Seal Beach Municipal Code Ch. 9.37 Water Shortage Contingency Response

A. For the purposes of this chapter, the following words and phrases shall mean:

Annual Water Supply and Demand Assessment:

a determination of the near-term outlook for supplies and demands and how a perceived shortage may relate to the shortage level response actions as defined in the water shortage contingency plan in the current calendar year.

City:

the City of Seal Beach.

Demand Reduction Actions:

education, incentive or regulatory actions taken by the city to reduce water demand in its service area during times of shortage. Demand reduction actions preplanned to prepare for a water shortage as presented in Table 8-2 of the city's water shortage contingency plan.

Director:

director of public works/city engineer or the designee thereof.

DWR:

California Department of Water Resources.

Local Health Agency:

Orange County Health Department.

MWDOC:

the Municipal Water District of Orange County.

Water Conservation Measure:

restrictions enforceable to address progressive levels of water shortage, including, but not limited to, permanent water conservation measures, water shortage level mandatory water conservation measures and demand reduction actions as defined in this chapter or the city's water shortage contingency plan.

Water User:

a person who obtains water from the city water system.

B. Any word or phrase used in this chapter that is defined in the Health and Safety Code Section 116275 or in California Code of Regulations Title 17, Section 7583 and not defined in subsection A above shall have the meaning set forth in such state law provision.

(Ord. 1695)

A. The provisions of this chapter apply to any person or entity using water provided by the city. This includes individuals, persons, corporations, public or private entities, governmental agencies or institutions, or any other users of city water.

B. Exemptions. The provisions of the chapter do not apply to any of the following:

1. Water use necessary to protect public health and safety or for essential government services, such as police, fire and similar services.

2. Recycled water use for on-site reuse. Use of recycled water requires a permit that has specific use restrictions, many of which focus on water efficiency. Given such permits and the interest in promoting the use of recycled water as a means to preserve, recycled water is exempt from requirements of this chapter.

3. Water used by commercial nurseries and growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale.

4. Water used from private wells.

C. This chapter is intended solely to further the beneficial use and conservation of water. It is not intended to implement any provision of federal, state, or local statutes, ordinances or regulations relating to protection of water quality or control of drainage or runoff. Refer to Chapter 9.20 for information on storm water management.

(Ord. 1695)

The city has adopted a water shortage contingency plan which details demand reduction actions that the city may take to restrict or shall prohibit its customers' consumption of water, including baseline conservation measures to be taken in times of normal water supply conditions. The following permanent water conservation measures set forth in this chapter, in support of demand reduction actions as called for in the California Water Code, are effective at all times and are applicable unless repealed by the city council. Violations of this section shall be considered waste and an unreasonable use of water subject to penalties and fees as appropriate, in addition to any other legal or equitable remedies provided by law.

A. Leaks. Each water user shall repair all leaks from indoor and outdoor plumbing fixtures at the user's premises. Such water user shall eliminate any loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system promptly after discovering the leak, but in no case more than 7 days after discovery, unless otherwise permitted in the water shortage contingency plan demand reduction actions.

B. Runoff. No water user shall cause or allow water to run off landscape areas into public rights-of-way due to incorrectly maintained sprinklers, excessive watering or use.

C. Limits on Watering Hours. No water user shall cause or allow watering or irrigating of the user's lawn, landscape or other vegetated area with potable water between 9:00 a.m. and 5:00 p.m. on any day, except by use of a hand-water shut-off nozzle or device, or for a very short period of time for the limited purpose of adjusting or repairing an irrigation system.

D. Limit on Watering Duration. No water user shall cause or allow watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended for longer than 15 minutes watering per day per station. Landscape irrigation shall be consistent with Chapter 9.70 (Water Efficient Landscape Ordinance).

