Sierra Madre Municipal Code Ch. 13.24 Mandatory Water Conservation Plan

Footnotes:

--- (2) ---

Editor's note— Ord. No. 1322, § 1(Exh. A), adopted Jan. 24, 2012, amended Chapter 13.24 in its entirety to read as herein set out. Former Chapter 13.24, §§ 13.24.010—13.24.200, pertained to similar subject matter and derived from Prior code, §§ 6535 and 6536; and Ord. 1073, adopted 1991.

Editor's note— Ord. No. 1446, § 2, adopted July 27, 2021, renumbered the former §§ 13.24.100, 13.24.110 as §§ 13.24.090, 13.24.100, and §§ 13.24.120—13.24.180 as §§ 13.24.130—13.24.190 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

It is declared that the city shall, for the general public health, safety and welfare, to comply with California Water Code Sections 10608(a)(b), and to assure an adequate water supply to the community, require a mandatory water conservation plan to be authorized during a period of necessity.

(Ord. No. 1322, § 1, 1-24-12)

The city council may find and determine that a water shortage emergency condition may exist or may in the immediate future exist, and therein declare the same, establishing the urgent necessity of implementation of a mandatory water conservation plan. Said determination shall be made in the form of a city council resolution stating the conservation plan level as described in this chapter to be implemented and the reason for its implementation.

(Ord. No. 1322, § 1, 1-24-12)

The mandatory water conservation plan is to minimize the effects of a water shortage to the water customers of the city, to comply with California Water Code Sections 10608(a)(b), and to significantly reduce the delivery and consumption of water, thereby extending the period of available water to match the water which may be supplied or delivered to the distribution system of the city.

(Ord. No. 1322, § 1, 1-24-12)

The provisions of the ordinance codified in this chapter shall apply to all customers, users, and property served by the water department. It shall also apply to all properties and facilities owned, maintained, operated, or under the jurisdiction of the various officers, boards, commissions, departments, or agencies of the city.

(Ord. No. 1322, § 1, 1-24-12)

No customer of the water department shall make, cause, use or permit the use of water from the water department for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of the ordinance codified in this chapter or in an amount in excess of that use permitted by the conservation plan in effect and any currently applicable phase, pursuant to action taken by the city council in accordance with the provisions of the ordinance codified in this chapter.

(Ord. No. 1322, § 1, 1-24-12; Ord. No. 1446, § 2, 7-27-21)

The following uses of water are prohibited for all water department customers, whether or not a conservation phase has been declared. Violations of this section are subject to administrative citation pursuant to the procedures set forth in Chapter 1.18.

A. There shall be no washing of sidewalks, walkways, patios, driveways, or parking areas by a water hose;

B. No water shall be used to clean, fill or maintain levels in decorative fountains unless such water is part of a recycling system;

C. No restaurant, cafe, deli, or other public place where food is sold, served or offered for sale, shall serve drinking water to any customer unless expressly requested by the customer;

D. All customers of the water department shall repair leaks in a timely manner;

E. No lawn, landscaping, or other turf area shall be watered or irrigated between the hours of 6:00 a.m. and 6:00 p.m.;

F. No lawn, landscape, or turf area shall be watered in a wasteful manner. Nor shall any water be wasted if the existing conditions may be corrected or reasonably modified;

G. The use of a hose to wash an automobile, 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;

H. Watering lawns in a manner that causes runoff, or within forty-eight hours after measurable precipitation; and

I. Irrigating ornamental turf on public street medians.

(Ord. No. 1322, § 1, 1-24-12; Ord. No. 1359U, § 1, 7-22-14; Ord. No. 1403, § 1, 10-9-18; Ord. No. 1446, § 2, 7-27-21)

If a Phase 1 conservation period is declared pursuant to Section 13.24.210, no customer shall make, cause, use or permit the use of water delivered from the water department for any purpose in an amount in excess of ninety percent of the amount used during the base period defined in this chapter.

(Ord. No. 1322, § 1, 1-24-12; Ord. No. 1446, § 2, 7-27-21)

If a Phase II conservation period is declared pursuant to Section 13.24.210 , no customer shall make, cause, use or permit the use of water delivered from the water department for any purpose in an amount in excess of eighty percent of the amount used during the base period defined in this chapter.

(Ord. No. 1322, § 1, 1-24-12; Ord. No. 1446, § 2, 7-27-21)

If a Phase III conservation period is declared pursuant to Section 13.24.210, no customer shall make, cause, use, or permit the use of water delivered from the water department for any purpose in an amount in excess of seventy percent of the base period allocation.

(Ord. No. 1322, § 1, 1-24-12; Ord. No. 1446, § 2, 7-27-21)

Editor's note— See Editor's note attached to beginning of Chapter 13.24 for information regarding renumbering of section.

If a Phase IV conservation period is declared pursuant to Section 13.24.210, no customer shall make, cause, use, or permit the use of water delivered from the water department for any purpose in an amount in excess of sixty percent of the base period allocation.

