Willits Municipal Code Ch. 14.90 Water Shortage Emergency Plan

Footnotes:

--- (3) ---

Editor's note— Ord. No. 14-01, § 2, adopted March 26, 2014, repealed the former Chapter 14.90, §§ 14.90.010—14.90.090, and enacted a new Chapter 14.90 as set out herein. The former Chapter 14.90 pertained to water shortage emergencies and derived from Ord. No. 10-03.

A. Title. This section shall be known as the "water shortage emergency plan" of the city of Willits and may be so cited.

B. Purpose and Intent. The purpose of this water shortage emergency plan (plan) is to establish different levels of water conservation during a water shortage emergency resulting from a reduced supply of water such as may result from drought, water supply shortages or limitations of water delivery conditions.

Nothing in this section will preclude the city council from passing an emergency resolution for the immediate curtailment of water use by its customers due to water supply shortages and delivery limitations caused by extraordinary circumstances, events and conditions, either natural or unnatural.

C. Definitions. The terms used in this section shall have the following meanings:

1. The "city" means the city of Willits acting by and through the city of Willits public works department as operator of the city of Willits water system.

2. "Manager" is the city manager of the city of Willits.

3. "Customer" means any person, firm, partnership, association, corporation, company, organization, or governmental entity, whether within or without the geographic boundaries of the city of Willits, who uses water supplied by the city.

4. "GPD" means gallons per day.

5. "Water" means potable water.

(Ord. 14-01 § 2 (part)).

The city manager or his/her designee is authorized and directed to implement the applicable provisions of this section upon adoption of a city council resolution determining that such implementation is necessary to protect the public health, safety and welfare.

(Ord. 14-01 § 2 (part)).

The provisions of this plan shall apply to all customers and property served by the city's water system.

(Ord. 14-01 § 2 (part)).

No customer shall make, cause, use, or permit the use of water for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this plan, or in an amount in excess of that use permitted by either conservation Stage 2 or 3 when in effect as declared by resolution of the city council.

A. Stage 1—Voluntary Conservation. In order to achieve an overall system-wide reduction goal of twenty percent, all customers of the city shall be requested to:

1. Apply outdoor irrigation water only during the evening and early morning hours to reduce evaporation losses (eight p.m. to seven a.m.).

2. Even addresses can irrigate outdoors Tuesday, Thursday and Saturday.

3. Odd addresses can irrigate outdoors Wednesday, Friday and Sunday.

4. No outdoor irrigation on Mondays.

5. Inspect all irrigation systems, repair leaks, and adjust spray heads to provide optimum coverage and eliminate avoidable over-spray.

6. For irrigation valves controlling water applied to lawns, vary the minutes of run-time consistent with fluctuations in weather. Reduce minutes of run-time for each irrigation cycle if water begins to run off to gutters and ditches before the irrigation cycle is completed.

7. Replace inefficient plumbing fixtures and appliances with water efficient models.

8. Utilize city information regarding using water efficiently, reading water meters, repairing ordinary leaks, and water efficient landscape.

9. Prohibit nonessential uses of water, including the following:

a. Noncommercial washing of privately owned motor vehicles, trailers and boats except from a bucket and except that a hose equipped with a shut-off nozzle may be used to rinse a vehicle;

b. Any use of water from a fire hydrant, except for fighting fires, line flushing required by regulatory agencies or essential construction needs.

B. Stage 2—Mandatory Compliance—Water Alert. The city council may by resolution declare a conservation Stage 2 based on water supply and delivery projections by the public works director/city engineer and the council's determination that Stage 2 restrictions are needed to preserve available water resources to maintain an adequate water supply for human consumption, sanitation, and fire protection. Following a declaration of conservation Stage 2 status, and in addition to Stage 1 activities being mandatory, the following restrictions shall be implemented:

1. Residential water usage is limited to one hundred sixty GPD per occupied residential unit.

2. Water use for any nonresidential use is limited to eighty percent of the water used by the customer during the corresponding billing period in the prior year.

3. Nonessential uses of water, including the following, are prohibited:

a. Refilling or initial filling of a swimming pool. Topping off to prevent damage to pump and filter equipment is allowed.

b. Use of water except recycled water, as allowed by the regional water quality control board, for dust control and compaction at construction sites.

4. Water use by a vehicle washing facility is limited to eighty percent of the water used by the facility from corresponding billing period in the prior year, unless such washing facility treats and recycles wash water, in which case this provision shall not apply.

