Article IX — WATER CONSERVATION AND WATER SHORTAGE RESPONSE

PROCEDURES

SEC. 22-150. SHORT TITLE.

This article IX shall be known and cited as the "City of Oxnard Water Conservation and Water Shortage Response Ordinance."

(Ord. No. 2729)

SEC. 22-151. DECLARATION OF WATER SHORTAGE CONDITIONS.

(A) The city council may, by resolution, declare that water shortage conditions are present within the city. The city council shall establish mandatory water conservation measures associated with the water shortage conditions, as further provided in section 22-154.

(B) This article shall apply to all customers and properties that receive city water service.

(C) All mandatory water conservation measures shall remain in effect until the city council declares that the water shortage conditions have eased so that the shortage responses may be modified or eliminated.

(Ord. No. 2729)

SEC. 22-152. POLICY AND PURPOSE.

(A) During a declared water shortage condition, the water sources available to the city shall be allocated to the maximum beneficial use to the greatest extent possible, and the waste or unreasonable use or unreasonable method of use of water shall be prevented, and water available is to be conserved with a view to the reasonable and beneficial use thereof in the interests of the people of the city and for the public welfare.

(B) The purpose of this article is to provide water shortage condition response procedures to minimize the effect of any existing or threatened water shortage conditions on customers and businesses within the city. These provisions are intended to significantly reduce the consumption of city water over an extended period of time and, thus, extend the availability of water for city customers while reducing the hardship on the city and the general public to the greatest extent possible.

(Ord. No. 2729)

SEC. 22-153. GENERAL PROHIBITION: ENFORCEMENT.

(A) No customer shall make, cause, use, or permit the use of water in a manner contrary to any provision of this article or article VIII in an amount in excess of any reduction levels described in a city council adopted water shortage condition resolution. For any violation of the provisions of this article or article VIII may be prosecuted under the provisions of section 1-10 of this code, and each violation of each during which such unauthorized use occurred, continued or was permitted shall be considered a separate violation.

(B) In addition to prosecution under the provisions of section 1-10, any unauthorized water use in violation of this article shall be a public nuisance. The city may prosecute any violation of the use restrictions set forth in this article by means of criminal and civil filings, as deemed appropriate by the city attorney.

(Ord. No. 2729, 2810)

SEC. 22-154. MANDATORY WATER CONSERVATION MEASURES.

(A) Whenever the city council declares that water shortage conditions exist, the city council shall also designate the severity of the shortage conditions and establish mandatory conservation measures.

(B) The severity of each water shortage condition shall be designated in stages, from 1 to 4. Each stage shall correspond to the degree to which the city has or is likely to suffer reduced availability of water supplies, as follows:

Stage Severity: Reduction in Available Supplies 1 Up to 15% 2 15-25% 3 25-35% 4 Greater than 35%

(C) Each resolution declaring or modifying a water shortage condition shall include mandatory water use restrictions. Any required reductions in water use shall begin with the customer's next full billing period following the declaration or as otherwise provided in the resolution. In addition to the restrictions set forth in section 22-136, the required water use restrictions may include, but are not limited to the following:

(1) Maximum allowed water use. The manager shall establish a method of determining each customer’s water use (baseline use) against which any required

reductions shall be measured. The methodology for determining each customer’s baseline use shall be described in the water shortage resolution, and shall include historical use and usage for similar situated customers. To the extent practical, customers who have already implemented up-to-date conservation practices shall not be penalized in establishing their baseline use.

(2)  One-time and short-term uses:

  (a) The manager shall grant prior approval for water to be used on a one-time or short-term basis for construction and dust control. The user shall submit to the

manager its water use plan at least 30 days in advance of the proposed use.

  (b) The use of potable water for sanitation, irrigation and construction purposes, including but not limited to dust control, settling of backfill, flushing of plumbing

lines, and washing of equipment, buildings and vehicles, shall be prohibited in all cases where the manager has determined that use of reclaimed, recycled or other forms of nonpotable water use is a feasible alternative.

  (c)  Depending upon the severity of the water shortage, the city may not issue new construction meters or short term water use unless reclaimed or non-potable

water is used, unless potable water use is necessary to protect the health, safety or welfare.

(3)  Fire hydrants. 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.

(4)  Exceptions for fire/erosion protection. Irrigation may be permitted for ground cover for fire protection purposes and erosion control. Depending on the severity of

the water shortage conditions, outside residential, municipal or commercial landscape irrigation may be limited or prohibited.

(5) Expeditious leak repair. All leaks, breaks or malfunction within a plumbing or water distribution system shall be repaired as expeditiously as practical. All repairs shall be completed within 48 hours after discovery of such leak, break or malfunction, or receipt of notice from the city of such condition, whichever comes first.

(6)  Restrictions on potable water use for irrigation. Depending upon the drought severity, the use of potable water for irrigation uses may be restricted or prohibited.

