Rialto Municipal Code Ch. 12.20 Water Conservation Requirements

The policies of this chapter are as follows:

A. All new structures shall be equipped with high-efficiency water closets and urinals as per Section 17921.3 of the California Health and Safety Code (or its successor statute, or equivalent standards established in the California Building Standards Code); with high-efficiency showers and faucets as required by the appropriate standards established in the currently adopted California Building Standards Code; and in addition all hot water lines shall be insulated in accordance with California Energy Commission rules.

B. All remodeled or expanded existing structures, if not so equipped, shall be retrofitted with new high-efficiency toilets, high-efficiency showers and faucets as required by the appropriate standards established in the currently adopted California Building Standards Code. Certification of compliance with this chapter shall be supplied to the building division of the development services department.

C. The use of native or water-conserving plant species for landscaping purposes is required; landscape plans shall be approved by the city.

D. The use of lawns shall be minimized in commercial, hotel, condominium, and high-density housing developments and shall be subject to city review and conditioning of projects.

E. The city shall cooperate with local water surveyors, appropriate state and other responsible agencies in facilitating a continuous program to increase consumer awareness about the need for and benefits of water conservation.

F. Large water users shall be encouraged to implement water recycling and reuse processes.

G. The city shall make water conservation measures as reliable a method of reducing water demands as water supply projects are in meeting such demands.

H. The city shall encourage large water users to implement water recycling and reuse processes.

I. In every environmental impact report, water demand, use and mitigation shall be addressed.

J. All new services, with the exception of single-family residences and apartment complexes up to and including four units per meter shall be required to install a separate water meter for the on-site landscaping.

(Ord. 1234 (part), 1995: Ord. 1130 (part), 1990: Ord. 713 (part), 1977)

(Ord. No. 1550, § 2, 9-9-14)

The city council shall adopt the applicable conservation stage by resolution, which shall apply to all persons and property affected by this chapter.

The term "base year" shall mean the following:

A. The year 2013, if the customer occupied the subject real property for the entire year.

B. If the customer did not occupy the subject real property for the entire year of 2013, the base year for that customer would be the first twelve months the customer occupied the subject real property in or after 2013.

C. If the customer has not occupied the subject real property for a twelve month period on the adoption of the ordinance codified in this chapter, then the city will determine goals for that customer, which goals shall be compared to the actual use of the customer on the subject property. The customer shall have a ten-day period after the customer receives the goals to appeal that determination to the city administrator, in writing. If the customer fails to appeal the determination within the ten-day period the goals shall be final. Upon receipt of a timely appeal, the city administrator shall schedule a hearing at which the city administrator or his/her designated representative shall act as the hearing officer. The hearing shall be at least ten days following receipt of the appeal, and the city shall mail written notice of the hearing to the customer at least ten days before the date of said hearing. The determination of the hearing officer with respect to the goals shall be final.

(Ord. 1130 (part), 1990: Ord. 713 (part), 1977)

(Ord. No. 1550, § 3, 9-9-14; Ord. No. 1560, § 2, 7-14-15)

Stage 1, normal conditions means normal supply and distribution capacity is available and the following water conservation measures shall apply:

A. Recommendations for Use of Water.

1. Watering with automatic sprinklers should be done between eight p.m. and six a.m. Hand watering and non-automatic sprinklers should be done between six p.m. and eight a.m. Drip irrigation is exempt from this recommendation. Water being used during repair or maintenance of watering systems is exempt from this section.

2. Water conservation should be practiced within the home or business.

3. All restaurants and food establishments are requested not to serve water to their customers unless specifically requested by the customer.

B. The following uses of water are hereafter considered nonessential to the public health, safety and welfare and, if practiced, would constitute wastage of water and is hereby prohibited, pursuant to Water Code Section 350 et seq., Water Code Section 71640 et seq., and the common law:

1. There shall be no application of water to sidewalks, walkways, driveways, parking areas, patios, porches, verandas, tennis courts or other paved, concrete or other hard surface areas, except that flammable or other similarly dangerous or unhealthy substances may be washed from said areas by direct hose flushing for the benefit of public health or safety.

2. No water shall be used to clean, fill, operate or maintain levels in decorative fountains unless such water is part of a recirculating system.

3. No person shall knowingly permit water to leak from any facility, improvement or plumbing fixture on his/her/its premises; any such leak shall be repaired in a timely manner.