C. Stage 3—Mandatory Compliance—Water Emergency. The city council may, by resolution, declare a conservation Stage 3, based on water supply and delivery projections by the public works director/city engineer and the council's determination that Stage 3 restrictions are needed to preserve available water resources to maintain an adequate water supply for human consumption, sanitation, and fire protection. Following a declaration of conservation Stage 3 status, the following activities shall be prohibited:

1. Any activities prohibited during conservation Stages 1 and 2.

2. Residential water usage is limited to one hundred twenty GPD per occupied residential unit.

3. Water use for any nonresidential use is limited to seventy percent of the water used by the customer during the corresponding billing period in the prior year.

4. Irrigation of any lawn (residential, commercial or industrial) with water, at any time of day or night.

5. Planting any new landscaping, except for designated drought resistant landscaping prescribed by the city manager or designated representative.

6. All day and night-time irrigation sprinkling unless only a hand-held nozzle is used. This prohibition shall not apply to drip irrigation systems for established perennial plants and trees using manual or automatic time-controlled water application.

7. Planting of new annual plants, vegetables, flowers, or vines.

Following a declaration of conservation Stage 3 status, no new water connections or expansions of existing uses will be permitted even if previously authorized by building permit.

A "new water connection" is defined as a water connection for the benefit of any user or use of water, whether industrial, commercial, residential, institutional, or otherwise, who or which was not currently receiving water from the department at the time Stage 3 conditions were established.

A user whose water was temporarily disconnected at the establishment of Stage 3 shall not be deemed a "new water connection".

All new construction, not actually receiving water for other than construction uses at the time of establishment of Stage 3, shall be deemed a new water connection, notwithstanding the fact that such new construction may have received all permits and consents required of it by any governmental agency, including the city, and notwithstanding the fact that the applicable fees for water connection may have been prepaid by the applicant.

(Ord. 14-01 § 2 (part)).

Any classification of water customer, residential or otherwise, may make written application for an exception to the regulations and prohibitions described in this section. Said application shall be made under penalty of perjury and shall describe in detail why applicant believes an exception is justified.

A. The city manager or his/her designee may grant exceptions for use of water otherwise prohibited by this section upon finding and determining that failure to do so would cause an emergency condition affecting the health, sanitation, fire protection or safety of the applicant or public; or cause an unnecessary and undue hardship on applicant or the public, including, but not limited to, adverse economic impacts, such as loss of production or jobs.

B. The decision of the city manager or his/her designee may be appealed to the city council by submitting a written appeal to the city clerk within seven calendar days of the date of the decision. Upon granting any appeal the city council may impose any conditions determined to be just and proper. Exceptions granted shall be prepared in writing and filed with the city clerk.

(Ord. 14-01 § 2 (part)).

A. Any violation of any provision of this plan is hereby declared to be a public nuisance and shall be enforced in accordance with the provisions of the code enforcement ordinance (WMC Chapter 1.12), including without limitation the imposition of administrative penalties, notice and hearing requirements and appeals procedures.

B. Any violation of the provisions of this section shall be deemed an infraction.

C. In addition to the enforcement remedies provided in Chapter 1.12 WMC, upon a violation of any provision of this section, the city manager may authorize the installation of a flow-restricting device on the services line to the property(ies) in violation, and the cost of installation of such a device shall be charged to the person(s) or entity(ies) responsible for payment of water service charges or a lien against the affected property(ies).

D. In addition to the enforcement remedies provided in Chapter 1.12 WMC, upon a continued violation of any provision of this section, the city manager may authorize the termination of water service to the property(ies) in violation. The cost of terminating and restoring service shall be charged to the person(s) or entity(ies) responsible for payment of water service charges or a lien against the affected property(ies).

E. The city council shall, from time to time, establish a water waste fee and a water service termination/restoration fee to be used as a guideline for determining the amount of an administrative or criminal fine or penalty to be imposed for a violation of this section.

(Ord. 14-01 § 2 (part)).

Before either installing a water restrictor or terminating water service, the city shall give written notice to the person responsible for the service connection to be either restricted or terminated of its intention to do so. The person or persons to whom notice is given shall have five business days from the date of service of the notice to request a hearing before the city manager, or his/her designee, in order to present any and all evidence they may have as to why a restrictor should not be installed or service terminated.

If a hearing is requested, the city manager, or his/her designee, shall schedule a date and time for said hearing as soon as possible after the request is filed, but not later than five business days after the filing of such request for hearing. At the hearing, the person whose service connections are to be restricted or terminated and the utilities personnel may offer evidence. The city manager, or his/her designee, shall make a final determination as to whether service should be restricted or terminated and under what conditions.

(Ord. 14-01 § 2 (part)).