Sacramento Municipal Code Art. XI Outdoor Water Conservation

The city council finds and determines:

A. A reliable water supply is important to the City of Sacramento's economy, way of life, and many features of the community, including the urban tree canopy and landscapes.

B. To prevent waste and ensure reasonable use of water supplied by the city water distribution system, and protect and promote the public health, safety, and welfare, it is necessary and desirable to enact certain limitations to promote water conservation by city customers for long-term sustainability through unpredictable low-water years.

C. These limitations should be focused on reducing outdoor water use, because the maximum demands for water from the city's water distribution system occur during the summer months, with outdoor irrigation use exceeding all other demands.

D. Water use limitations should be designed to promote the use of irrigation methods that reduce outdoor water use by applying water more efficiently than conventional irrigation methods and result in resilient landscapes with deep root growth.

E. Water use limitations should be designed to protect the City's trees; shrubs; gardens that produce edible fruits and vegetables; residential landscapes that provide ecological benefit; and public playing fields and parks. Healthy trees provide shade to mitigate urban heat island effects and reduce cooling demand of buildings in summer months; reduce greenhouse emissions by acting as a carbon sink; provide soil stabilization; serve as habitat for birds and wildlife; improve public health by filtering air pollution; and contribute to greener neighborhoods.

F. Reduction of water use through water conservation and water use efficiency measures protects and promotes the public health, safety and welfare by conserving a vital resource that is subject to ever-increasing demands.

G. Reduction of water demands through water conservation and water use efficiency measures reduces the per capita amount of water used by city customers, and reduces the city's costs for electrical energy, equipment, and chemicals utilized to pump and treat water supplied to the city water distribution system.

H. By reducing the use of electrical energy, equipment, and chemicals, the reduction of water demands through water conservation and water use efficiency also protects and promotes the public health, safety, and welfare by reducing greenhouse gas emissions associated with the production and transport of electrical energy, equipment, and chemicals. (Ord. 2017-0062 § 1; Ord. 2017-0045 § 1; Ord. 2009-050 § 1; Ord. 2009-026 § 1)

When used in this article, the following words or phrases shall have the meanings set forth below:

"100-degree day" means a day when the maximum temperature measured at Sacramento Executive Airport equals or exceeds 100 degrees Fahrenheit.

"City water" means any water delivered by the city's water distribution system.

"Conventional irrigation system" means an in-ground irrigation system that consist of pipes and spray heads to distribute water on the landscape.

"Day" means the period beginning at 12 a.m. (midnight) and ending 24 hours later.

"Heat wave period" means a period of consecutive 100-degree days, beginning on the second consecutive 100-degree day and ending one day after the last consecutive 100-degree day.

"Integrated pest management" means a pest control methodology that utilizes a variety of complementary strategies to significantly reduce or eliminate the use of pesticides while at the same time managing pest populations at an acceptable level.

"Low volume irrigation system" means any irrigation system that applies irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers with a flow rate measured in gallons per hour, and that is designed to apply small volumes of water slowly at or near the root zone of plants. This includes but is not limited to properly functioning drip irrigation systems and soaker hoses.

"Measurable rainfall" means a rainfall event during which 0.125 inches of precipitation or more is recorded at the National Weather Service rain gauge located at the Sacramento Executive Airport.

"New landscaping" means any lawn, plants or other landscaping planted after the effective date of the ordinance adopting this section.

"Smart controller" means an irrigation controller that matches water use to real- time weather conditions by monitoring and using information about weather and site conditions such as soil moisture, rain, wind, soil type, plant type, and evapotranspiration. For purposes of this article, an irrigation controller with an Environmental Protection Agency issued "Water Sense" label is a smart controller.

"Special landscape area" means an area used solely for growing edible plants; a landscaped area irrigated solely with recycled water; one or more water features using recycled water; and landscaped areas open to the public that are dedicated to active play, such as parks, sports fields, golf courses, and other playing surfaces.

