Soledad Municipal Code Ch. 13.09 Mandatory Water Conservation Regulations

The purpose of this chapter is to increase public awareness of the need for water conservation, and to provide regulations and restrictions on the delivery of water and the consumption within the city limits of water supplied for public use as will (1) conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation and fire protection, and (2) ensure compliance with water regulations of other governmental agencies of appropriate jurisdiction.

(Ord. 534 § 2 (part), 1993)

A. Agency. "Agency" means the Monterey County Water Resources Agency.

B. "Automatic shutoff nozzle" means a water release mechanism securely affixed to the end of a water hose that requires the person using the hose to apply and maintain the flow of water, and that shuts off immediately when pressure is released.

C. "Change of ownership" means a transfer of the right to beneficial use thereof, regardless of whether such transfer is voluntary, involuntary, or by operation of law, court order, grant, gift, devise, inheritance, trust, contract of sale, addition or deletion of an owner, property settlement or by any other means.

D. "Change of use" means a change from one use of a structure to another use that is identified as a different use under the zoning ordinance, Title 17, of the Municipal Code of the city of Soledad.

E. "City manager" means the city manager of the city of Soledad.

F. "New construction" means a completely new structure, a new addition to a previously existing structure or the portion of a previously existing structure that is newly remodeled or renovated.

G. "Overdraft" means the condition of a groundwater basin where the amount of water withdrawn by pumping exceeds the amount of water replenishing the basin over an extended period of time, or where the amount of water withdrawn by pumping results in an unacceptable degradation of groundwater quality within the basin.

H. "Person" means any individual person and any firm, partnership, corporation, business entity, association, district, agency, city, county and any other entity or organization.

I. "Public works director" means the superintendent of public works of the city of Soledad.

J. A "shutoff nozzle" means a water release mechanism ("nozzle") securely affixed to the end of a water hose which enables the user of the hose to control the flow of water in the hose, including stopping the flow of water completely and securely, by a lever or mechanical device in the nozzle.

K. "Superintendent of utilities" means the superintendent of utilities of the city of Soledad.

L. "Water recirculating system" means a system approved by the city that recirculates water between hot water and cold water lines, so that substantially all the cold water standing in the pipes will be returned to the water heater and reheated before the faucet is turned on. The system may be turned on and off by a manually operated switch, by a timer-operated switch, or otherwise, or may be left on permanently.

(Ord. 534 § 2 (part), 1993)

The city manager and all officers and employees of the city, including all ex officio officers and employees, shall enforce all the provisions of this chapter by the issuance of citations, including warning citations, and taking all other necessary action, including bringing civil action to abate a nuisance as set forth herein, through the city attorney's office.

(Ord. 534 § 2 (part), 1993)

A. Repair of Plumbing, Sprinkler and Irrigation Systems. Any person who is the owner, manager or person responsible for the day-to-day operation of any premises shall take caution to initiate steps to repair any leaking, broken or defective water pipes, faucets, plumbing fixtures, other water service appliances, sprinklers, water or irrigation systems, or distribution systems within a reasonable time after such person learns of such leaks, breaks or defects, and shall thereafter diligently and promptly pursue such repair work to completion. In any event, such action initiating steps for repair shall take place within seventy-two hours after such person first learns of the problem, unless a variance is obtained from the city of Soledad.

B. Washing of Vehicles. No person shall use a water hose to wash any car, truck, boat, trailer, bus, recreational vehicle, camper, aircraft, tractor or any other vehicle, or any portion thereof, with potable water, unless the hose is equipped with an automatic shutoff nozzle.

C. Cleaning of Structures. No person shall use potable water through a hose to clean the exterior of any building or structure unless such hose is equipped with a shutoff nozzle.

D. Cleaning of Surfaces. No person shall use potable water through a hose to clean any sidewalk, driveway, roadway, parking lot, or any other outdoor paved or hard-surfaced area, except where necessary to protect public health and safety. The use of a bucket is not prohibited at any time for cleaning food, grease, oil, or other stains or spillage from surfaces.

