Ventura Municipal Code Ch. 22.171 WATER SHORTAGE REGULATIONS AND RATES RELATING THERETO 4 Revised

4 Editor’s note(s): Section 2 of Ord. No. 2021-010 , adopted May 24, 2021, amended Chapter 22.171 in its entirety to read as herein set out. Former Chapter 22.171 pertained to the same subject matter and derived from Ord. No. 2017-007, adopted June 15, 2015.

This chapter may be cited as the “Water Shortage Regulations and Rates Relating Thereto Ordinance.” (Ord. No. 2021-010, § 2, 5-24-21)

A. Purpose. The purpose of this chapter is to ensure compliance with all federal, state, and local requirements relating to water shortage mitigation for the protection of public health, safety, and welfare by:

1. Reducing the per capita water consumption throughout the city of San Buenaventura (“the city”) during years of normal precipitation and during years of drought;

2. Protecting and conserving the city’s supply of water during specified times of emergency and/or crisis; and

3. Minimizing and/or eliminating the waste of water through voluntary compliance or punitive action, if necessary.

B. Scope. The provisions of this chapter shall apply to all customers and/or recipients (hereinafter “customer”) of the city’s potable, untreated, and recycled or reclaimed water service(s) within the city’s territorial limits or the service area of Ventura Water.

C. Administration and Enforcement. The city manager, or designee, including, but not limited to, an enforcement officer as defined herein, shall administer, implement, and enforce the provisions of this chapter. For purposes of this chapter an “enforcement officer” means any city employee or agent of the city with the authority to enforce any provision of this chapter and the authority to make any decision on behalf of the city manager required or called for by this chapter.

D. Compliance. All provisions of this chapter are subject to the compliance procedures set forth in this chapter unless otherwise expressly stated herein.

E. Notification. The city manager, or designee, shall determine the means by which the city shall notify its water customers of water shortage stage determinations and any applicable upgrade or downgrade of such determinations or restrictions. Notification may be achieved through mass media, newspaper, public notice, mailings, utility billings, or by any combination of such notice, or by other means as determined by the city manager, or designee. (Ord. No. 2021-010, § 2, 5-24-21)

Any of the following acts or omissions, whether willful or negligent, shall constitute the waste of water:

A. Causing or permitting water to discharge, flow or run to waste into any gutter, sanitary sewer, watercourse, or storm drain, or to any adjacent property, from any tap, hose, faucet, pipe, sprinkler, or nozzle. In the case of irrigation, “discharge,” “flow,” or “run to waste” means that the earth intended to be irrigated has been saturated with water to the point that excess water flows over the earth to waste. In the case of washing, “discharge,” “flow,” or “run to waste” means that water in excess of that necessary to wash, wet, or clean the dirty or dusty object, such as an automobile, sidewalk, or parking area, flows to waste.

B. Allowing water fixtures or heating or cooling devices to leak or discharge.

C. Maintaining ponds, waterways, decorative basins or swimming pools without water recirculation devices.

D. Backwashing so as to discharge to waste swimming pools, decorative basins, or ponds in excess of the frequency necessary to ensure the healthful condition of the water, or in excess of that required by standards for professionally administered maintenance, or to address structural considerations, as determined by the city manager, or designee.

E. Operation of an irrigation system that applies water to an impervious surface or that is in disrepair.

F. Use of a water hose not equipped with a control nozzle capable of completely shutting off the flow of water except when positive pressure is applied.

G. Irrigation of outdoor landscaping during rainfall and within 48 hours after measurable rainfall.

H. Overfilling of any pond, pool, or fountain which results in water discharging to waste, or use of any pond, pool, or fountain at drought stage mandated by the state of California.

I. The irrigation with potable water of ornamental turf on public medians.

J. The irrigation with potable water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulation or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development. (Ord. No. 2021-010, § 2, 5-24-21)

The city has developed a six-stage contingency plan to reduce demand up to 50 percent during a severe or extended water shortage event involving both voluntary and mandatory stages. The following water shortage stages are hereby established:

A. Annual Water Supply and Demand Assessment. The city’s water shortage event contingency plan explains the methods for conducting an annual water supply and demand assessment utilizing information from the city’s annual comprehensive water resources report. This assessment shall be used in considering water shortage responses and stages of action.

B. Stage 1. Advisory – Annual supply projection is between zero and 10 percent below demand projection.

C. Stage 2. Moderate – Annual supply projection is greater than or equal to 10 percent and less than 20 percent below demand projection.