"Water waste runoff" means water flowing away from property in any gutter, ditch, or other manner over the surface of the ground due to excessive application of city water. Incidental overspray on hardscape surfaces that does not result in runoff leaving the property is not water waste runoff. (Ord. 2017-0062 § 2; Ord. 2017-0045 § 2; Ord. 2009-050 § 1; Ord. 2009-026 § 1)

To reduce demand on the city water distribution system and promote water conservation, the director may require water for the irrigation of areas exceeding five acres to be obtained from a private well, recycled water supply, or other water source, instead of allowing an irrigation service connection from the city water distribution system. (Ord. 2013-0014 § 22)

No person shall cause or allow any city water to be wasted due to leaky or faulty water lines, hoses, fixtures or other water using or distributing devices, unless such person shall have first obtained the written consent of the director to do so. (Ord. 2009-050 § 1; Ord. 2009-026 § 1)

A. No person shall knowingly or willingly cause or allow any city water applied to any landscaping, including new landscaping, or used for any other irrigation purposes, to flow away as water waste runoff from property owned or occupied by that person.

B. No person shall knowingly or willingly cause or allow any city water used for non-irrigation purposes to flow away as water waste runoff from property owned or occupied by that person, unless the water is used in compliance with subsection A or B of Section 13.04.870 or the director provides prior written consent for the runoff. (Ord. 2015-0011 § 7; Ord. 2009-050 § 1; Ord. 2009-026 § 1)

A. No person shall use, or cause to be used, any city water to wash down sidewalks, driveways, or parking areas unless authorized by the director pursuant to section 13.04.940, except to alleviate immediate fire, health, or sanitation hazards, or to implement an integrated pest management program.

B. No person shall use, or cause to be used, any city water through a hose to wash a vehicle unless the hose is equipped with an automatic shut-off nozzle attachment, and the attachment is being used to shut off the flow of water at all times when the hose is not being used to wash the vehicle.

C. Beginning on March 1, and extending through October 31:

1. No person shall use, or cause to be used, any city water for landscape irrigation between the hours of 10 a.m. and 7 p.m., unless the director authorizes a different time limitation pursuant to section 13.04.940.

2. Residential and commercial locations bearing a street address ending in an odd number are permitted to irrigate with city water using conventional irrigation systems only on Tuesday and Saturday, and locations bearing a street address ending in an even number are permitted to irrigate with city water using conventional irrigation systems only on Wednesday and Sunday, unless the director authorizes a different irrigation pattern pursuant to section 13.04.940.

3. No landscape irrigation is allowed on Monday, Thursday, or Friday, unless authorized by the director pursuant to section 13.04.940.

D. Beginning on November 1, and extending through February 28, all residential and commercial locations are permitted to irrigate with city water only on one day per week, either on Saturday or Sunday, and landscape irrigation is prohibited on other days of the week, unless the director authorizes a different irrigation pattern pursuant to section 13.04.940.

E. The limitations specified in subsections C and D do not apply to:

• 1. Landscape irrigation using a low volume irrigation system;
• 2. The irrigation of container plants;
• 3. Hand watering with a watering can or using a hose without an automatic timer; or
• 4. The operation of irrigation systems solely for testing, maintenance, or repair.

F. The limitations specified in subsections C.2, C.3, and D do not apply to:

1. The irrigation of new landscaping in accordance with section 13.04.880;

2. The irrigation of a special landscape area;

3. Landscape irrigation using a smart controller that is properly installed and operated, as verified by the department;

4. Landscape irrigation during a heat wave period; or

5. Landscape irrigation conducted pursuant to an alternate method authorized by the director, on such conditions as the director may specify, if the director determines that the alternate method provides substantially equal water conservation benefits.

G. No person shall use, or cause to be used, any city water in a fountain or other decorative water feature unless it uses a recirculating system.

H. No person shall use, or cause to be used, any city water for landscape irrigation during and within 48 hours after measurable rainfall.

I. Upon declaration of a water shortage, the city council may impose revised and additional limitations on outdoor water use, as specified in section 13.04.910, and no person shall use, or cause to be used, city water in violation of those limitations while the water shortage remains in effect. (Ord. 2017-0062 § 3; Ord. 2017-0045 § 3; Ord. 2015-0011 § 8; Ord. 2009-050 § 1; Ord. 2009-026 § 1)

The following regulations apply to the use of city water to irrigate new landscaping:

A. Irrigation of new landscaping is allowed on any day of the week for a period of 30 days after the new landscaping is planted, unless the director provides prior written consent to extend this time period based on plant type and the season when the new landscaping is planted.

