the decision of the City Manager, the appeal shall be directed in writing to the City Council within three (3) calendar days after receipt of the City Manager's decision (not including Saturday, Sunday or holidays). The City Council may hear the appeal at their next regularly scheduled meeting or a special meeting called for the purpose of reviewing the appeal. The decision of the City Council shall be made and a notice of the decision shall be served on the appellant within three (3) calendar days of the Council's decision, not including Saturdays, Sundays or holidays. Water service shall not be disconnected nor shall there be an installation of additional flow restrictors during the time the City Manager or the Council is reviewing the matter and until three (3) calendar days, not including Saturdays, Sundays or holidays, after the written decision is served on the appellant. The decision of the Council, concerning the installation of the flow restrictors, disconnection of water service, and payment of fines, surcharges and installation costs shall be the final administrative decision.

(d) In the event that a flow restrictor is to be installed pursuant to this Chapter, as provided within this section, City shall be granted access to the water lines for installation and maintenance of the flow restrictor. The City shall not be responsible for the costs of landscaping, sheds, sidewalks or other alterations to the property of resident which are required to gain access to water lines in order to perform the installations and maintenance.

(e) Violation of the provisions of this Chapter shall be deemed an infraction with each day such violation is committed or permitted to continue constituting separate offenses and punishable as such. The City may elect to prosecute such violation as an infraction(s) or as a civil violation(s) with fines or surcharges as set out above, or as both an infraction and as a civil violation.

(Ord. 2024-23, § 1(Exh. A), 2024)

Any customer found by the City to be in violation of any of the provisions of this Chapter shall be deemed guilty of an infraction. Each day such violation is committed or permitted to continue after written notice has been served on the customer by the City Manager or the City Council shall constitute a separate offense and shall be punishable as such. Said violation shall be in addition to the fines or surcharges established in this Chapter.

(Ord. 2024-23, § 1(Exh. A), 2024)

The City Manager is hereby authorized to and may perform all the provisions of this Chapter.

(Ord. 2024-23, § 1(Exh. A), 2024)

If any provisions of this Chapter are held to be unconstitutional, that portion or part thereof will be severed from the remainder and the remainder will be given full force and effect.

(Ord. 2024-23, § 1(Exh. A), 2024)

The remedies and penalties provided for in this Chapter shall be cumulative and shall be in addition to any of all other remedies available to the City Manager and the City Council.

(Ord. 2024-23, § 1(Exh. A), 2024)