West Covina Municipal Code § 23-329 Additional water shortage measures

(a) The city council of the city of West Covina may implement the provisions of this article, following the public hearing required by subsection (b), upon its determination that such implementation is necessary to protect the public health welfare and safety.

(b) The city council of the City of West Covina shall hold a public hearing for the purpose of determining whether a shortage exists and which measures provided by this article should be implemented. Notice of the time and place of the public hearing shall be published once not less than ten (10) days before the hearing in a newspaper of general circulation within the City of West Covina.

(c) The city council shall issue its determination of shortage and corrective measures by resolution published one (1) time in a daily newspaper of general circulation within the City of West Covina. Any prohibitions on the use of water shall become effective immediately upon such publication. Any provisions requiring curtailment in the use of water shall become effective on a date commencing on or after the date of such publication and set out in such publication.

(Ord. No. 1868, § 1, 1-28-91)

The definitions in this section shall apply to the provisions of this article.

Area of applicability means that area which lies within the City of West Covina's boundaries and that area in the City of Walnut east of Nogales Street and North of La Puente Road which is served water by the City of West Covina Water Department, excepting users with agricultural meters providing water for agricultural field crops.

Water means piped water supplied at retail by any water purveyor and does not include reclaimed, recycled or gray water or water from dewatering operations.

Water purveyor means any of the following water companies supplying water to a water user: Azusa Valley Water Company, City of Covina Water Department, Suburban Water Systems, San Gabriel Valley Water Company, Valencia Heights Water Company, City of West Covina Water Department (Rowland Area County Water District, Valley County Water District, Walnut Valley Water District).

Water user means any resident, tenant or business within the area of applicability who receives water service from a water purveyor.

(Ord. No. 1868, § 1, 1-28-91)

(a) No person shall waste water from any source nor shall any person sanction such waste. No water user shall make, cause, use, or permit the use of water from any water purveyor in a manner contrary to any provision of this article.

(b) The provisions of this article, when in effect, shall supersede conflicting provisions of this Code.

(Ord. No. 1868, § 1, 1-28-91)

(a) A Phase I shortage shall be declared when the city is advised by Metropolitan Water District in writing that a ten (10) percent or less shortage in water supplies delivered to the water purveyor will occur.

(b) The following restrictions on the use of water by water users shall be in effect during a Phase I shortage:

(1) There shall be no hose washing of sidewalks, walkways, buildings, walls, patios, driveways, parking areas or other paved surfaces, walls, except to eliminate conditions dangerous to public health or safety or when required as surface preparation for the application of architectural coating or painting;

(2) Washing of motor vehicles, trailers, boats and other types of equipment shall be done only with a hand-held bucket or a hose equipped with a positive shutoff nozzle for quick rinses, except that washing may be done with reclaimed wastewater, or by a commercial car wash using recycled water.

(3) No water shall be used to clean, fill or maintain levels in decorative fountains, ponds, lakes or other similar aesthetic structures unless such water is part of a recycling system.

(4) No restaurant, hotel, cafe, cafeteria or other public place where food is sold, served or offered for sale, shall serve drinking water to any customer unless expressly requested and shall display a notice to that effect.

(5) All water users shall promptly repair all leaks from indoor and outdoor plumbing fixtures.

(6) No lawn, landscape or other turf area shall be watered more often than every other day and during the hours between 10:00 a.m. and 4:00 p.m.; except that this provision shall not apply to commercial nurseries and golf courses.

(7) No water users shall cause or allow water to run off landscape areas into adjoining streets, sidewalks or other paved areas due to incorrectly directed or maintained sprinklers or excessive watering.

(8) The owner and manager of every hotel, motel, inn, guest house, bed and breakfast facility and short-term commercial lodging shall post a notice of such shortage and any necessary compliance measures.

(Ord. No. 1868, § 1, 1-28-91)

(a) A Phase II shortage shall be declared when the city is advised by Metropolitan Water District in writing that a shortage of more than ten (10) percent but less than twenty (20) percent in water supplies to the water purveyor will occur.

