Sunnyvale Municipal Code Ch. 12.34 Water Conservation Restrictions

The purpose of this chapter is to identify and restrict nonessential water uses which, if allowed, would constitute wastage of the water supply of the city. The provisions of this chapter shall apply to all persons or entities using water obtained from the city of Sunnyvale both in and outside the city of Sunnyvale and within the city's water service area, and regardless of whether any person or entity using water has a contract for water service with the city. Use of water by the city itself shall be in conformance with a water conservation plan to be presented by the city manager to the city council for approval, and which shall essentially conform to the provisions of this chapter. This chapter is adopted pursuant to the provisions of Water Code Section 350, et seq., the city charter and the common law.

(Ord. 2433-93 § 1)

(a) To prevent the waste and unreasonable use of water and to promote water conservation, the following actions are hereby prohibited, 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 state or federal agency:

(1) The use of broken or defective plumbing, sprinklers, watering or irrigation systems that permit the escape or leakage of potable water.

(2) The application of potable water to outdoor landscaping 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.

(3) The use of potable water to irrigate outdoor landscaping between the hours of nine a.m. and six p.m. during daylight savings time except with a bucket or a hose that is fitted with a shut-off nozzle or device that causes it to cease dispensing water immediately when not in use.

(4) The use of potable water to irrigate outdoor landscaping more than fifteen minutes per day per station when using a landscape irrigation system or a watering device that is not continuously attended, except for landscape irrigation systems that exclusively use very low-flow drip-type irrigation systems when no emitter produces more than two gallons of water per hour, weather-based controllers, or stream rotor sprinklers that meet a seventy-one percent efficiency standard.

(5) The use of a hose that dispenses potable water to wash any motor vehicle, watercraft, mobilehome, or other vehicles or machinery unless the hose is fitted with a shut-off nozzle or device that causes it to cease dispensing water immediately when not in use.

(6) The use of potable water to wash sidewalks, driveways, filling station aprons, patios, parking lots, porches or other paved or hard surfaced areas.

(7) The use of potable water in a fountain or other decorative water feature unless the water is part of a recirculating system.

(8) The application of potable water to outdoor landscapes while it is raining or within forty-eight hours after measurable rainfall (0.20 inches).

(9) The serving of drinking water other than upon request in eating or drinking establishments, including, but not limited to, restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased.

(10) The use of potable water to irrigate ornamental turf on public street medians.

(11) The use of potable water to irrigate landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development.

(12) The installation of any single pass cooling process in new construction.

(b) To promote water conservation, operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each guestroom using clear and easily understood language.

(Ord. 2433-93 § 1; Ord. 3041-14 § 1; Ord. 3086-16 § 1)

(a) The director of environmental services is hereby authorized to grant to any user an exception to the prohibitions set forth in Section 12.34.020, upon a finding by the director that such exception is necessary to prevent an emergency condition affecting the health, sanitation or fire protection of such user, and that the user to whom such adjustment or exception pertains has adopted or used all practicable water conservation measures.

(b) Exceptions permitted hereunder shall be made only upon written application submitted to the director setting forth a statement of justification for such exception. The director may attach conditions, specifications or other qualifying provisions to any exception granted.

(Ord. 2433-93 § 1; Ord. 3041-14 § 2)

(a) Upon a determination by the director of environmental services that a user has continuously or repeatedly violated or failed to comply with one or more provisions of Section 12.34.020, or of any conditions of any exception granted pursuant to the provisions of Section 12.34.030, the director may issue an order to cease and desist from continued or repeated violation, and further order such user to comply forthwith with such provisions or terms of exception, or otherwise to take appropriate remedial or preventive action. If after the issuance of such cease and desist order, such user continues to consume or use, or again consumes or uses water in violation of any such provision or condition of exception, the director may order the installation of a flow restricting device upon the water service line to the premises of such user. Such flow restricting device shall be installed and maintained for a period of not less than three days nor more than ten days for a first violation, and shall be installed and maintained for not less than ten days for each succeeding violation, and may be ordered to remain installed and maintained for a period of up to three months upon a finding by the director that any user is habitually in violation of any of the provisions of this chapter, or the provisions of any exception granted pursuant to Section 12.34.030.

(b) Prior to installation of any such flow restricting device, the director shall give written notice of intent to install such device, including the reasons for the proposed installation. The notice shall specify the date, time and place at which the user or other interested party may appear before the director to present any evidence or reasons why such installation should not occur. Instead of appearing, the user or other interested party may present written material to the director at or before the time specified. The installation of a flow restricting device shall not occur less than twenty-four hours after the time specified in the notice. The written notice shall be delivered personally, or by posting with the United States mail service, first class postage prepaid, certified mail, and addressed to the last known address of the user to whom given. Copies of the notice shall also be delivered personally or by mail as specified above, to the owner of the property on which the flow restrictor is proposed to be installed as shown on the last equalized assessment roll of the county assessor, county of Santa Clara, and to the person or entity shown on the latest city records as being responsible for payment of utility charges on such property, if either or both is different from the user to whom the notice is sent.

(c) There are hereby established, and there shall be imposed and levied charges in the amount of fifty dollars for each installation and fifty dollars for each removal of flow restricting devices under this section.

(Ord. 2433-93 § 1; Ord. 3041-14 § 3)

The director of environmental services is authorized to delegate authority granted under this chapter to such deputies, officers, employees or agents of the city as the director shall designate, and to establish such rules, regulations and procedures, and to prepare or furnish such forms as the director deems necessary or appropriate to carry out the provisions of this chapter.

(Ord. 2433-93 § 1; Ord. 3041-14 § 4)

Except as otherwise provided, notices required to be given pursuant to the provisions of this chapter shall be in writing, may be combined with water service bills or other written communication, and shall be delivered personally, or by posting with the United States mail service, first class postage prepaid, and addressed to the last known address of the user to whom given, or to the owner of the premises to which the water service of such user pertains, shown on the last equalized assessment roll of the county assessor, county of Santa Clara.

(Ord. 2433-93 § 1)

It is unlawful for any person, firm, partnership, association, corporation or political entity to use water obtained from the water system of the city of Sunnyvale in violation of any provision of this chapter or in violation of the conditions of any exception granted pursuant to Section 12.34.040 of this chapter. Use of water by any user in accordance with the provisions of any exception granted by the director shall not be deemed in violation of this chapter. Violations of this chapter shall be punishable as infractions.

(Ord. 2433-93 § 1)

The remedies and penalties provided for in this chapter shall be cumulative and not exclusive, and shall be in addition to any or all other remedies available to the city.

(Ord. 2433-93 § 1)