D. Stage 3. Moderate – Annual supply projection is greater than or equal to 20 percent and less than 30 percent below demand projection.

E. Stage 4. Severe – Annual supply projection is greater than or equal to 30 percent and less than 40 percent below demand projection.

F. Stage 5. Severe – Annual supply projection is greater than or equal to 40 percent and less than 50 percent below demand projection.

G. Stage 6. Critical – Annual supply projection is greater than or equal to 50 percent of demand projection. (Ord. No. 2021-010, § 2, 5-24-21)

A. Water Supply Conditions. The water supply conditions in Table 1, from the city’s water shortage event contingency plan, are based on annual supply projections compared to demand projections and will be used to consider if water shortage event restrictions shall be implemented. Other circumstances may also be considered, including but not limited to the time of year, weather forecasts, river flow forecast, rainfall, temperature, past experience and economic feasibility, the volume of water available from Lake Casitas, volume available from groundwater wells, and quality of the water produced from each source.

B. Stages of Water Use Restrictions. Each stage shall remain in effect until conditions indicate a more or less restrictive stage is necessary and action is taken by the city council based on supply criteria identified in Table 1 of the city’s water shortage event contingency plan. The city council may determine that the facts before them require that they call for any stage, and need not proceed in order through the stages.

1. Declaring Water Use Restrictions. Stages 2 through 6 of the water shortage event contingency plan shall be called by the city council declaring an emergency water restriction.

2. Modifying and Ending Water Use Restrictions. For each month that customer water use restrictions are in effect at Stage 4, 5, or 6 under this water shortage event contingency plan the city manager shall report to the city council on the status of the shortage and water use changes in the Ventura Water system, including a recommendation to maintain, change, or end the water use restrictions. A water shortage event can be terminated by the city council upon determination that available supply projections exceed demand projections, or supplies have been otherwise secured by rainfall, basin replenishment, or a new supply.

A water shortage event involving sudden, unforeseen emergencies can be terminated by the city manager or the designee thereof upon a determination that the emergency no longer exists. As soon as practicably possible or at the next scheduled city council meeting, the city manager or the designee thereof shall have this termination decision reviewed by the city council.

Table 1. Water Shortage Stages Triggers/Demand Reduction Goals

Notes to Table 1:

1The annual supply projection will be conducted as described in the city’s water shortage event contingency plan or in an emergency situation be prepared by the Ventura Water general manager.

C. Other Water Conservation Actions by the City. The city shall comply with the restrictions similar to those implemented for the public to the extent possible and not inconsistent with the restrictions provided for the city in this section. The city will encourage all water customers to cooperate with the water restrictions imposed by each stage.

1. Limit use of potable water to irrigate newly planted street, park and/or golf course trees, street medians, and general irrigation on all city properties. Nonpotable water from wastewater treatment shall be used by city personnel if available for such purposes. No new plantings shall be installed by the city during Stage 3 or higher water shortage events.

2. In Stage 2 or higher mandatory restrictions, ornamental fountains and waterfalls shall not be replenished unless water recirculates.

Take reasonable effort to preserve permanent trees, shrubs, and turf on city property. City parks have three priorities for watering during a shortage; comparable priorities apply to trees, shrubs, and turf in nonpark city owned facilities.

a. No or little reduction in watering of turf in sports fields shall be required where there are safety concerns due to continued use;

b. Twenty to 30 percent reduction in watering for visitor areas of the city that need to look welcoming to visitors; and

c. Thirty to 40 percent reduction in passive use areas; these are the areas that will turn brown first.

The city manager shall review city operations to identify feasible water use reductions with the goal of matching allocation reductions imposed on residential customers.

3. Upon declaration of Stage 3 water shortage event Ventura Water will investigate importing water or other water purchase options.

4. During Stages 4 through 6, the decision to fill or refill city swimming pools or continue operation of said pools in a manner that is safe and expeditious will be separate from the restrictions in the city’s water shortage event contingency plan. Changes shall be approved by the city council with input from the Ventura Water general manager and parks and recreation director following written notification to all contracted user groups of the city pools.

5. Ventura Water has invested in a neutral output discharge elimination system for hydrant flushing, and water lost from flushing is minimal. During Stages 5 and 6, the hydrant flushing maintenance program shall be limited except as deemed necessary by the Ventura Water general manager and city fire chief to enhance water quality or to conduct fire flow and large meter tests. Jet flushing of sanitary sewers, storm sewer flushing, and street sweeping shall be limited except as deemed necessary for health, safety, sanitation, or general welfare purposes or required by a permit issued from a state or federal agency. (Ord. No. 2021-010, § 2, 5-24-21)

During a Stage 1 or Stage 2 water shortage event, the actions and restrictions of this section shall apply in addition to and not in lieu of any other restrictions that may apply.