4. Washing of automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment is prohibited unless done with a bucket or hand-held hose equipped with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use. This section does not apply to the washing of the above-listed vehicles or mobile equipment when conducted at a commercial car or truck wash utilizing recirculating systems. Such washings are exempted from these regulations when the health, safety, and welfare of the public is contingent upon frequent vehicle cleaning such as garbage trucks and vehicles used to transport food and perishables.

5. Use of water for any purpose which results in flooding or run-off in gutters, driveways or streets is prohibited.

6. The use of sprinklers for any type of irrigation during high winds, which divert a significant amount of water away from the intended landscaping, is prohibited.

7. The irrigation of potable water of ornamental turf on public street medians is prohibited. The term "median" shall mean the strip of land between street lanes.

8. The irrigation with potable water of landscape outside of newly constructed homes and buildings must be consistent with regulations or other requirements established by the California Buildings Standards Commission, as those regulations may be modified from time to time.

(Ord. 1130 (part), 1990)

(Ord. No. 1550, § 4, 9-9-14; Ord. No. 1560, § 3, 7-14-15)

Stage 2 means that the city may not be able to meet all water demands of all water customers, or the State of California has adopted regulations requiring the city to implement requirements and actions of a Stage 2 Water Alert as outlined herein this Section 12.20.022, regardless of the city's local water supply, and the following water conservation measures shall apply:

A. Additional Reductions.

1. All policies and prohibitions listed in Sections 12.20.010 and 12.20.021.

2. All customers are required to reduce potable water consumption by a minimum twenty percent compared to their potable water consumption in the base year.

3. The city shall screen all new applications for water service installations and shall limit water use to that essential for construction and testing of landscape plumbing. Limited landscaping for new development shall be allowed as approved by the city.

4. All landscape irrigation shall be limited to no more than four days per week for no more than ten minutes per station per day. This provision does not apply to any landscape that has water-efficient devices that are operated properly. Water-efficient devices are drip irrigation systems and operational weather-based irrigation controllers. The term "week" is defined as Sunday through Saturday.

5. Operators of hotels and motels must provide guests with the option of choosing not to have towels and linens laundered daily and prominently display notice of this option.

6. All restaurants are prohibited from serving water to their customers except when specifically requested by the customer.

7. All customers shall repair all leaks within seventy-two hours of notification by the city, actual notice by the customer, or other notice of such leak, unless other arrangements are made with the city administrator or his/her designee.

8. Irrigating turf or ornamental landscapes during or within forty-eight hours following measurable precipitation in excess of one-quarter-inch is prohibited.

B. The following penalties shall apply:

1. First Violation: Notice of Non-Compliance—A written "warning" shall be issued for the first offense.

2. Second Violation: Warning of Penalties—A written warning notice of the future imposition of penalties that could be placed on the customer's water bill shall be issued for the second offense.

3. Third Violation: A surcharge of one hundred dollars shall be added to that billing for the third offense occurring within a one year period.

4. Fourth Violation: A surcharge of three hundred dollars, and installation of a flow restricting device in the meter for a minimum of ninety-six hours (at customer's expense) shall be imposed for the fourth offense occurring within a one-year period. Said restricted flow shall meet minimum county health department's standards, if any have been established. If said ninety-six hour period ends on a weekend or holiday, full service will be restored during the next business day.

5. Fifth Violation: A surcharge of five hundred dollars, and termination of water service at customer's expense for a two-day period shall be imposed for the fifth offense occurring within a one year period. Prior to the termination of water service, the customer may request an administrative hearing pursuant to Section 1.10.050.

(Ord. 1130 (part), 1990)

(Ord. No. 1550, § 5, 9-9-14; Ord. No. 1560, § 2, 7-14-15)

Stage 3 means that the city is not able to meet all water demands of all water customers, or the state of California has adopted regulations requiring the city to implement requirements and actions of a Stage 3 water warning as outlined herein this Section 12.20.023, regardless of the city's local water supply, and the following water conservation measures shall apply:

A. Sub-stage 3-A.

1. All policies and prohibitions listed in Sections 12.20.010, 12.20.021 and 12.20.022.

2. All customers are required to reduce potable water consumption by a minimum twenty-five percent compared to their potable water consumption in the base year.

3. New water service shall be installed but water shall be used before occupancy for essential construction only and for testing of landscape irrigation systems. The installation of new landscaping for all new development/projects must be approved by the city.

4. Swimming pools, ornamental ponds, fountains, water displays, hot tubs, spas and artificial lakes shall not be filled or refilled after being drained.

