Portola Municipal Code Ch. 13.28 Conservation

It is the purpose of this chapter to provide a mandatory water conservation plan to minimize the effect of a shortage of water on the consumers of the city and the areas served, and to adopt provisions that will significantly reduce the consumption of water by the city and by the general public to the greatest extent possible, voluntary conservation efforts having proved insufficient as of the date hereof.

(Ord. 225 (part), 1988)

The city administrator/manager or his designated representative is authorized and directed to implement the provisions of this chapter upon the effective date of the ordinance codified in this chapter, or as soon thereafter as is practical.

(Ord. 225 (part), 1988)

The provisions of this chapter shall apply to all persons using water, both in and outside the city and within city water service areas, and regardless of whether any person using water shall have a contract for water service with the city. Notwithstanding other code provisions inconsistent with this chapter, the provisions of this chapter shall supersede and prevail until the enforcement of this chapter is deemed necessary.

(Ord. 225 (part), 1988)

It is unlawful for any person to use water for any of the following:

A. The use of water from any fire hydrant unless specifically authorized by permit from the city, except by regularly constituted fire protection agencies for fire suppression purposes, and practice, if needed;

B. The watering of grass, lawn, ground cover, shrubbery, open ground crops and trees, including agricultural irrigation, in a manner or to an extent which allows excess water to run to waste;

C. The escape of water through leaks, breaks or malfunction within the water user'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 hours after the water user discovers such a break, leak or malfunction, or receives notice from the city of such condition, whichever occurs first, is a reasonable time within which to correct such condition or to make arrangements for correction;

D. The use of water for washing cars, building exteriors, mobilehome exteriors, boats, sidewalks, driveways or other exterior surfaces, without the use of a quick-acting positive shutoff nozzle on the hose;

E. The indiscriminate running of water or washing with water not otherwise prohibited above which is wasteful and without reasonable purpose.

(Ord. 225 (part), 1988)

The city administrator/manager may grant permits for uses of water otherwise prohibited by this chapter if he finds and determines that special circumstances make compliance not reasonably possible, or that the restrictions herein would either:

A. Cause an unnecessary and undue hardship to the water user or to the public; or

B. Cause an emergency condition affecting the health, sanitation, fire protection or safety of the water user or of the public; or

C. Prohibit operation of an efficient automatic or drip irrigation system which would use less water than alternative methods of irrigation.

Such exceptions may be granted only upon application in writing therefor. Upon granting any such exception permit, the city administrator/manager may impose any conditions he determines to be just and proper, including a condition that such exceptional use be brought into compliance within a reasonable period of time.

(Ord. 225 (part), 1988)

A. First Violation. For a first violation, the agency shall issue a written notice of violation to the water user violating the provisions of this chapter.

B. Second Violation—Two Hundred Percent Surcharge. For a second violation of this chapter within a twelve-month period, a one-month surcharge is imposed in an amount equal to two hundred percent of the previous month's water bill.

C. Third Violation—Two Hundred Percent Surcharge—Installation of Flow Restrictor. For a third violation of this chapter within a twelve-month period, a two hundred percent penalty surcharge is imposed. In addition to the surcharge, the agency may at its discretion install a f low-restricting device with a one-eighth-inch orifice for services up to one and one-half inch size, and comparatively sized restrictors for larger services, on the service of the customer at the premises at which the violation occurred for a period of not less than forty-eight hours. The charge for installing a flow-restricting device shall be based upon the size of the meter and the costs of the installation but shall not be less than twenty-five dollars. The charge for removal of the flow-restricting device and restoration of normal service shall be twenty-five dollars if restoration of normal service is performed during the hours of eight a.m. to four p.m. on regular working days. If the removal of the flow-restricting device and restoration of normal services is made after regular working hours, on holidays or weekends, the restoration service charge shall be forty dollars.

D. Subsequent Violations—Discontinuance of Service. For subsequent violations of this chapter within the twenty-four calendar months after a first violation as provided in Section 13.28.070 of this chapter, the agency shall discontinue service to that customer at the premises at which the violation occurred. The city administrator/manager shall notify the violator that the water service will be disconnected. The notice of termination of water service shall be given not less than three working days prior to the disconnection, and shall be by certified mail, return receipt requested. Prior to reconnection the user shall be obligated at his or her sole expense, to install a water meter, and reimburse the city for all costs incurred arising out of the installation. The meter shall remain the property of the city.

E. Notice.

1. For a first violation, written notice thereof may be given to the customer personally or by regular mail.

2. If the penalty assessed is a surcharge for a second or third violation, notice may be given by regular mail.

3. If the penalty assessed is, or includes, the installation of a flow restrictor or the discontinuance of water service to the customer for a period of time whatsoever, notice of the violation shall be given as set forth in subsection D of this section. The notice shall contain, in addition to the facts of the violation, a statement of the possible penalties for each violation and a statement informing the customer of his right to a hearing on the violation, or a copy of this chapter.

(Ord. 225 (part), 1988)

In the event the water supply reaches a critical stage which endangers the health, welfare and safety of the community and the areas served, the city administrator/manager may enforce rationing and restrict use of water subject to the conditions set forth in this section.

A. Critical State. When the city administrator/manager and the director of public works have determined that the water levels cannot be adequately increased in a reasonable time period to provide all services needed, the administrator/manager may enforce emergency conservation measures, as follows:

1. Phase I. All exterior uses of water as set forth in subsections B and D of Section 13.28.040 are prohibited between the hours of ten a.m. and seven p.m. each day.

2. Phase II. All exterior uses of water as set forth in subsections B and D of Section 13.28.040 are prohibited between the hours of ten a.m. and seven p.m. as follows:

a. North of the Middle Fork of the Feather River on odd-numbered calendar days; or

b. South of the Middle Fork of the Feather River on even-numbered calendar days.

3. Phase III. In the event it becomes necessary, the city administrator/manager may, with the concurrence of the council, prohibit all outside uses of water.

B. Notification. The imposition of the measures set forth in this section shall be subject to a notice to be published one time in a local newspaper and the alert stage shall continue until subsequent notice is published advising the users of the status of the emergency.

C. Enforcement. Violation of the provisions of this section shall be an infraction subject to punishment of a fine not to exceed the amount of one hundred dollars.

(Ord. 225 (part), 1988)

In addition to the provisions set forth in the preceding sections, it shall be the responsibility of each and every water user to make every attempt to use water in a reasonable fashion, and at all times employ sound water conservation practices.

(Ord. 225 (part), 1988)

Any customer against whom a penalty is levied pursuant to this chapter shall have a right to a hearing, in the first instance by the city administrator/manager, with the right of appeal to the city council, on the merits of the alleged violation upon the written request of that customer within fifteen days of notification of the violation.

(Ord. 225 (part), 1988)