Article VIII — WATER WASTE

SEC. 22-135. DECLARATION OF POLICY AND PURPOSE.

The city council hereby declares that because of the normally arid conditions in Southern California, the recurrent critical low levels of precipitation throughout the State, and the limited available supply of local and imported water, the general welfare of the city requires that water resources available to the city be used for the maximum beneficial purpose.

(`64 Code, Sec. 33-90) (Ord. No. 2232)

SEC. 22-136. WATER WASTE PROHIBITED.

(A) The city council further declares that any waste or unreasonable use, or unreasonable method of use of water is hereby prohibited and that the conservation of water shall be mandatory on all persons using city water within and outside the city limits.

(B) Therefore, the city council orders the restrictions on water use as specified below:

(1) Limits on watering hours. Watering of lawns, ornamental turf, trees, shrubs, vegetation, landscape and other outside irrigation is prohibited except between 6:00

p.m. and 9:00 a.m. Testing of, repairs to and replacement of irrigation systems may occur outside of the normally allowed irrigation period.

(2) No outdoor irrigation during rain. Outdoor irrigation is prohibited during rain.

(3) Limits on watering duration. Watering or irrigating of lawns, landscape or other vegetated area with potable water using a landscape irrigation system or a

watering device that is not continuously attended is limited to no more than 15 minutes per day per station. This subsection does not apply to landscape irrigation systems that exclusively use high efficiency irrigation equipment, very low-flow drip type irrigation systems when no emitter produces more than two gallons of water per hour, and weather based controllers or high-efficiency stream rotor sprinklers.

(4) No run-off. Watering of turf, ornamental landscape, open ground crops and trees (including agricultural irrigation) in a wasteful manner is prohibited. Wasteful

practices include, but are not limited to, allowing water to run off onto sidewalks, driveways, gutters or streets, or allowing the pooling or puddling of water on any hard- surfaced area.

(5) No use of water to clean surfaces. The use of running water from a hose, pipe, or faucet to clean buildings, pavement, tile, wood, plastic, driveways, parking

lots, and other paved surfaces is prohibited, except for public health and safety reasons and then only with a hose with an automatic shut-off nozzle.

(6) Recycled water for ornamental ponds and fountains. Where and when available, approved non-potable water shall be used to fill or refill recreational or ornamental lakes, ponds or fountains. When using non-potable water, the user shall post signs in conspicuous areas identifying the fact that non-potable water is being used. Newly installed or replacement ponds and fountains shall include recirculation pump(s) that maximize the efficiency and reuse of fill water.

(7) Prompt leak repair. All leaks, breaks or malfunction within a plumbing or water distribution system shall be repaired as promptly as practical. All repairs shall be

completed within 72 hours after discovery of such leak, break or malfunction, or receipt of notice from the city of such condition, whichever comes first.

(8) Boat and vehicle washing. Boats, vehicles and other mobile equipment shall be washed only at commercial wash facilities that recycle their wash water; by use

of a bucket and hose equipped with a self-closing valve that requires operator pressure to activate the flow of water; or by mobile high pressure/low volume professional services.

(9) Drinking water service upon request. Service of drinking water at all restaurants, hotels, cafes, cafeterias, coffee shops, fast-food operations, banquet facilities

or other public places where food is served or offered for sale, shall only be made upon customer request.

(10) Commercial dish washing. No later than July 1, 2010, all food preparation establishments shall use water conserving dish wash spray valves when washing

dishes.

(11) Commercial lodging water conservation measure. Operators of hotels, motels, and other commercial establishments offering lodgings shall post in each room

prominent notice encouraging water conservation practices, including the option of not having towels and linen laundered daily.

(12) Commercial/industrial cooling systems. Installation of new or replacement single pass cooling systems in commercial or industrial buildings is prohibited.

(13) Commercial car wash and laundry systems. Installation of new or replacement non re-circulating water systems in commercial conveyor car wash or

commercial laundry systems is prohibited.

(14) Swimming pools. Filling and refilling of a swimming pool, with the exception of the first filling of a swimming pool and the occasional adding of small quantities

of water to maintain proper water level, or for health or safety reasons, is prohibited.

(15) Waste, generally. Any indiscriminate use of water not otherwise addressed above and which is wasteful, is prohibited.