(Ord. No. 1322, § 1, 1-24-12; Ord. No. 1446, § 2, 7-27-21)

Editor's note— See Editor's note attached to beginning of Chapter 13.24 for information regarding renumbering of section.

If a Phase V conservation period is declared pursuant to Section 13.24.210, no customer shall make, cause, use, or permit the use of water delivered from the water department for any purpose in an amount in excess of fifty percent of the base period allocation.

(Ord. No. 1446, § 2, 7-27-21)

If a Phase VI conservation period is declared pursuant to Section 13.24.210, no customer shall make, cause, use, or permit the use of water delivered from the water department for any purpose in an amount in less than fifty percent of the base period allocation.

(Ord. No. 1446, § 2, 7-27-21)

The water uses prohibited by the water department in Section 13.24.070 are not applicable to that use of water necessary for public health, safety, or for essential governmental services such as fire, police, public works, or similar emergency services.

(Ord. No. 1322, § 1, 1-24-12; Ord. No. 1446, § 2, 7-27-21)

Editor's note— See Editor's note attached to beginning of Chapter 13.24 for information regarding renumbering of section.

The implementation of conservation Phases I through IV shall not apply to customers of the water department currently using less than one thousand two hundred (1,200) cubic feet of water per billing cycle.

(Ord. No. 1322, § 1, 1-24-12; Ord. No. 1338, § 1, 5-28-13; Ord. No. 1446, § 2, 7-27-21)

Editor's note— See Editor's note attached to beginning of Chapter 13.24 for information regarding renumbering of section.

A. Pursuant to the State Water Resources Control Board Emergency Rule Article X, Section X.1 and procedures set forth in Chapter 1.18 ("Administrative penalties") of this code, a violation of Sections 13.24.060 A—F or 13.24.230 of this chapter shall be punishable by an administrative citation as follows:

1. One hundred twenty-five dollars for the first violation;

2. Two hundred fifty dollars for the second violation;

3. Five hundred dollars for the third and any additional violation.

B. Upon the exhaustion of the procedures set forth in Chapter 1.18 ("Administrative penalties") and this chapter for any penalties imposed pursuant to this section, the city may thereafter place any such unpaid penalties on the water bill in the manner prescribed in Section 13.04.050. Payments on water bills shall first be applied to any such unpaid penalties before payments for water or other service.

(Ord. No. 1322, § 1, 1-24-12; Ord. No. 1338, § 2, 5-28-13; Ord. No. 1342, § 1, 6-23-13; Ord. No. 1359U, § 2, 7-22-14; Ord. No. 1370U, § 3, 11-24-15; Ord. No. 1400-U, § 1, 7-31-18; Ord. No. 1446, § 2, 7-27-21)

Editor's note— See Editor's note attached to beginning of Chapter 13.24 for information regarding renumbering of section.

Flow restrictors will not be installed for any violation of the city's water conservation plan.

(Ord. No. 1322, § 1, 1-24-12; Ord. No. 1342, § 2, 6-23-13; Ord. No. 1446, § 2, 7-27-21)

Editor's note— Section 2 of Ord. No. 1342, adopted June 23, 2013, changed the title of § 13.24.150 from "Installation and removal of flow restrictors—Costs" to "Flow restrictors."

Editor's note— See Editor's note attached to beginning of Chapter 13.24 for information regarding renumbering of section.

After a notification period, the first, second, and all future violations will be determined by comparing the customer's current monthly water consumption with that customer's average base period consumption. Base period consumption shall be determined by calculating the customer's average water consumption during a single dry year as identified in the most recent urban water management plan. The notification period is the first billing cycle after adoption of a resolution establishing mandatory water conservation.

(Ord. No. 1322, § 1, 1-24-12; Ord. No. 1338, § 3, 5-28-13; Ord. No. 1342, § 3, 6-23-13; Ord. No. 1446, § 2, 7-27-21)

Editor's note— See Editor's note attached to beginning of Chapter 13.24 for information regarding renumbering of section.

A. A water appeals board is established to hear appeals of the base allocation, percentage conservation, and violation surcharges or penalties. The water appeals board shall be comprised of three representatives; one each from the water, finance, and administration departments.

B. The following procedural requirements shall apply with regard to the office conference and appeal:

1. Request for an office conference must be filed in writing to the water superintendent within ten working days after receipt of the utility bill. The customer must state in writing the grounds for the appeal.

2. The office conference shall be scheduled within ten working days of receipt of the request.

3. The water superintendent shall render a decision within ten working days of the office conference.

4. An appeal to the water appeals board may be filed within ten working days after a final decision by the water superintendent to the water appeals board. The appeal should state the grounds upon which it is based, and what remedy, if any, the appellant seeks. The appeal shall be addressed to the office of the city manager. The water appeals board shall render a decision on the appeal within ten working days of the date of the appeal letter.

5. City action on the violation, such as installation of flow restrictors shall be stayed until the water appeals board has rendered a decision and notified the appellant in writing.

