Chapter 6 — Windsor Zoning Code

SIDEWALK MAINTENANCE AND LIABILITY

10-6-100 Maintenance and Repair of Sidewalks. ¶

a. The owners of parcels or real property, or portions thereof, adjacent to any sidewalk shall maintain such sidewalk in a safe and nondangerous condition, and shall repair and replace such sidewalk as necessary to maintain the sidewalk in a safe and non-dangerous condition as the owners' sole cost and expense. For the purposes of this chapter, the sidewalk area shall be the area between the property line of the parcel and the back of the curb or the edge of the roadway pavement, whichever is closer to the property line. The term sidewalk shall not include the curb and gutter.
b. For the purposes of this chapter, maintenance and repair of sidewalk area shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, removal of weeds and/or debris, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs, so that the sidewalk will remain in a condition that is safe and not dangerous to property or to persons using the sidewalk in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of the sidewalk.

(Ord. No. 2023-383, § 1, 12-20-2023)

10-6-200 Repair by Town. ¶

If the Town becomes aware that a portion of the sidewalk needs repair or endangers the public's use of such sidewalk, the Public Works Director, or his or her designee, may notify the owner of the adjacent property that such sidewalk needs repair. Notices shall be sent either in the manner provided for either in Streets and Highways Code Sections

5600 et seq., as those sections may be amended and renumbered from time to time, or in Chapter 1 of Title 1 of this Code. If the owner does not repair the sidewalk within the time provided in the notice, or within such longer period of time provided by the Public Works Director in writing, the Town may repair the sidewalk and recover the costs of such repair from the property owner in the same manner as provided for by either Streets and Highways Code Sections 5600 et seq. or Chapter 1 of Title 1 of this Code.

(Ord. No. 2023-383, § 1, 12-20-2023)

10-6-300 Liability for Injuries to Public. ¶

The owner of real property in the Town shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition as required by this chapter. The failure of an owner to fulfill the duties imposed by this chapter is negligence. If, as a result of the failure of any property owner to maintain the sidewalk area in a non-dangerous condition as required by this chapter, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury. The Town shall not be liable for an injury caused by the negligence of a property owner.

(Ord. No. 2023-383, § 1, 12-20-2023)

10-6-400 Exceptions. ¶

An adjacent property owner is not responsible for sidewalk damage and repair if the damage is caused by the action of the Town, or its officials and employees, and the property owner has notified the Public Works Director in writing of the damage or defects in the sidewalk. For the purpose of this section, damage caused by trees shall not be the responsibility of the Town to correct. (Ord. No. 2023-383, § 1, 12-20-2023)

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WINDSOR WATER DISTRICT

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seasonal demand of such service and to any other factors that may assist in arriving at a charge for the water service.

12-3-640 Multiple Meters. ¶

Separate bills will be rendered for each meter except where the District has for its own convenience installed two (2) or more meters in place of one (1) meter. Where such installations are made, the meter readings may be combined for billing purposes.

Article 7.

Water Main Extensions

12-3-700 System Improvements. ¶

No main extensions shall be made or water service connections installed or other applicable system improvements built unless applicant and District have executed an agreement for special service installations and improvements or an outside service area agreement that addresses such special service installations. All main extension agreements shall be approved by the District Counsel and the Board.

(Ord. No. 2014-72, § 1, 11-19-2014)

12-3-705 Main Extension for Individual Customers. ¶

Upon payment of all applicable fees and the estimated cost of extending the main from the existing facilities across the applicant's property frontage the District will execute a Main Extension Agreement.

12-3-710 Multi-Service Connections. ¶

An applicant for water service to individual units of a multiple development shall install the required water main extensions and service connections to District standards by private contract.

12-3-715 Installation by Customer. ¶

An applicant who desires to install facilities by private contract shall enter into either a water

main extension agreement with the District, or an outside water service agreement that addresses the below-referenced topics. Before work can begin, the agreement must be executed and acceptable performance, labor, material and maintenance security posted. Insurance protecting the District must be provided, to District requirements. Applicant shall pay to the District the engineering, inspection and overhead costs along with all fees and charges required on current schedules.

All work shall be constructed under District supervision and specifications. The formal acceptance by the District of any facilities so installed and rendering of water service shall be contingent upon payment of all charges and satisfaction of all conditions in the agreement.

(Ord. No. 2014-72, § 1, 11-19-2014)

12-3-720 Installation by District. ¶

The District may, at its sole option, determine that the District's best interest require the District to install water main extensions, and may install same with its own forces, contract to have them installed, or form an assessment District to install water main extensions and related wells, storage and distribution systems.

