section 22-162.

(B) In determining whether relief shall be granted, the hearing officer shall consider all relevant factors including, but not necessarily limited to, the following:

(1) Any considerations that might warrant modifications to the maximum allowed water use based on the customer's historical use.

(2) Whether the required reduction in water consumption will result in unemployment or economic hardship dissimilar to other similarly situated customers.

(3) Whether additional members have been added to the household.

(4) Whether any additional landscaped property has been added to the property subsequent to the historical base period.

(5) Changes in vacancy factors in multi-family housing.

(6) Increased number of employees in commercial, industrial and governmental offices.

(7) Water uses during new construction.

(8) Adjustments to water use caused by emergency, health or safety issues.

(9) First filling of a swimming pool constructed under permit.

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

(11) Increased production requiring increased processed water.

(12) Water use in multi-family housing or mobile home parks where more than one dwelling unit is provided water service by a single water meter.

(13) Unusual or unexplained water usage.

(14) Water usage that is substantially less than adjacent and similar properties as a direct result of historic water conservation practices. In no event, however, may

an adjustment be made which would permit a water use higher than that which historically existed.

(Ord. No. 2729)

SEC. 22-159. NOTICE OF VIOLATION.

(A) The city manager shall give the following written notice of violation to the customer committing the violation:

(1) Notice of the applicable water use allotment or restriction, along with the actual measured use and alleged violation, shall be given in writing by regular mail or

personal delivery to the customer's address on file with the city.

(a) If personal delivery is used, the notice of violation shall be provided to the customer or to an adult at the premises and by sending a copy through the regular

mail to the address at which the customer is normally billed;

(b) If the customer or an adult cannot be located at the premises, then by affixing a copy in a conspicuous place at the premises at which the violation occurred

and also by sending a copy through the regular mail to the address at which the customer is normally billed.

(2) The notice shall contain a description of the facts of the violation, a statement of the possible penalties for each violation and a statement informing the

customer of his/her right to request an adjustment or an appeal.

(Ord. No. 2729)

SEC. 22-160. REDUCTION IN WATER SUPPLIED.

If any customer fails to comply with any provision of this article, the city manager may reduce the amount of water provided to that customer to the level which that customer would be using if he/she were complying with the provisions of this article. The provisions of this section shall be applied in lieu of, or in addition to, any of the other provisions of this article, at the discretion of the city manager, and may be applied without regard to the status or nature of the customer.

(Ord. No. 2729)

SEC. 22-161. WATER SHORTAGE EMERGENCY; HEALTH AND SAFETY IMPACTS.

Nothing contained in this article shall be construed to: (A) alter the city council's authority to declare and implement a water shortage emergency, as provided in Water Code Section 350 et seq.; or (B) require the city to curtail or reduce the supply of water to any customer when, in the discretion of the city, substantial damage to equipment could occur or such water is required by that customer to maintain an adequate level of health and safety.

(Ord. No. 2729)

SEC. 22-162. APPEAL.

(A) Each customer shall have the right to appeal the restrictions or allocation granted under the water shortage resolution or any notice of violation by filing a written request for appeal with the city clerk within fifteen days of receipt of the relevant decision or notice.

(B) If the request for appeal is not received by the city clerk within the required period, the customer shall forfeit the right to appeal.

(C) Each customer filing an appeal shall be given a hearing before a hearing officer designated by the city manager. The hearing shall be conducted promptly following the request.

(D) The customer may present any relevant evidence at the hearing. The formal rules of evidence shall not apply. All relevant evidence shall be admissible, unless a sound objection warrants its exclusion.

(E) No relief shall be granted to any customer who, when requested, fails to provide any information necessary for resolution of the customer's appeal. The imposition of any remedy, surcharge, and installation of a flow-restricting device or fine shall be stayed during the processing of the appeal.

(F) A final decision on the appeal shall be provided to the customer in writing within thirty days of receipt of the appeal. The customer shall have exhausted his/her administrative remedies upon the issuance of this final decision.

(Ord. No. 2729)