5. All landscape irrigation with potable water shall be limited to no more than three days per week for no more than ten minutes per station per day. This provision does not apply to any landscape that has water-efficient devices that are operated properly. Water-efficient devices are drip irrigation systems and operational weather-based irrigation controllers. Week is defined as Sunday through Saturday.

B. Sub-stage 3-B.

1. All policies and prohibitions listed in Sections 12.20.010, 12.20.021, 12.20.022, and sub-section A of this Section, except that all landscape irrigation with potable water shall be limited to no more than two days per week for no more than ten minutes per station per day.

2. Water used for compaction, dust control, and other types of construction shall be by permit only and will be limited to conditions of the permit or may be prohibited as determined by the city administrator, or his/her designee.

C. Sub-stage 3-C.

1. All policies and prohibitions listed in Sections 12.20.010, 12.20.021, 12.20.022, and sub-sections A and B of this Section, except that all landscape irrigation with potable water shall be limited to no more than one day per week for no more than ten minutes per station per day.

2. Washing of automobiles, trucks, trailers, boats, airplanes and other types of mobile equipment is prohibited. Washing of the above-listed vehicles or mobile equipment shall be done only at a commercial car wash where recirculating or recycled water is being utilized. Such washings are exempt from these regulations when the health, safety, and welfare of the public is contingent upon frequent vehicle cleaning such as garbage trucks and vehicles used to transport food and perishables.

D. The following penalties shall apply:

1. First Violation: Notice of Non-Compliance—A written "warning" shall be issued for the first offense.

2. Second Violation: Warning of Penalties—A written warning notice of the future imposition of penalties that could be placed on the customer's water bill shall be issued for the second offense.

3. Third Violation: A surcharge of one hundred dollars shall be added to that billing for the third offense occurring within a one year period.

4. Fourth Violation: A surcharge of three hundred dollars, and installation of a flow restricting device in the meter for a minimum of ninety-six hours (at customer's expense) shall be imposed for the fourth offense occurring within a one-year period. Said restricted flow shall meet minimum county health department's standards, if any have been established. If said ninety-six hour period ends on a weekend or holiday, full service will be restored during the next business day.

5. Fifth Violation: A surcharge of five hundred dollars, and termination of water service at customer's expense for a two-day period shall be imposed for the fifth offense occurring within a one year period. Prior to the termination of water service, the customer may request an administrative hearing pursuant to Section 1.10.050.

(Ord. 1130 (part), 1990)

(Ord. No. 1550, § 6, 9-9-14; Ord. No. 1560, § 5, 7-14-15)

Stage 4 means that the city is experiencing a major failure of water supply or distribution, or the state of California has adopted regulations requiring the city to implement requirements and actions of a Stage 4 water emergency as outlined herein this Section 12.20.024, regardless of the city's local water supply, and the following water conservation measures shall apply:

A. Additional Reductions.

1. All policies and prohibitions shown in Sections 12.20.010, 12.20.021, 12.20.022 and 12.20.023.

2. All customers are required to reduce potable water consumption by a minimum thirty percent compared to their potable water consumption in the base year.

3. No water shall be used for construction purposes unless they are using reclaimed water. All fire hydrant and construction meters shall be locked off or removed.

4. Commercial nurseries shall water only between the hours of eleven p.m. and six a.m. and only with hand-held devices or with drip irrigation.

5. There shall be no watering of any lawn or landscaped area, except by use of reclaimed water.

6. The use of water shall be limited to essential household, commercial, manufacturing or processing uses only, except where other uses may be allowed by permit.

B. The following penalties shall apply:

1. First Violation: Notice of Non-Compliance—A written "warning" shall be issued for the first offense.

2. Second Violation: Warning of Penalties—A written warning notice of the future imposition of penalties that could be placed on the customer's water bill shall be issued for the second offense.

3. Third Violation: A surcharge of one hundred dollars shall be added to that billing for the third offense occurring within a one year period.

4. Fourth Violation: A surcharge of three hundred dollars, and installation of a flow restricting device in the meter for a minimum of ninety-six hours (at customer's expense) shall be imposed for the fourth offense occurring within a one-year period. Said restricted flow shall meet minimum county health department's standards, if any have been established. If said ninety-six hour period ends on a weekend or holiday, full service will be restored during the next business day.

5. Fifth Violation: A surcharge of five hundred dollars, and termination of water service at customer's expense for a two-day period shall be imposed for the fifth offense occurring within a one-year period. Prior to the termination of water service, the customer may request an administrative hearing pursuant to Section 1.10.050.