B. Any irrigation of new landscaping after expiration of the time period specified in subsection A, and any irrigation of existing landscaping adjacent to the new landscaping, is subject to the limitations specified in section 13.04.870.

C. Upon declaration of a water shortage, the city council may impose revised or additional limitations on the irrigation of new landscaping, as specified in section 13.04.910, and no person shall use, or cause to be used, city water in violation of such limitations while the water shortage remains in effect. (Ord. 2017-0062 § 4; Ord. 2009-050 § 1; Ord. 2009-026 § 1)

A. The following penalties are imposed for violation of any of the provisions of sections 13.04.850 through 13.04.880. Any violations occurring on separate calendar days are separate violations.

1. First violation during a 12-month period: A written warning describing the violation and the penalties for subsequent violations shall be issued to the owner and the occupant (if different than the owner) of the premises where the violation occurred. The warning also may include information regarding services offered by the department to promote water conservation and efficient water use, including the department's "water wise house call" program.

2. Second violation during a 12-month period: A written notice of violation describing the violation and the penalty shall be issued to the owner and the occupant (if different than the owner) of the premises where the violation occurred. A penalty of $25 shall be imposed, but this penalty shall be removed from the water service bill for the premises if, within 60 days after the date of the penalty notice, the owner, or the occupant (if different than the owner, and the occupant committed the violation), either attends a water conservation seminar offered by the department or other departmentapproved entity or requests and accepts a water wise house call from the department; provided that only one removal of this penalty shall be allowed for the premises within any 24 month period.

3. Third violation during a 12-month period: A written notice of violation describing the violation and the penalty shall be issued to the owner and the occupant (if different than the owner) of the premises where the violation occurred. A penalty of $100 shall be imposed.

4. Fourth violation and any successive violations during any 12-month period: A written notice of violation describing the violation and the penalty shall be issued to the owner and the occupant (if different than the owner) of the premises where the violation occurred. A penalty of $500 shall be imposed.

B. The director may waive and remove from the water service bill any penalty imposed pursuant to subsection A if, within 120 days after the date of the penalty notice, the owner of the premises where the violation occurred participates in one or more of the department's programs that provide incentives to remove turf grass, upgrade irrigation systems, or install smart controllers.

C. The written notices specified in subsection A shall provide notice of the right to appeal pursuant to section 13.04.900 and shall specify the address where the notice of appeal shall be filed.

D. The penalties specified in subsection A shall be imposed on the owner of the premises where the violation occurs regardless of who committed the violation. After the notice of violation is issued, the penalty amount shall be included on the water service bill for the premises and shall be collected in accordance with chapter 13.12, subject to subsections A.2 and B of this section and section 13.04.900.E. All penalties collected shall be used by the department to fund water conservation programs.

E. Upon declaration of a water shortage by the city council, as specified in section 13.04.910, the penalty amounts specified in subsection A are doubled while the water shortage remains in effect.

F. The violation of any of the provisions of sections 13.04.850 through 13.04.880 also constitute a public nuisance, subject to abatement in accordance with the provisions of chapter 8.04, as applicable.

G. The foregoing provisions are cumulative and in addition to any other remedies or penalties authorized or imposed under any other provision of this code, including, but not limited to, section 13.04.270, or any other applicable law or regulation. The provisions of this article may be enforced by the department or by the community development department.

H. Second, third, and fourth notices of violation shall not be issued before March 1, 2018. (Ord. 2017-0062 § 5; Ord. 2017-0045 § 4; Ord. 2015-0011 § 9; Ord. 2009-050 § 1; Ord. 2009-026 § 1)

A. The owner or occupant of the premises where the violation occurred may appeal a notice of violation issued under Section 13.04.890(A) by filing a written notice of appeal with the director not later than thirty (30) days after the notice of violation is issued. The notice of appeal shall specify the grounds for appeal, and shall provide the appellant's telephone number and address for receipt of the city's written notices relating to the appeal.

B. Upon receipt of a timely notice of appeal, department staff will review the notice of violation and the appellant's grounds for appeal. Department staff may request additional information from, or provide additional information to, the appellant. At the conclusion of this administrative review process, department staff will notify the appellant if the notice of violation will be dismissed or department staff finds a sufficient basis for the notice of violation. If department staff finds a sufficient basis for the notice of violation, department staff also will notify the appellant that appellant may request a hearing on the appeal and how to make the request.