A. The following actions apply to the city during a Stage 1 or a Stage 2 water shortage event:

1. Monitor conservation levels and increase public awareness.

2. Notify customers of shortage conditions and disseminate water conservation information and kits.

3. Publicize water shortage event contingency plan stages and the possible actions per stage including water use reduction goals.

4. Provide information on customer’s bill as to what they should be using for the needed cutback.

5. Implement water shortage surcharge rates consistent with this code, Section 22.171.110, commencing with Stage 2.

6. Enforce mandatory water consumption reduction program for all customers and users.

7. Implement water conservation programs as outlined in the water efficiency plan, including providing rebates or incentives for water wise landscape changes and high efficiency irrigation technology.

8. Promote efficient water use through education, incentives, and other actions.

9. Enforce water waste provisions of this code, Section 22.170.010.

10. Inform new development applicants of water shortage event contingency plan and its restrictions, including notice that if conditions worsen, issuance of permits and development approvals may be delayed until additional water supply becomes available or conditions significantly improve.

11. Provide ways to increase use of recycled water to reduce potable water usage.

B. The following actions apply to all Ventura Water customers during a Stage 1 or Stage 2 water shortage event:

1. Monitor water usage.

2. Implement conservation measures to reduce usage.

3. Comply with city’s water waste provisions in Section 22.170.010, including repairing indoor and outdoor leaks.

4. Where feasible, use nonpotable water to perform dust control, irrigate landscaping and other areas.

5. For customers who own and/or operate hotels and motels, the customer shall provide their guests with the option of choosing not to have towels and linens laundered daily. The customer shall prominently display notice of this option in each guest room using clear and easily understood language. (Ord. No. 2021-010, § 2, 5-24-21)

During a Stage 3 water shortage event, the actions and restrictions of this section and Stages 1 and 2 shall apply in addition to and not in lieu of any other restrictions that may apply.

A. The following actions apply to the city during a Stage 3 water shortage event:

1. All actions required in Stages 1 and 2.

2. Make reasonable efforts to provide low cost recycled water for irrigation and other nonpotable uses as approved by regulatory agency.

3. Municipal customers will reduce outdoor use of potable water by at least 20 percent.

4. Use recycled water on city parks and landscaping using contract trucks or other equipment.

5. Encourage single metered multifamily units to install submeters.

6. Send written notification of increase to Stage 3 to all development project applicants.

7. Change outdoor watering limitations to specific days of the week to aid enforcement.

B. The following actions apply to all Ventura Water customers during a Stage 3 water shortage event:

1. All actions required for Stages 1 and 2.

2. Comply with mandatory water conservation regulations.

3. Do not wash sidewalks, walkways, driveways, parking lots, or any other hard-surfaced areas by hose or flooding, except as otherwise necessary to prevent or eliminate conditions dangerous to the public health and safety or for other legitimate necessity.

4. Comply with prohibited outdoor irrigation of ornamental landscape or turf with potable water through an irrigation system between the hours of 9:00 a.m. and 6:00 p.m. and limiting the use of irrigation systems to two days a week.

5. Not allowing or engaging in water waste as defined in Section 22.171.030.

6. Do not allow water to run and be wasted during outdoor use. (Adjust or reduce sprinklers so the water does not run onto the pavement or street.)

7. Do not allow leaks to persist past 48 hours.

8. Handheld hoses used to wash a vehicle must have an automatic shutoff nozzle.

9. Water service in all restaurants is by customer request only.

10. Do not operate fountains unless the water is recirculating.

11. Do not knowingly waste water in any way. (Ord. No. 2021-010, § 2, 5-24-21)

During a Stage 4 water shortage event, the actions and restrictions of this section shall apply in addition to and not in lieu of any other restrictions that may apply.

A. The following actions apply to the city during a Stage 4 water shortage event:

1. All actions required for Stages 1, 2, and 3.

2. Limit use of potable water for street sweeping, power washing, and other activities that otherwise consume potable water unless required by a permit issued by a state or federal agency.

3. Municipal customers will reduce outdoor use of potable water by at least 30 percent.

4. Implement baseline/use appeal process for hardship cases.

5. New development, i.e., any proposed project that does not have all of the discretionary entitlements required, that does not have a water supply to serve their project which supplements the city’s water supply will be required to offset any impact to water supply during this stage or any higher water shortage event if the project applicant wishes to continue in the entitlement process during a water shortage event.