C. The water superintendent shall have the authority, upon the filing by a customer of an application for relief as herein provided, to take such steps as he or she deems reasonable and to set up such procedures as he or she considers necessary to resolve said application for relief. In determining whether relief shall be granted, the water superintendent, and on appeal, the water appeals board, shall take into consideration all relevant factors including, but not limited to:

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

2. Whether additional members have been added to the household;

3. Whether any additional landscaped property has been added to the base period property;

4. Changes in vacancy factors in multifamily housing;

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

6. Increased production requiring increased water;

7. Necessary water uses during new construction;

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

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

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

11. Customer's base year water consumption was less than one hundred ninety-nine gallons per resident occupant per day at the account address.

D. No relief shall be granted to any customer for any reason in the absence of a showing by the customer that he has achieved the maximum practical reduction in water consumption, as the case may be, other than in the specific area in which relief is being sought. No relief shall be granted to any customer who, when requested by the water department, fails to provide the water department with information whereby the services provided to him/her can be classified for the purpose of establishing an appropriate base or classification pursuant to the provisions of this chapter. If an action on the application for relief is mutually agreed upon between the water department and the customer, the agreement shall be in writing and signed by the customer, and no appeal on said application may be made by the customer.

(Ord. No. 1322, § 1, 1-24-12; Ord. No. 1446, § 2, 7-27-21)

Editor's note— See Editor's note attached to beginning of Chapter 13.24 for information regarding renumbering of section.

Notwithstanding any other provision of law, any willful misrepresentation of a material fact by any person to the water department or to the water appeals board, made for the purpose of securing relief from the provisions of the urgency ordinance codified in this chapter for any customer, is unlawful; and a violation of this section shall be punishable by a fine not to exceed five hundred dollars, or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment.

(Ord. No. 1322, § 1, 1-24-12; Ord. No. 1446, § 2, 7-27-21)

Editor's note— See Editor's note attached to beginning of Chapter 13.24 for information regarding renumbering of section.

Base period allocation: The annual consumption data for the base single dry year as identified in the most recent urban water management plan or otherwise as established by city council resolution.

(Ord. No. 1322, § 1, 1-24-12; Ord. No. 1338, § 4, 5-28-13; Ord. No. 1342, § 4, 6-23-13; Ord. No. 1446, § 2, 7-27-21)

During the third quarter of each fiscal year, the city will review its water demands from the initial six months along with the current groundwater basin conditions and local hydrology as part of its annual assessment. The annual assessment will be provided to the city council for review and included in the agenda as part of a council meeting such that it can be approved and any recommended specific shortage response actions may be enacted. The city council shall, after a noticed public hearing and by resolution, order that the appropriate phase of water conservation be implemented, modified, or rescinded. The resolution shall become effective immediately upon adoption by the city council and shall be published once in the newspaper of general circulation. Percentage reduction shall apply to the next billing cycle commencing on or after the effective date of the adoption by the city council.

(Ord. No. 1322, § 1, 1-24-12; Ord. No. 1446, § 2, 7-27-21)

Upon the declaration of a Phase IV, V, or VI conservation period pursuant to section 13.24.210:

A. No new potable water service shall be provided, no new temporary meters or permanent meters shall be provided, and no statements of immediate ability to serve or provide potable water service (such as "will serve" letters) shall be issued, except under the following circumstances:

1. A valid, unexpired building permit has been issued for the project; or

2. The project is necessary to protect the public's health, safety and welfare.

B. Annexations to the city's water service area will be suspended.

C. Other water uses may be prohibited, as determined by the water superintendent after public notice to customers. This section shall not be construed to preclude the resetting or turn-on of meters to provide continuation of water service or to restore service that has been interrupted for up to a period of one year.

(Ord. No. 1322, § 1, 1-24-12; Ord. No. 1446, § 2, 7-27-21)

A. No customer shall make, cause, use, or permit the use of water delivered from the water department more than three days per week for purposes of irrigating of lawn, landscape or other vegetated area ("landscape irrigation"):

1. Even-numbered addresses shall be limited to landscape irrigation on Mondays, Thursdays and Saturdays.

2. Odd-numbered addresses and addresses ending in fractions shall be limited to landscape irrigation on Tuesdays, Fridays and Sundays.

B. The restrictions of subsection A. above do not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two gallons of water per hour. These restrictions are not applicable to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.

C. No water customer shall perform any type of outdoor watering within forty-eight hours of a measurable rain event. A measurable rain event shall be defined as a storm producing 0.25 inches or more of precipitation within Sierra Madre during a twenty-four-hour period.

(Ord. No. 1359U, § 3, 7-22-14; Ord. No. 1370U, § 4, 11-24-15; Ord. No. 1403, § 1, 10-9-18)

In times of water emergency the state water resources control board may adopt regulations requiring local agencies to enact certain mandatory water conservation measures. In similar manner the state may rescind water conservation measures. The city council shall, after a noticed public hearing and by resolution, order that the appropriate water conservation measures as directed by the state be implemented, modified, or rescinded. The resolution shall become effective immediately upon adoption by the city council and shall be published once in the newspaper of general circulation.

(Ord. No. 1370U, § 5, 11-24-15)