E. No Washing Down Hard or Paved Surfaces. No water user shall cause or allow the washing down of hard or paved surfaces, including, but not limited to, sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys. Notwithstanding this prohibition, a water user may wash down such surfaces when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device, a low-volume, high-pressure cleaning machine equipped to recycle any water used, or a low-volume high-pressure water broom.

F. Re-Circulating Water Required for Water Fountains and Decorative Water Features. No person shall operate a water fountain or other decorative water feature that does not use re-circulated water.

G. No Installation of Single Pass Cooling Systems. No person shall install single pass cooling systems in connection with new water service.

H. No Installation of Non-Re-Circulating in Commercial Car Wash and Laundry Systems. No person shall install non-re-circulating water systems in connection with commercial conveyor car wash and commercial laundry systems. The owner or operator of any commercial conveyor car wash system shall install operational re-circulating water systems or secure a waiver of this requirement from the Director.

I. Washing of Vehicles and Equipment. No person shall wash a motor vehicle, trailer, boat or other type of mobile equipment other than by a hand-held bucket or by a hose equipped with a positive shut-off nozzle. This prohibition shall not apply to washing performed at a commercial car wash.

J. Water Upon Request. Restaurants shall not offer water service and shall serve water only to a customer that specifically requests water.

(Ord. 1695)

The city's water shortage levels are aligned with the 6 standard state water shortage levels and as defined in MWDOC's as well as the city's water shortage contingency plan to comply with California Water Code Section 10632(a)(3). The water shortage levels represent shortages from normal reliability as determined in the annual water supply and demand assessment, corresponding to progressive ranges of 10%, 20%, 30%, 40%, 50%, and greater than 50% shortages. The city council may declare a water shortage level upon making a finding specified in DWR Table 8-1, by resolution adopted at a regular or special meeting after a public hearing. Such resolutions shall specify the start day of the level and shall be effective upon posting in a publication of general circulation within the city.

A. DWR Table 8-1 from the city's water shortage contingency plan defines the conditions that trigger each water shortage level as follows:

DWR Table 8-1 Water Shortage Contingency Plan Levels

The shortage response actions that align with each level of water supply shortage are defined in the city's water shortage contingency plan, or as may be amended from time to time, along with an estimate of the extent to which the gap between supplies and demand will be reduced, and include:

1. Locally appropriate supply augmentation actions.

2. Locally appropriate demand reduction actions to respond to shortages.

3. Locally appropriate operational changes.

4. Additional mandatory prohibitions against specific water use practices, in addition to state-mandated prohibitions, as deemed necessary by the city.

B. Each elevated shortage level will include the elements of the previous shortage level(s), including permanent mandatory water conservation measures as defined in this chapter and the city's water shortage contingency plan. As deemed necessary, an allocation of water supply under a water supply emergency condition beyond water shortage contingency plan defined actions may be required to be implemented when conditions dictate necessary.

C. No person shall violate any provisions of the city's water shortage contingency plan applicable to a particular water storage level during a period in which conditions of such water storage level have been declared to exist.

D. Upon determining that water shortage conditions continue to exist but have improved to the point that it is appropriate to move to a less restrictive level, the city council shall adopt a resolution declaring the existence of the new water shortage level. Upon determining that water shortage conditions no longer exist, the city council shall adopt a resolution declaring an end to the water shortage.

(Ord. 1695)

Upon declaration of a water shortage, the city will inform all relevant stakeholders, including customers, the public, interested parties, and local, regional, and state governments, of the applicable water storage level and the effective date of the water shortage actions associated with the relevant water shortage level according to the communication procedures identified in the city's water shortage contingency plan, including:

A. Any current or predicted shortages as determined by the annual water supply and demand assessment.

B. Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment.

C. Any other relevant communications.

(Ord. 1695)

A. Within 15 days of the effective date of a resolution declaring the water shortage level, any water user may apply to the director for relief from the applicable water conservation measures. Applications shall be filed on a city-provided form and shall be accompanied by an application fee in an amount set by city council resolution.

