Santa Clara County Municipal Code Ch. VII Water Conservation and Prohibited Uses

Footnotes:

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Editor's note— Ord. No. NS-640, adopted Feb. 10, 2015, amended in its entirety Chapter VII, which consisted of §§ B13-101—B13-104, pertained to the same subject matter and derived from Ord. No. NS-19.10, adopted Apr. 11, 1989; Ord. No. 19.13, adopted Mar. 27, 1990; Ord. No. 19.15, adopted Apr. 9, 1991; and Ord. No. 19.17, adopted May 12, 1992.

Except where necessary to address an immediate health or safety need or to comply with a term or condition in a permit issued by a county, state, or federal agency, the following acts are prohibited:

(a) The application of water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures.

(b) The use of a hose to wash a motor vehicle, bus, boat, trailer, or other vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use.

(c) The application of water to driveways, sidewalks, patios, parking lots, or other paved areas.

(d) The use of water in a fountain or other decorative water feature, except where the water is part of a recirculating system.

(e) The failure to fix outdoor water leaks due to broken or defective plumbing, sprinkler, watering, or irrigation systems within seven days of notification by the County.

(f) The application of water to outdoor landscapes during the daylight hours of 9:00 a.m. to 6:00 p.m., except by use of a hand-held bucket or similar container, hose fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use, or very low-flow drip-type irrigation systems when no emitter produces more than two gallons of water per hour.

The use of water from a recycled water, gray water, or rainwater utilization system is exempt from the provisions of this section.

(Ord. No. NS-640, § 1, 2-10-15)

Except where necessary to address an immediate health or safety need or to comply with a term or condition in a permit issued by a county, state, or federal agency, the following acts are prohibited:

(a) The service of water at a restaurant, hotel, café, cafeteria, bar, or other public place where food or drinks are sold, served, or offered for sale, unless upon request.

(b) The delivery of water using a commercial pre-rinse spray valve that has a flow rate higher than 1.6 gallons per minute at a restaurant, hotel, café, cafeteria, bar or other public place where food or drink are sold, served, or offered for sale.

(c) The failure to use recycled or non-potable water for dust control or soil compaction purposes in construction activities when a source is readily available.

(d) The installation or use of any new single pass cooling systems that circulates water only once to cool equipment before disposing the water.

(e) The installation or use of any new non-recirculating water systems in commercial conveyor car wash systems.

(f) The installation or use of any new non-recirculating water systems in commercial laundry systems.

(g) The failure of a hotel, motel, or other commercial lodging establishment to provide customers with the option of declining daily towel and linen laundry services.

The prohibitions in this section for commercial activities are in addition to, and do not replace, any or all prohibitions, identified in section B13-101.

(Ord. No. NS-641, § 1, 6-9-15)

Any violation of Section B13-101 or B13-101.1 is hereby declared a public nuisance and may be abated pursuant to Chapter III of Division A1 of this Code.

(Ord. No. NS-640, § 1, 2-10-15; Ord. No. NS-641, § 2, 6-9-15)

The following officials are authorized to enforce the provisions of this chapter and to issue citations thereof:

(a) The Director of the Department of Planning and Development or his or her designee;

(b) The Zoning Investigators;

(c) The Building Official; and

(d) The Code Enforcement Manager.

There shall be no civil liability on the part of, and no cause of action shall arise against, any person acting pursuant to this section and within the scope of his or her authority.

(Ord. No. NS-640, § 1, 2-10-15)

(a) In addition to any other penalty authorized by law, each violation of Section B13-101 or Section B13-101.1 shall be subject to Division A37.

(b) In lieu of the administrative fines specified in subsection A37-6, any person violating or causing or permitting to be violated any provision of Section B13-101 or Section B13-101.1 shall be subject to the following administrative fines:

1. First Violation: The County of Santa Clara will issue a written warning and deliver a copy of this ordinance [Ord. No. NS-641] by mail to the owner of the property for the first violation.

2. Second Violation: A second violation within any consecutive 12-month period is punishable by a fine of $100.00.

3. Third Violation: A third violation within any consecutive 12-month period is punishable by a fine of $200.00.

4. Subsequent Violations: Any subsequent violation within any consecutive 12-month period is punishable by a fine of $500.00.

(c) A person is guilty of a separate offense or violation for each and every day or portion thereof during which he or she commits, continues, or permits a violation of this chapter.

(Ord. No. NS-640, § 1, 2-10-15; Ord. No. NS-641, § 3, 6-9-15; Ord. No. NS-300.900, § 24, 8-30-16)

Remedies in this division are cumulative and do not supersede or limit any and all other remedies, civil, criminal or administrative.

(Ord. No. NS-640, § 1, 2-10-15)