C. If the appellant requests a hearing on the appeal not later than five days after receiving the department staff notification described in subsection B of this section, the director shall set the matter for an informal hearing at the earliest practical date. Not less than seven days prior to the hearing date, the director shall provide written notice of the hearing to the appellant. At the hearing, the director shall hear any relevant evidence presented by the appellant or department staff, and may uphold, modify, or rescind the notice of violation, including the penalty imposed by the notice of violation, if any. The appellant shall be provided written notice of the determination of the director that sets forth findings in support of the determination. The determination of the director is the city's final administrative determination of the matter.

D. The failure of the owner or occupant of the premises where the violation occurred to file a timely notice of appeal or to request and attend a hearing in accordance with the provisions of this section constitutes an irrevocable waiver of the right to appeal and a failure to exhaust administrative remedies with regard to the notice of violation.

E. If department staff dismisses the notice of violation or the director determines that a penalty shall not be imposed, the penalty shall be removed from the water service bill for the premises where the violation occurred.

F. The director may designate one or more employees of the department to hear and determine appeals of any notice of violation, provided that the designated employee(s) shall not be employed within the section issuing the notice of violation or performing the administrative review described in subsection B of this section. (Ord. 2015-0033 § 1; Ord. 2015-0011 § 10; Ord. 2009-050 § 1; Ord. 2009-026 § 1)

A. In response to any condition necessitating increased water conservation, such as a water shortage due to drought, natural disaster, or other reduction of water supply availability, or as may otherwise be required to protect the public health, safety, and welfare, the city council may by resolution declare the existence of a water shortage and impose revised and additional limitations and time restrictions on outdoor water use. While the declaration of water shortage remains in effect, no person shall use, or cause to be used, city water in violation of such limitations or restrictions. Unless the resolution specifies an ending date, the declaration of water shortage shall remain in effect until rescinded or otherwise modified by subsequent resolution of the city council.

B. While a declaration of water shortage is in effect, any requirement in the Planning and Development Code to plant or irrigate trees, shrubs, or other groundcover, or for groundcover to be living, is suspended. (Ord. 2014-0009 § 1; Ord. 2009-050 § 1; Ord. 2009-026 § 1)

A. A customer receiving city water service shall provide the department's employees and/or contractors access to and use of the premises where city water service is received as may be required by the city's employees or contractors to determine whether there is any violation of any of the provisions of Sections 13.04.850 through 13.04.880, inclusive, or to abate any violation thereof. If the customer refuses to allow such access, the city may seek authorization from any court of competent jurisdiction for such access and abatement.

B. Compliance with the provisions of this article shall be a condition of the customer receiving or continuing to receive city water service. (Ord. 2009-050 § 1; Ord. 2009-026 § 1)

Nothing in this article shall be construed to apply to the use of city water for purposes of extinguishing fire or any other similar emergency. (Ord. 2009-050 § 1; Ord. 2009-026 § 1)

A. Whenever this article allows the director to consent to a variation from one or more requirements of this article or authorize a person to perform an act otherwise prohibited, the director may give consent or authorization on a case-by-case basis, on such conditions as the director may specify, if the director determines:

1. There is no practical alternative manner for the person to accomplish the desired result;

2. A variation is needed to avoid an undue hardship; or

3. The desired result is of substantial importance when compared with the importance of conserving water resources as set forth in this article.

B. Any person requesting a variation from one or more requirements in this article shall comply with all application requirements specified by the department, and shall pay any fee established by resolution of the city council for payment of the department's application processing costs. Director-approved variations will be issued for a term of two years, unless a different term is specified by the director. (Ord. 2017-0045 § 5; Ord. 2009-050 § 1; Ord. 2009-026 § 1)

The city of Sacramento, and its officers, employees, and agents when acting in the course and scope of their employment, shall be exempt from the provisions of this article; provided, however, that the city manager shall promulgate administrative regulations governing water use by the city, and its officers, employees, and agents, as may be necessary for the city to achieve the conservation of water resources equal to or greater than the level of conservation achieved by the city's water service customers. (Ord. 2009-050 § 1; Ord. 2009-026 § 1)