B. The following actions apply to all Ventura Water customers during a Stage 4 water shortage event:

1. All actions required for Stages 1, 2, and 3.

2. Comply with mandatory water conservation regulations. (Ord. No. 2021-010, § 2, 5-24-21)

During a Stage 5 water shortage event, the actions and restrictions of this section shall apply in addition to and not in lieu of any other restrictions that may apply:

A. The following actions apply to the city during a Stage 5 water shortage event:

1. All actions required for Stages 1, 2, 3, and 4.

2. Municipal customers will reduce outdoor use of potable water by at least 40 percent.

3. Prepare a resolution for city council consideration directing the community development department to stop processing development approvals in order to conduct a public hearing regarding water allocation to development applications.

4. Limit outdoor watering to one day per week.

B. The following actions apply to all Ventura Water customers during a Stage 5 water shortage event:

1. All actions required for Stages 1, 2, 3, and 4.

2. Comply with mandatory water conservation regulations. (Ord. No. 2021-010, § 2, 5-24-21)

During a Stage 6 water shortage event, the actions and restrictions of this section shall apply in addition to and not in lieu of any other restrictions that may apply.

A. The following actions apply to the city during a Stage 6 water shortage event:

1. All actions required for Stages 1, 2, 3, 4, and 5.

2. No outdoor irrigation using potable water will be allowed.

3. All water use not required for health and safety is prohibited.

4. Suspend the issuance of any new development approvals and new water connections other than those required to be processed by state law. Building permits which do not create new demand for water or which are for emergencies, public safety, and water conservation may be exempted by the city manager.

B. The following actions apply to all Ventura Water customers during a Stage 6 water shortage event:

1. All actions required for Stages 1, 2, 3, 4, and 5.

2. Comply with mandatory water conservation regulations.

3. Prohibition of all outside water use unless necessary for the preservation of health, safety, and the public welfare.

4. Watering with hand-held five-gallon maximum bucket, filled at exterior hose bib or interior faucet (not by hose) for the preservation of vegetable gardens or fruit trees shall be allowed at any time.

5. The filling of swimming pools, spas, hot tubs, and wading pools is prohibited. (Ord. No. 2021-010, § 2, 5-24-21)

A. Water Shortage Rates for Revenue Loss Recovery. Water shortage rates would be implemented when mandatory stages are enacted by the city council. Water shortage rates appear as a surcharge that is applied as a shortage surcharge on a customer’s bill during Stages 2 through 6. A rate schedule has been created for each mandatory stage of this chapter. The rates would resume to normal rates once the water shortage event is terminated based on triggers in this chapter.

1. Goals of Water Shortage Rates.

a. Meet community expectations to provide safe and reliable water supply during shortages at rates that are fair and as low as possible.

b. Maintain fiscal stability in the event of a sudden or long-term water shortage.

c. Achieve state mandates and legal requirements.

d. Be adopted into this code to provide expediency and business continuity in the event of future shortages.

2. Principles of the Water Shortage Rates.

a. The baseline water rates will remain in effect, and water shortage rates will appear as a surcharge that is applied as a shortage surcharge on a customer’s bill during Stages 2 through 6.

b. The shortage surcharges will be increased for each stage of mandatory conservation to ensure full revenue loss recovery.

3. Codifying the Water Shortage Rates.

a. Listed in this section are the rates of water shortage surcharges by applicable stages for fiscal years 2027, 2028, 2029, 2030, and 2031. If the regular water service rates are not re-evaluated for fiscal year 2032 and beyond, the FY 2031 water shortage rates stand only if another cost of service study is not done. The rates set forth below for each stage will be put into effect when a water shortage event is called by the city council and a particular stage is identified.

b. Customers will be given 30 days’ notice prior to the rates going in effect unless the city council takes extraordinary action.

c. The rates for each tier are detailed in the cost of service and rate design study report dated October 16, 2025, copies of which are on file in the office of the city clerk.

d. Upon review by San Buenaventura Water that the water supply projection has improved, the city council shall consider rescinding the water shortage rates then applicable at the same time the recommendation is made to reduce them to a lower stage or to terminate the water shortage event or emergency.

(Ord. No. 2021-010, § 2, 5-24-21; Ord. No. 2025-017, § 5, 12-16-25)

Penalty fines and water service actions may be levied and applied for each violation of a provision of this chapter as follows:

A. First Violation. For the first violation of any of the provisions of this chapter a written notice is to be given.

B. Second Violation. For the second violation of any of the provisions of this chapter a surcharge penalty is hereby imposed in an amount equal to 100 percent of the most recent monthly water bill (exclusive of the sewer portion of the bill), or $25.00, whichever is less, payable as part of the water bill, by the customer at the premises at which the violation occurred.