(b) The following restrictions on the use of water supplied to water users shall be in effect during a Phase II shortage:

(1) The restrictions listed in section 23-323, subsection (b) shall be in effect, except that the restrictions on watering lawn, landscape or other turf area shall be modified to prohibit watering more often than every third day between the hours of 8:00 a.m. and 6:00 p.m.

(2) Commercial nurseries, golf courses, parks and other public open space landscaped areas shall be prohibited from watering lawn, landscape or other turf areas more often than every other day and between the hours of 10:00 a.m. and 4:00 p.m.; except that there shall be no restriction on watering utilizing reclaimed wastewater.

(c) No water user supplied water by the City of West Covina shall make, cause, use or permit the use of water for any purpose in an amount in excess of eighty-five (85) percent of the amount used on the water user's premises during the corresponding billing period during the prior calendar year.

(1) Exemption. Single-family residential customers supplied water by the city shall not be required to reduce consumption below eighteen (18) billing units (13,500 gallons) per month during Phase II.

(Ord. No. 1868, § 1, 1-28-91)

(a) A Phase III shortage shall be declared when the city is advised by Metropolitan Water District in writing that a shortage of more than twenty (20) percent or more in water supplies to the water purveyor will occur.

(b) The following restrictions on the use of water shall be in effect during a Phase III shortage:

(1) The restrictions listed in section 23-323, subsection (b), shall be in effect, except that there shall be no residential outside watering of lawn, landscaping and other turf areas at any time except by bucket.

(2) Commercial nurseries, golf courses, parks and other public open space, landscaped areas shall be prohibited from watering lawn, landscaping and other turf areas more often than every third day and between the hours of 6:00 a.m. and 6:00 p.m.; except that there shall be no restriction on watering utilizing reclaimed water.

(3) The use of water from fire hydrants shall be limited to fire fighting and related activities and other uses of water for municipal purposes shall be limited to activities necessary to maintain the public health, safety and welfare.

(c) No water user supplied water by the City of West Covina shall make, cause, use or permit the use of water for any purpose in excess of eighty (80) percent of the amount used on the water user's premises during the corresponding billing period of the prior calendar year.

(1) Exemption. Single-family residential water users supplied water by the city shall not be required to reduce consumption below sixteen (16) billing units (12,000 gallons) per month during Phase III.

(Ord. No. 1868, § 1, 1-28-91)

(a) A water user may file an application for relief from any provisions of this article. The public works division manager shall develop such procedures as he or she considers necessary to resolve such applications and shall, upon the filing by a water user of an application for relief, take such steps as he or she deems reasonable to resolve the application for relief. The public works division manager may delegate his or her duties and responsibilities under this section as appropriate.

(b) The application for relief may include a request that the water user be relieved, in whole or in part, from the water use curtailment provisions of sections 23-324(c) and 23-325(c).

(c) In determining whether to grant relief, and the nature of any relief, the public works division manager 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 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;

(7) 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; and

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

(d) In order to be considered, an application for relief must be in writing, filed with the public works division manager or designee within twenty (20) days from the date the provision from which relief is sought becomes applicable to the applicant. No relief shall be granted unless the water user shows that he or she has achieved the maximum practical reduction in water consumption other than in the specific areas in which relief is being sought. No relief shall be granted to any water user who, when requested by the public works division manager or designee, fails to provide any information necessary for resolution of the water user's application for relief. The decision shall be issued within fifteen (15) days and provided to the water user.

(e) The decision may be appealed as set out in section 23-328(c) and (d).

(Ord. No. 1868, § 1, 1-28-91)

(a) For each violation by any water user of the water use curtailment provisions of sections 23-324(c) and 23-325(c) a surcharge shall be imposed in an amount equal to twenty-five (25) percent of the portions of the water bill that exceeds the respective percentages set in those two (2) subsections. This surcharge shall be paid to the city and shall be deposited in the water revenue fund as partial payment for the water department's costs and expenses of administering and enforcing this conservation plan as to that user.

(b) Violation by any water user of the water use prohibitions of section 23-322 or subsection (b) of sections 23-323, 23-324, and 23-325 shall be penalized as follows:

(1) First violation. The public works division manager or designee shall issue a written warning of the fact of a first violation during any one (1) water shortage emergency to the customer.