The manager shall have the right to shut off water service to any such irrigation service upon seven days advance notice to the customer.

(7)  Limits on swimming pools. Watering to maintain the level of water in swimming pools shall occur only when essential. A pool cover shall be used to conserve

water at all times. Draining of pools or refilling shall be done only for health or safety reasons as determined by the health department or manager. Depending on the severity of the declared drought emergency, the introduction of water into residential swimming pools and spas may be prohibited.

(8)  Limits on agricultural use. Agricultural customers, commercial nurseries and livestock facilities shall use water only when necessary. The water shortage

resolution may invoke appropriate measures to limit or prohibit certain use of potable water for commercial agricultural use.

(9)  Irrigation of public works. Irrigation of parks, school ground areas, and road median landscaping will not be permitted more than twice a week and only if

necessary. Depending on the severity of the drought emergency, these water uses may be prohibited unless recycled water is used.

(10)  Limits on golf courses. Golf course water use shall be limited based upon the severity of the drought. To the extent potable water is used for golf course

irrigation, limitation on the irrigation of roughs shall be implemented before limitations on fairway irrigation. Efficient use of recycled water on any golf course shall not be limited.

(11)  Limit new water service. Depending on the severity of the drought, issuance of building permits which require new or expanded water service may be limited

or withheld, except to protect the public's health, safety and welfare, or in cases which meet city council adopted conservation offset requirements.

(12)  Other prohibited uses. The city may implement other water-related restrictions or prohibitions based on the severity of the emergency.

(D) Each water shortage condition resolution shall set forth a scheduled time for its expiration or further review of the water shortage situation.

(Ord. No. 2729, 2810)

SEC. 22-155. PUBLIC NOTIFICATION.

Concurrent with the hearing on the adoption of a water shortage condition resolution and following its adoption, the city council shall implement all reasonable measures to inform city customers of all water use restrictions. The city manager may issue notices through press releases, to print and broadcast media and with customer water bills. The city manager may also provide written and verbal notification to specific impacted industry groups, such as public services, hotels, golf courses, school districts, developers and restaurants.

(Ord. No. 2729)

SEC. 22-156. EXCEPTIONS.

(A) Based on the severity of the declared water shortage conditions, the city council may except any or all of the following uses, in their entirety or in part, from the mandatory conservation measures:

(1)  Commercial vehicle washes with water recycling systems, mobile high pressure/low volume professional vehicle wash services and commercial laundries, as

consumers commonly use these types of businesses as a water conservation measure.

(2)  Water use necessary for public health and safety, for essential health care services or governmental services such as police, fire and other similar public safety

or emergency services.

(3) Use of reclaimed or recycled water.

(B) Public agency or other customers who utilize multiple water meters, or who have unique circumstances, may seek approval from the manager to implement a customized water conservation plan in lieu of the mandatory conservation measures set forth in the city council resolution. Such a plan must reduce water consumption to a level consistent with other customers, and shall be effective upon written approval of the manager.

(Ord. No. 2729)

SEC. 22-157. ENFORCEMENT.

In addition to the remedies provided pursuant to section 1-10 of the city code, the manager shall take the following steps in response to the failure of any customer to comply with water use restrictions established in any water shortage conditions resolution.

(A) A surcharge shall be imposed on the customer based on the magnitude of the water overuse, and the number of separate occasions the customer has exceeded the designated allotment during the water shortage condition. The charges shall be as follows:

Shortage Infractions Stage Up to two Three or more Water use in excess of allotment billed Water use in excess of allotment billed 1 at two times the highest unit rate for that at four times the highest unit rate for customer class that customer class. Water use in excess of allotment billed Water use in excess of allotment billed 2 at three times the highest unit rate for at five times the highest unit rate for that that customer class customer class Water use in excess of allotment billed Water use in excess of allotment billed 3 at four times the highest unit rate for at six times the highest unit rate for that that customer class customer class Water use in excess of allotment billed Water use in excess of allotment billed 4 at five times the highest unit rate for that at seven times the highest unit rate for customer class that customer class

(B) In addition to the imposition of the surcharge described in subsection (A) above, for the fourth failure to comply, the manager shall install on the customer service a flow-restricting device of one gallon per minute capacity for services up to one and one-half inch size, and comparatively sized restricting devices for larger services. The device shall remain installed at the discretion of the manager, or until the water shortage resolution is terminated.

(C) The city shall charge the customer for the costs incurred for installing and removing the flow-restricting devices and for restoration of normal service. The charge and any surcharges shall be paid before normal service is restored.

(D) In every case, the excess water use penalty is in addition to the regular rate charged for water.

(E) Each failure to comply will be cumulative for the duration of a water shortage condition.

(Ord. No. 2729, 2810)

SEC. 22-158. REQUEST FOR ADJUSTMENT.

(A) A customer shall have the right to request relief from or an adjustment to an allowed allocation. The timing and processing of the request shall be as provided in