E. Water Spillage. No person shall cause, suffer or permit water to spill into streets, curbs or gutters. No person shall use any water in any manner which results in runoff beyond the immediate area of use, unless the contour of the premises is such that avoidance of some minimum spillage is impossible.

F. Swimming Pools and Spas. No person shall empty and refill a swimming pool or spa except to prevent or repair structural damage or to comply with public health regulations.

G. Fountains. No person shall use water to operate or maintain levels in decorative fountains, unless such water is recycled in the fountain.

H. Visitor-Serving Facilities. The owner and manager of each hotel, motel, restaurant, convention and other visitor-serving facility shall ensure that such facility displays, in places visible to all customers, placards or decals approved by the agency, promoting public awareness of the need for water conservation and/or advising the public that waste of water is prohibited.

I. Public and Quasi-Public Entities. All public and quasi-public entities shall display, in visible locations in all rostrums, kitchens and dining areas, placards or decals approved by the agency, promoting public awareness of the need for water conservation and/or advising the public that waste of water is prohibited. "Quasi-public entities" include educational institutions, churches, recreational facilities open to the public, and other such entities designated by the superintendent of utilities. Placement of placards or decals by a quasi-public entity of a type not specifically mentioned in this chapter shall not be required unless the superintendent of utilities gives written notice to the entity that this chapter is applicable to the entity so notified and that placement of placards or decals is required.

J. Commercial Car Washes. No person in charge of the operation of any commercial car wash facility shall suffer or permit the washing of any boat, trailer, recreational vehicle or other vehicle in such facility or on its premises, other than by the following methods:

1. Use of mechanical automatic car wash facilities utilizing water recycling equipment;

2. Use of a hose that operates on a timer for limited time periods and shuts off automatically at the expiration of the time period;

3. Use of a hose equipped with an automatic shutoff nozzle;

4. Use of bucket and hand washing.

K. Construction.

1. No potable water may be used for compaction or dust control purposes in construction activities where there is a reasonably available source of reclaimed or other subpotable water approved by Monterey County health department and appropriate for such use.

2. All hoses used in connection with any construction activity shall be equipped with a shutoff nozzle. When an automatic shutoff nozzle can be purchased or otherwise obtained for the size or type of hose in use, the nozzle shall be an automatic shutoff nozzle.

L. Use of Hydrants. No person, other than a member of the fire department of the city of Soledad, the fire department of any other jurisdiction giving assistance to the Soledad fire department in emergencies, the city of Soledad department of public works, or the city of Soledad water and sewer utilities department may use water from a fire hydrant, without first obtaining a permit from the planning department of the city of Soledad.

M. Leakage and Repair Program. The public works director shall maintain in effect a distribution system leakage detection and repair program. This program shall be reviewed on an annual basis and a report analyzing the results of the program shall be prepared by the director and submitted to the city council.

N. New Construction.

1. In all new construction, all toilets shall be ultra low-flow toilets with a maximum tank size or flush capacity of one and one-half gallons.

2. All shower heads shall have a maximum flow capacity of two and one-half gallons per minute.

3. All hot water faucets that have more than ten feet of pipe between the faucet and the hot water heater serving such faucet shall be equipped with a water recirculating system.

4. All new construction requiring a discretionary permit from the city of Soledad shall apply xeriscape principles throughout the exterior landscape development, associated with such new construction, including such techniques and materials as native or low water use plants and low precipitation sprinkler heads, bubblers, drip irrigation systems and timing devices.

O. Retrofitting Existing Hotels and Motels. All existing hotels and motels shall, within six months following the effective date of the ordinance codified in this chapter, be retrofitted with shower heads with a maximum flow capacity of two and one-half gallons per minute.

P. Retrofitting Upon Change of Ownership or Use.

1. All existing residential structures shall, at the time of change of ownership, be retrofitted, if not already so modified, with ultra low-flow toilets with a maximum tank size or flush capacity of one and one- half gallons, and shower heads with a maximum flow capacity of two and one-half gallons per minute.