(`64 Code, Sec. 33-91) (Ord. No. 2232, 2265, 2826, 2810)

SEC. 22-137. WATER WASTE PROHIBITED; EMERGENCY PROVISIONS.

(A) The city council further declares during emergency drought conditions when the city council has adopted a declaration or resolution declaring a water shortage emergency that further emergency water conservation measures shall be mandatory on all persons using city water within city limits, and persons using city water outside the city limits but within the Oxnard Municipal Water's service area, and are in addition to the conservation measures in section 22-136.

(B) Therefore, the city council orders the emergency restrictions on water use as specified below:

(1) Stage 1 (10% reduction in available supplies). The following water conservation requirements apply during a stage 1 water supply condition: Water days:

outdoor irrigation is limited to three days per week using a landscape irrigation system or a watering device. The outdoor irrigation measures set forth in section 22- 136(B)(l) through (4) apply to this provision. These outdoor irrigation restrictions do not apply to the following categories:

(a) The hand watering of trees, food plants or other perennials with use of a container (e.g. bucket or watering can) or a hose fitted with a positive self closing

shut-off nozzle;

(b) The use of drip irrigation systems to apply water at a weekly volume consistent with the three days per week watering restriction; and

(c) Irrigation of sport activity fields as necessary to maintain playing surface quality.

(2) Stage 2 (10-20% reduction in available supplies). The following water conservation requirements apply during a declared stage 2 water supply condition:

(a) Water days. Outdoor irrigation is limited to two days per week using a landscape irrigation system or a watering device for no more than ten minutes per day

per station. The outdoor irrigation measures set forth in section 22-136(B)(1), (2) and (4) apply to this provision. These outdoor irrigation restrictions do not apply to the following categories:

1. The hand watering of trees, food plants or other perennials with use of a container (e.g. bucket or watering can) or a hose fitted with a positive self closing

shut-off nozzle;

2. The use of drip irrigation systems to apply water at a weekly volume consistent with the two days per week watering restriction; and

3. Irrigation of sport activity fields as necessary to maintain playing surface quality.

(b) Watering of non-functional turf, which is turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events

at commercial, industrial and institutional properties, including Home Owners Associations ("HOAs"), is prohibited.

(c) Prompt leak repair. All leaks, breaks or malfunction within a plumbing or water distribution system shall be repaired promptly, and in no event more than 48

hours after discovery or receipt of notice from the city.

(d) Limits on filling ornamental ponds or fountains. Filling or refilling ornamental lakes or fountains is prohibited, except to the extent needed to sustain aquatic

life, provided that aquatic life has been actively managed within the ornamental pond or fountain prior to declaration of a stage 2 water supply condition.

(3) Stage 3 (20-30% reduction in available supplies). The following water conservation requirements apply during a declared stage 3 water supply condition:

(a) Water days. Outdoor irrigation is limited to one day per week, using a landscape irrigation system or a watering device for no more than ten minutes per

station. The outdoor irrigation measures set forth in section 22-136(B)(1), (2) and (4) apply to this provision. These restrictions do not apply to the following categories:

1. The hand watering of trees, food plants or other perennials with use of a container (e.g. bucket or watering can) or a hose fitted with a positive self closing

shut-off nozzle;

2. The use of drip irrigation systems to apply water at a weekly volume consistent with the one day per week watering restriction; and

3. Irrigation of sport activity fields as necessary to maintain playing surface quality.

(b) Watering of non-functional turf, which is turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events,

at commercial, industrial and institutional properties, including Home Owners Associations ("HOAs”), is prohibited.

(c) Prompt leak repair. All leaks, breaks or malfunction within a plumbing or water distribution system shall be repaired promptly, and in no event more than 24

hours after discovery or receipt of notice from the city.

(d) Limits on filling ornamental ponds or fountains. Filling or refilling ornamental lakes or fountains is prohibited, except to the extent needed to sustain aquatic

life, provided that aquatic life has been actively managed within the ornamental pond or fountain prior to declaration of a stage 3 water supply condition.