(Ord. 1234 (part), 1995: Ord. 1130 (part), 1990)

(Ord. No. 1550, § 7, 9-9-14; Ord. No. 1560, § 6, 7-14-15)

The city administrator or his/her designee shall access available data and shall make a report of his/her findings to the city council at the next regular meeting or at a special meeting called for that purpose. The city council may at that time determine and declare which of the four previously discussed conditions describes the city's water supply and the extent of water conservation required to prudently plan for and supply water to the city's customers.

Thereafter, the city council may order that the appropriate stage of water conservation be implemented or terminated in accordance with Section 12.20.040. The declaration of any stage shall be made by public announcement and notice shall be published once in a local newspaper of general circulation. The stage designated shall become effective immediately upon announcement.

(Ord. 1234 (part), 1995: Ord. 1130 (part), 1990: Ord. 1094, 1990; Ord. 713 (part), 1977)

(Ord. No. 1550, § 8, 9-9-14)

The declaration of any stage of water supply conditions shall remain in effect until such time as another stage is declared.

(Ord. 1130 (part), 1990: Ord. 713 (part), 1977)

(Ord. No. 1550, § 9, 9-9-14; Ord. No. 1560, § 7, 7-14-15)

This chapter is adopted pursuant to Sections 375 through 376 of the California Water Code. Any third or subsequent violation of this chapter after notice is given of a first and second violation is a misdemeanor in accordance with California Water Code Section 377.

(Ord. 1130 (part), 1990)

(Ord. No. 1550, § 10, 9-9-14)

A. No relief shall be granted to any person for any reason in the absence of a showing by such person that he/she has achieved the maximum practical reduction in water consumption in his/her residential, commercial, industrial or governmental water consumption as the case may be.

B. The public works director, or his/her designee, may grant exemptions ("exceptions" to this chapter) for uses of water otherwise prohibited hereby. Water customers who desire an increase or adjustment in their allocation shall complete an application form for an exemption setting forth the justification and circumstances. If the exemption is not granted by the public works director, customers may request an administrative hearing pursuant to Section 1.10.050.

(Ord. 1130 (part), 1990)

(Ord. No. 1550, § 11, 9-9-14)

Violation of any provision of this chapter shall be subject to fines and penalties as outlined in Sections 12.20.021, 12.20.022, 12.20.023 and 12.20.024.

(Ord. 1130 (part), 1990)

A. Procedures. The city code enforcement officer shall enforce the provisions of this chapter and shall determine when violations have occurred and shall issue to the customer a notice of violation by mailing same and/or hanging same on the customer's door at least ten days before taking enforcement action. Said notice shall describe the action to be taken (notice of first violation shall be accompanied by a copy of this chapter) and shall be mailed or delivered at least ten days before the proposed action is scheduled to be taken.

A customer may appeal the notice of violation by filing a written notice of appeal with the city no later than the close of business on the day before the date scheduled for enforcement action. Any notice of violation not timely appealed shall be final. Upon receipt of a timely appeal, an administrative hearing on the appeal shall be scheduled and heard pursuant to Section 1.10.050.

B. Interim Measures. Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the city may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violation and the current declared water condition.

(Ord. 1130 (part), 1990)

(Ord. No. 1550, § 12, 9-9-14)

This chapter and the actions hereafter taken pursuant thereto are exempt from the provisions of the California Environmental Quality Act of 1970, as amended, as a project undertaken as immediate action necessary to prevent or mitigate an emergency, pursuant to Section 15269(c) of the California Environmental Quality Act Guidelines.

(Ord. 1130 (part), 1990)

(Ord. No. 1550, § 13, 9-9-14)

If any section, subsection, clause or phrase in this chapter, or the application thereof to any person or circumstances, is for any reason held invalid, the validity of the remainder of the chapter or the application of such provision to other persons or circumstances shall not be affected thereby. The city council declares that it would have passed this chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or the application thereof to any person or circumstance be held invalid.

(Ord. 1130 (part), 1990)

The customer or resident who violates this chapter thereby assumes responsibility for injury to the customer and/or other residents/occupants receiving service, including emotional distress and/or damage to the customer's private water system and/or to other real or personal property owned by the customer or by a third party resulting from the installation and operation of a flow restricting device or from termination of service; the customer shall thereby be deemed to have (A) waived any claim for injury or for damage to the customer's property which the customer may otherwise have against the city; and (B) agreed to indemnify, defend and hold the city harmless from claims by third parties for injury or property damage arising or claimed to arise out of the city's installation and/or operation of a flow restricting device or termination of water service.

(Ord. 1130 (part), 1990)