2. All existing commercial and industrial structures shall, at the time of change of ownership or change of use, be retrofitted, if not already so modified, with ultra low-flow toilets with a maximum tank size or flush capacity of two and one-half gallons per minute.

Q. Indiscriminate Use. No person shall cause, suffer or permit the indiscriminate running of water not otherwise prohibited by the provisions set forth above which is wasteful and without reasonable purpose.

R. Use in Excess of Eighty-Five Percent of 1991 Use. No person shall consume water in excess of eighty-five percent of 1991 use. Water fees charged by the city shall be reviewed November, 1994, and in November every other year thereafter to determine if rates need to be changed to:

1. Address excessive use by any person(s); and

2. Provide sufficient revenue for the city to meet obligations and provide water services consistent with its policies.

S. Use of Water to Irrigate. No person shall use water to irrigate lawns, landscape or other turf areas which is not in accordance with local city and county ordinances.

(Ord. 534 § 2 (part), 1993)

In order to encourage cooperative efforts to achieve water conservation, it shall be the policy of the city of Soledad to issue a written warning notice when an alleged violation is first noted. Such warning shall include an explanation of the alleged violation. Any individual provided with such notice will then be given an opportunity to correct the identified problem. However, if an infraction citation is issued and a prosecution commenced for the alleged violation, in no case shall proof of a violation depend upon the showing that a warning was previously given, nor shall failure to give a warning be a defense.

(Ord. 534 § 2 (part), 1993)

A. Each violation of this chapter is an infraction.

B. Any violation that occurs or continues from one day to the next shall be deemed a separate violation, for each day during which such violation occurs or continues to occur.

C. The fine for a first violation of this chapter shall be fifty dollars. The fine for a second violation and each subsequent violation of this chapter within a period of twelve months, regardless of the specific section or subsection violated, shall be one hundred dollars.

(Ord. 534 § 2 (part), 1993)

A. Any violation of this chapter is declared to be a public nuisance.

B. In accordance with the provisions of Chapter 9.04 of the Soledad Municipal Code, the city may, upon order of the city council, abate an identified public nuisance and/or bring civil action to enjoin or abate the nuisance and make the costs of nuisance abatement a special assessment against the parcel of land on which the nuisance is located or originates.

C. Nothing contained in this section limits the city to the prescribed remedy, or prevents the city from initiating and prosecuting any other remedy available to it for the abatement of a public nuisance, or for recovery of the cost of abatement, under the civil or criminal statutes of the state or under other ordinances of the city.

(Ord. 534 § 2 (part), 1993)

A. Any person may, at any time, apply in writing for a variance from strict application of this chapter. The application for the variance shall be filed with the city of Soledad.

The planning director may, in his discretion, temporarily dispense with the requirement to file a written application, if he finds that an emergency condition exists requiring immediate action on the variance request.

B. The city manager may grant a temporary variance of up to one year to come into compliance with the terms of this chapter upon making both of the following findings:

1. The strict application of the chapter would create an undue hardship, or an emergency condition exists which requires that the variance be granted; and

2. Granting the variance will not cause a significant adverse effect on the water supply or on service to other water consumers.

C. In granting a variance, the city manager may impose any conditions in order to ensure that the variance is consistent with the overall goal of water conservation. The granting of a variance and any conditions imposed upon such variance shall be set forth in writing.

D. Any decision of the city manager with respect to an application for a variance may be appealed in writing to the city council. The city council shall schedule the matter for hearing within thirty days of receipt. The city council may confirm, modify or rescind any decision of the city manager in this regard. The city council's decision on all variance appeals shall be final.

(Ord. 534 § 2 (part), 1993)

A. All revenues received by the city from enforcement of this chapter shall be used exclusively for city water conservation programs, including but not limited to administrative, monitoring and enforcement costs of mandatory water conservation.

(Ord. 534 § 2 (part), 1993)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter. 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 any other part thereof be unconstitutional or invalid.

(Ord. 534 § 2 (part), 1993)