(4) Stage 4 (30-40% reduction in available supplies). The following water conservation requirements apply during a declared stage 4 water supply condition:

(a) Water days. Outdoor irrigation is prohibited. This restriction does not apply to the following category:

1. The hand watering of trees, food plants or other perennials with use of a container (e.g. bucket or watering can) or a hose fitted with a positive self closing

shut-off nozzle; and

2. The use of drip irrigation systems to apply water as needed for trees, food plants or other perennials.

(b) Prompt leak repair. All leaks, breaks or malfunction within a plumbing or water distribution system shall be repaired promptly, and in no event more than 24

hours after discovery or receipt of notice from the city.

(c) Limits on filling ornamental ponds or fountains. Filling or refilling ornamental lakes or fountains is prohibited, except to the extent needed to sustain aquatic life, provided that aquatic life has been actively managed within the ornamental pond or fountain prior to declaration of a stage 4 water supply condition.

(5) Stage 5 (40-50% reduction in available supplies). The following water conservation requirements apply during a declared stage 5 water supply condition:

(a) Water. Watering with potable water is prohibited. This restriction does not apply to the following categories:

1. Maintenance of vegetation, including trees and food plants;

2. Maintenance of existing landscape necessary for fire protection;

3. Maintenance of existing landscape for erosion control; and

4. Maintenance of plant materials identified to be rare or essential to the well-being of protected species.

(b) Prompt leak repair. All leaks, breaks or malfunction within a plumbing or water distribution system shall be repaired promptly, and in no event more than 24

hours after discovery or receipt of notice from the city.

(6) Stage 6 (greater than 50% reduction in available supplies). The following water conservation requirements apply during a declared stage 6 water supply

condition:

(a) Water. Outdoor irrigation with potable water is prohibited.

(b) Prompt leak repair. All leaks, breaks or malfunction within a plumbing or water distribution system shall be repaired immediately upon discovery or receipt of

notice from the city.

(Ord. No. 3018, 3019)

SEC. 22-138. FAILURE TO COMPLY.

Any violation of the provisions of this article shall be prosecuted as an administrative citation, pursuant toChapter 7, Article III or as a criminal citation pursuant to Chapter 1, Article 1, section 1-10 as determined by the city attorney. The following administrative remedies shall be imposed against any person for violation(s) of this article:

(A) For the first violation, a written warning shall be issued to the responsible person or entity listed on the water service record for the location where the violation occurred or is occurring.

(B) For the second violation during a 12-month period, a written notice to correct the violation shall be issued to the responsible person or entity listed on the water service record for the location where the violation occurred or is occurring.

(C) For the third violation during a 12-month period, an administrative citation and fine in the amount of $100 shall be issued to the responsible person or entity listed on the water service record for the location where the violation occurred or is occurring.

(D) For the fourth violation during a 12-month period, an administrative citation and fine in the amount of $300 shall be issued to the responsible person or entity listed on the water service record for the location where the violation occurred or is occurring.

(E) For the fifth violation during a 12-month period, an administrative citation and fine in the amount of $700 shall be issued to the responsible person or entity listed on the water service record for the location where the violation occurred or is occurring.

(F) (1) For a sixth violation during a 12-month period, and upon a written notice of violation, the city shall be able to install, at the expense of the responsible person or entity, a flow-restricting device of one gallon per minute capacity on the location receiving water service through up to one and one-half-inch size distribution systems and comparatively sized restricting devices on locations receiving water service through larger distribution systems. These devices shall be installed for a period of not less than 48 hours on the service of the responsible person at the location at which the violation occurred.

(2) The charge for installation of such a flow-restricting device shall be based upon the size of the responsible person's or entity's meter and the actual cost of

installation.

(3) The flow-restricting device shall remain installed until removed as authorized by the city manager. The charge for removal of the flow-restricting device and

restoration of normal service shall be based on the city's actual cost.

(4) For any violations after the sixth violation during a 12-month period, the city may discontinue water service to the violator at the location at which the violation(s)

occurred, or impose such other penalty as deemed appropriate by the city manager, until such time that the city manager determines that further violations are not likely to occur.

(`64 Code, Sec. 33-92) (Ord. No. 2232, 2810, 3018, 3019)

SEC. 22-139. NOTICE TO CUSTOMER.