(2) Second violation. For a second violation during any one (1) water shortage emergency, the public works division manager or designee shall impose a surcharge in an amount equal to fifty (50) percent of the water user's water bill. This shall be paid to the city.

(3) Third and subsequent violations. For a third and each subsequent violation during any one (1) water shortage emergency, the public works division manager or designee shall install a flow restricting device of one (1) gallon per minute capacity for services up to one and one-half (1½) inch size, and comparatively sized restrictors for larger services, on the service of the water user at the premises at which the violation occurred for a period of not less than forty-eight (48) hours.

(c) The public works division manager or designee shall give notice of violation to the water user committing the violation as follows:

(1) Notice of violation of the water use curtailment provisions of sections 23-324(c) and 23-325(c) or of first violations of the water user prohibitions of section 23-322 or of subsection (b) of sections 23-323, 23-324 and 23-325 shall be given in writing by regular mail.

(2) Notice of second or subsequent violations of the water use prohibitions of section 23-322 or of subsection (b) of sections 23-323, 23-324 and 23-325 shall be given in writing in the following manner:

a. By giving the notice to the water user personally at both the billing and service address;

b. If the water user is absent from or unavailable at the premises at which the violation occurred, by leaving a copy with some person of suitable age and discretion at the premises and sending a copy through the regular mail to the address at which the customer is normally billed; or

c. If a person of suitable age or discretion cannot be found, then by affixing a copy in a conspicuous place at the premises at which the violation occurred and also sending a copy through the regular mail to the address at which the water user is normally billed.

d. The notice shall contain a description of the facts of the violation, a statement of the possible penalties for each violation and a statement informing the customer of his right to a hearing on the merits of the violation pursuant to section 23-328.

(d) Notwithstanding, all violations also will be treated as misdemeanors pursuant to Water Code Section 377.

(e) These provisions shall be considered rules and regulations for water service for areas served by the city outside the city and any failure to comply may be dealt with pursuant to those rules and regulations.

(Ord. No. 1868, § 1, 1-28-91)

(a) Any water user receiving notice of a second or subsequent violation of sections 23-323, 23-324 or 23-325 shall have a right to a hearing by the public works division manager or his designee within fifteen (15) days of mailing or other delivery of the notice of violation.

(b) The water user's written request for a hearing must be received within ten (10) days of the issuance of the notice of violation. This request shall stay installation of a flow-restricting device on the water user's premises and the imposition of any surcharge until the public works division manager or designee renders his decision. His decision shall be issued within ten (10) days of the hearing and shall provide a copy to the water user.

(c) The decision of the public works division manager or his designee may be appealed to the city manager or his designee by the water user's filing with the city clerk a written request for appeal within fifteen (15) days of receipt of the decision. Filing of such a request stays the implementation of any surcharge or installation of flow restrictor.

(d) The appeal hearing will be scheduled to occur within a reasonable period of time following filing of the appeal. No formal rules of evidence apply. All evidence customarily relied upon by reasonable persons in the conduct of serious business affairs will be allowed and the water user may present any such evidence which shows the alleged wasteful water use has not occurred. The decision of the city manager or his designee will be given in writing to the water user within fifteen (15) days of the appeal hearing and that decision shall be final.

(Ord. No. 1868, § 1, 1-28-91)

The city council may order implementation of water conservation measures in addition to those set forth in sections 23-323, 23-324, and 23-325. Such additional water conservation measures shall be implemented in the manner provided in section 23-320(b).

(Ord. No. 1868, § 1, 1-28-91)

Nothing in this article shall be construed to require the public works division manager or designee to curtail the supply of water to any water user when such water is required by that customer to maintain an adequate level of public health and safety. Notwithstanding, the rights of the city hereunder shall be in addition to any other rights of the city under any other applicable laws.

(Ord. No. 1868, § 1, 1-28-91)

If any section, subsection, sentence, clause, phrase, word or portion of this article is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The city council of the city hereby declares that it would have adopted this article and all provisions hereof irrespective of the fact that any one (1) or more of the provisions be declared invalid or unconstitutional.

(Ord. No. 1868, § 1, 1-28-91)