B. The director may approve, conditionally approve or deny an application for relief from water conservation measures. In making such determination, the director shall consider the following factors:

1. Whether additional reduction in water consumption will result in unemployment.

2. Whether additional persons have been added to the household (i.e., higher occupancy dwellings or accessory dwelling units [ADUs]).

3. Whether additional landscaped property has been added to the property since the corresponding billing period of the prior calendar year.

4. Changes in vacancy factors in multi-family housing.

5. Increased number of employees in commercial, industrial and governmental offices.

6. Increased production requiring increased process water for non-residential uses.

7. Water uses during new construction.

8. Adjustments to water use caused by emergency health of safety hazards.

9. First filling of a permit-constructed swimming pool.

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

11. Whether the applicant has achieved the maximum practical reduction in water consumption other than in the specific areas for which relief is sought.

C. The decision of the director shall be final.

(Ord. 1695)

A. Penalties. The following will apply to any person that fails to comply with any provision of this chapter or any water conservation measure adopted pursuant to this chapter or the city for permanent, and/or any applicable water shortage level mandatory water conservation measures and demand reduction actions. The penalties set forth in this section shall be exclusive and not cumulative with any other provision of this code. Violation of water conservation measures shall be penalized as follows:

1. First Violation. The director shall issue a written warning and deliver a copy of this chapter by mail or posting (i.e., door hanger).

2. Second Violation during a Water Conservation Level within the Preceding 12 Calendar Months. The director shall impose a penalty in an amount consistent with the city's last adopted cost recovery schedule.

3. Subsequent Violations during a Water Conservation Level within the Preceding 12 Calendar Months. The city shall install a flow restricting device of appropriate size as determined by the director, and a comparatively sized restrictor for larger service, on the service of the violator at the premises at which the violation occurred for a period of not less than 48 hours. The director shall charge the water user the costs of installation and removal of the device and for restoration of normal service. Normal service shall not be restored until the account has been made current and all charges have been paid.

B. Termination of Service. In addition to any fines, the city may disconnect and/or terminate a customer's water service for a willful violation of any water conservation measure or other mandatory restrictions of this chapter or any willful violation of any water conservation measure imposed pursuant to the water shortage contingency plan. The violator shall be responsible for payment of the city's charges for disconnecting and/or reconnecting service. All associated fees must be paid in full prior to restoration of normal service. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.

C. Separate Offenses. Each day that a violation of this chapter occurs is a separate offense.

D. Notice of Violation. Except for violations of this chapter subject to excessive water use penalties, if any person fails or refuses to comply with this chapter, the city's water storage contingency plan, or any water conservation measure adopted pursuant thereto, the director or his/her designee shall provide that person with written notice of the violation and an opportunity to correct the noncompliance at least 15 days before taking enforcement action.

1. The city will issue a notice of violation by mail or personal delivery at least 15 days before taking enforcement action. The written notice shall be mailed via United States first class mail to the address of the violation, to the party who is billed for the water, or to the owner of the property, as appropriate, and shall also be posted or presented at the site of the violation.

2. The notice shall contain the following information:

a. State the time, date, and place of violation;

b. State a general description of the violation;

c. State the means to correct the violation;

d. State a date by which correction is required; and

e. State the possible consequences of failing to correct the violation.

E. Appeal and Hearing.

1. Issuance of the first violation notice shall not be subject to any right of hearing or appeal.

2. Any person receiving a notice of second or subsequent violation may request a hearing before the director by filing a written appeal with the city clerk no later than the close of business on the day before the date scheduled for enforcement action. The appeal fee shall be in an amount set by city council resolution. A timely request for a hearing shall stay the installation of a flow-restricting device on the appellant's premises until a decision has been made on the appeal. If the director determines that the surcharge was incorrectly assessed, the city shall refund any money deposited by the customer. The director's decision on the appeal shall be final.

3. Notwithstanding subsection (E)(2), 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 violations and the current declared water level condition.

(Ord. 1695)