C. Third Violation. For the third violation of any of the provisions of this chapter a surcharge penalty is hereby imposed in an amount equal to 50 percent of the most recent monthly water bill (exclusive of the sewer portion of the bill), or $50.00, whichever is greater. This penalty is payable as part of the water bill, by the customer at the premises at which the violation occurred.

D. Fourth Violation. For a fourth violation of any of the provisions of this chapter within 12 calendar months, the city will install a flow restricting device of one GPM capacity for services up to one-and-one-half-inch size, and comparatively sized restrictors for larger services, on the service of the customer at the premises at which the violation occurred for a period of not less than 48 hours. The charge for installing such a flow restricting device will be based upon the size of the meter and the actual cost of installation. The charge for removal of the flow restricting device and restoration of normal service shall be based on the actual cost involved. Said charges shall be payable by said customer as part of the water bill. Restoration of normal service will be performed during the hours of 8:00 a.m. to 4:00 p.m. on regular working days. In addition, a surcharge penalty of 100 percent of the most recent monthly water bill (exclusive of the sewer portion of the bill) shall be imposed for restoration of normal service, payable by said customer as part of the water bill.

E. Fifth and Subsequent Violations. For any subsequent violation after the fourth violation of any of the provisions of this chapter within 12 calendar months, the city may discontinue water service to the customer at the premises at which the violation occurred. (Ord. No. 2021-010, § 2, 5-24-21)

A. Whenever the city manager, or designee (including, but not limited to, an enforcement officer), determines that a customer and/or person has violated any provision of, or failed to meet a requirement of, this chapter, an administrative citation pursuant to Chapter 1.50 or a written compliance order pursuant to Chapter 1.150 may be issued to any customer and/or person responsible for the violation.

B. Any compliance order issued may require without limitation any or all of the following:

1. The allocation of a particular amount of water to a given customer and/or person responsible for the violation;

2. The installation of a flow restriction device;

3. The performance of monitoring, analyses, and reporting;

4. That violations shall cease and desist; and/or

5. The discontinuation of water service.

The compliance order shall set forth a deadline within which the requirements of the compliance order must be completed. Said compliance order shall further advise that, should the violator fail to comply with the compliance order within the established deadline, a hearing on the compliance order shall be set. (Ord. No. 2021-010, § 2, 5-24-21)

If full compliance is not achieved within the time specified in the compliance order, a hearing on the compliance order shall be set pursuant to Chapter 1.150. All penalties and remedies authorized by Chapter 1.150 shall apply to violations of this chapter, except that any violation of this chapter shall not constitute a criminal offense. (Ord. No. 2021-010, § 2, 5-24-21)

Any customer against whom an administrative fine or water service action is levied pursuant to this chapter shall have the right to appeal as follows:

A. The appeal must be in writing, legible, and received by the city clerk within 15 calendar days of the issuance of the notice of violation to the customer. The written request for appeal consideration shall include:

1. A description of the issue; and

2. Evidence supporting the appeal; and

3. A suggestion for resolution of the dispute, if any.

B. The Ventura Water general manager will review the material submitted and make an independent determination of the issue.

C. The Ventura Water general manager’s determination may be appealed in writing to the city manager, upon the written request of that customer to the city clerk within 15 calendar days of the mailing of the notice of determination. The appeal of the Ventura Water general manager’s determination shall be heard and considered by the city manager. The city manager may, in their discretion, affirm, reverse, or modify the determination. (Ord. No. 2021-010, § 2, 5-24-21)

Any customer and/or person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such customer and/or person commits, continues, permits, or causes a violation thereof, and shall be punished accordingly. (Ord. No. 2021-010, § 2, 5-24-21)

In addition to the enforcement processes and penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the city at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be initiated and/or taken by the city. (Ord. No. 2021-010, § 2, 5-24-21)

Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies. The remedies provided for herein shall be cumulative and not exclusive. (Ord. No. 2021-010, § 2, 5-24-21)

Any decision of the hearing panel shall be final. Any customer and/or person aggrieved by an order of the hearing panel may obtain review of the order in the superior court by filing with the court a petition for writ of mandate within 90 days pursuant to California Code of Civil Procedure Section 1094.6. (Ord. No. 2021-010, § 2, 5-24-21)