(A) The city shall provide notice of each violation of this article to the responsible person or entity at the location where the violation occurred, pursuant to the provisions of Chapter 7, Article III, sections 7-54 and 7-55 and as follows:

(1) For a first violation and subsequent violations, the city shall give written notice of the fact of such violation to the responsible person by personal service, by

delivery through regular United States mail addressed to the customer's residence, or any other means reasonably designed to notify the responsible person or entity of the violation.

(2) If the installation of a flow restrictor is scheduled, or the discontinuance of water service to the responsible person for any period of time may occur, advance

notice shall be given in the following manner:

(a) Written notice to the responsible person by personal service;

(b) If the responsible person is absent from or unavailable at either the customer's residence or place of business, by leaving a copy of the notice with an adult at

either location, and by delivery of the notice through regular United States mail addressed to the customer at either the responsible person's place of business or residence; or

(c) If such residence and place of business cannot be ascertained, or an adult cannot be found at the location of the violation, then by affixing a copy of the notice

in a conspicuous place at the location where the violation has occurred, and by delivery of a copy of the notice through regular United States mail addressed to the responsible person at the responsible person's water utility billing address and to the subject location.

(B) All notices shall contain, in addition to the facts of the violation, a statement of the possible remedies for each violation, a statement informing the responsible person of his/her right to an administrative hearing on the violation, the amount of the fine, and the date and time the water flow shall be restricted or the water service discontinued.

(`64 Code, Sec. 33-93) (Ord. No. 2232, 3018, 3019)

SEC. 22-140. RIGHT TO HEARING.

(A) Any responsible person against whom a fine has been issued or on whose water service is scheduled for flow restriction, or whose water service may be discontinued, shall have a right to a hearing to be conducted by a person selected by the city manager. The responsible person shall file the written request for a hearing or complete an administrative hearing request form with the city manager's designee within 30 days of the date of notification of the violation and intended remedy. All hearings shall be conducted in conformity with the provisions of this section, Chapter 7, Article III, sections 7-58 through 7-63, and Chapter 1, Article III.

(B) A responsible person against whom a fine has been issued may request a waiver of fine deposit pursuant toChapter 7, Article III, section 7-59.

(C) (1) The hearing shall be conducted promptly following the request for hearing. The responsible person may present any relevant evidence at the hearing which tends to show that the alleged violation has not occurred.

(2) The formal rules of evidence shall not apply and all relevant evidence customarily relied upon by reasonable persons in the conduct of serious business affairs

shall be admissible, unless a sound objection warrants its exclusion.

(3) The decision of the city manager's designee shall be final and exhaust the administrative process.

(D) The responsible person may seek judicial review of the hearing officer's decision by filing an appeal with the Ventura County Superior Court Clerk within 20 calendar days after the responsible person receives a copy of the notice of decision in accordance with Cal. Gov't Code, Section 53069.4. Any appeal filed with the superior court shall contain a proof of service showing that a copy of the appeal was served upon the city. The responsible person must pay the appropriate filing fees.

(`64 Code, Sec. 33-94) (Ord. No. 2232, 3018, 3019)

SEC. 22-141. RESTORATION OF DISCONTINUED WATER SERVICE.

When water service is discontinued, the service shall be restored upon the following conditions:

(A) Proof submitted by the violator of correction of the condition or activity satisfactory to the city manager or his designee; and

(B) Payment of the estimated restoration charge, including the cost of any inspection fees or required staff time, and all other fees and charges still outstanding, including, but not limited to, fines and/or installation and removal charges for flow restrictors.

(`64 Code, Sec. 33-95) (Ord. No. 2232, 3018, 3019)

SEC. 22-142. LIMITATIONS ON CURTAILMENT.

Nothing contained in this article shall be construed to allow the city to curtail the supply of water to any customer when, in the discretion of the city manager or Ventura County Environmental Health Department, such water is required by that customer to maintain a minimum level of public health and safety.

(`64 Code, Sec. 33-96) (Ord. No. 2232, 3018, 3019)

SEC. 22-143. ENFORCEMENT PERSONNEL.

The employees of the police, fire, development services and public works departments and other designated persons shall be responsible for enforcement of the various sections of this article under their respective authority or as is specifically assigned to them by the city manager.

(`64 Code, Sec. 33-97) (Ord. No. 2232, 2810, 2826, 3018, 3019)