Before any work on any portion of the extension may be started, the District shall be guaranteed full payment of the costs of installation, as estimated by the District's engineer. In determining the total cost of an installation, a percentage will be applied and added to the subtotal of material, labor and equipment, which shall include, but not be limited to, the cost of engineering, legal overhead, material handling, and inspection, as determined by the District. If the actual costs are below the estimate, the excess will be refunded to the applicant. If the actual costs are higher than the estimate, applicant shall pay the additional cost on demand.

Determination of the actual costs shall be made by the District and shall in all cases be final. The

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District reserves the right to refuse service through such extension until payment for such higher cost has been received.

12-3-725 Design of Extensions. ¶

No dead-end lines will be permitted, except where approved as temporary, and designed to be connected to another line, and such connection is determined to be infeasible at the time of construction. All main extensions shall be carried to the furthest property line of applicant's property, unless otherwise approved as a condition of the water main extension agreement. "As-built" drawings shall be supplied to District prior to final approval and acceptance of any main extension.

12-3-730 Ownership of Facilities. ¶

All distribution, storage and pumping facilities installed by an applicant for the District shall become the District property only upon formal acceptance by District of such improvements. Maintenance and repair of damaged or broken facilities prior to acceptance shall remain the responsibility of the applicant. Formal acceptance of improvements installed by others shall not relieve the applicant from liability for damages because of a failure of such improvements due to faulty material, poor workmanship of negligence of applicant. District shall require at least one (1) year warranty bond after acceptance.

12-3-735 Board Approval. ¶

All Water Main Extension Agreements are subject to final approval by the District's Board of Directors and shall be signed by the President, attested by the Secretary, after approval by the District Counsel.

12-3-740 Construction Regulations. ¶

All water main extensions shall be subject to the standards and specifications adopted by resolution of the District.

Article 8.

Conservation of Water Supply

12-3-800 Purpose and Authority. ¶

The purpose of this article is to conserve the water supply of the Town for the greatest public benefit with particular regard to public health, fire protection, and domestic use, to conserve water by reducing waste, and to the extent necessary by reason of the existing water shortage emergency condition to reduce water use fairly and equitably. This article is adopted pursuant to State law including Water Code Sections 350 to and including 358, and Sections 31026 to and including 31029 and Water Shortage Contingency Plan Water Code Section 10632. (Ord. No. 2007-218 § 2) (Ord. No. 2021-76 WWD, § 1, 7-21-2021; Ord. No. 2021-77-WWD, § 1, 10-20-2021)

12-3-805 Definitions. ¶

The terms used in this article shall have the following meanings:

a. Corresponding billing period means a similar billing period occurring in a prior designated year to which current water use is compared for the purpose of determining the percent reduction in use.
b. Drip system means an irrigation system downstream of a reduced pressure device fitted with drip emitters, bubblers or low pressure micro-jet sprayers.
c. ETo means evapotranspiration demand reported as reference evapotranspiration for each California Irrigation Management Information System (CIMIS) weather station located in Sonoma and Marin Counties. (Local ETo data is available on the CIMIS website: http:// wwwcimis.water.ca.gov/cimis/ welcome.jsp)

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d. ETo adjustment factor means a percent reduction for landscape irrigation set by resolution of the Windsor Town Council and used as a factor to multiply times ETo to determine the appropriate amount of sprinkler water to apply to turf grass, garden, landscaped area, trees, or shrubs while rationing is in effect. The amount of water to apply is found by multiplying the area of landscape to be irrigated (square ft.) times the appropriate ETo Adjustment Factor times the plant factor times ETo (inches for a given period of time—typically three (3) to seven (7) days) times seven point forty-eight over twelve (7.48/12) to convert to gallons.
e. Healthcare and public safety use means use of water by customers whose principal purpose is to provide health services to the public (such as hospitals, clinics, invalid and senior care facilities and homes, and doctor, dentist, optometrist and chiropractor offices, etc.) or which provide vital public safety services (such as police stations, jails, fire stations, utility services, etc.). Not included in this class are office buildings that provide solely administration services (such as health insurance organizations, etc.) or landscaping uses at any healthcare or public safety site.
f. Irrigation only use means water use downstream of a Town owned billing meter whose principal purpose and design is to serve irrigation use.
g. Overall mandatory rationing requirement means the percent reduction in overall withdrawals from the water system determined by the Town Council to be necessary in order to achieve and to safely survive the water shortage emergency.
h. Plant factor means the fraction of water lost from the plant relative to reference evapotranspiration.
i. Shop unit means a type of residential unit which is separately metered and which involves a dwelling unit that is incorporated into the premises of a business—sometimes also referred to as a shop house or live/work unit.
j. Sprinklers as used in this article means an irrigation sprinkler connected to a hose, irrigation sprinklers connected to an inground pipe system, and soaker hoses or porous pipelines operating off of normal service pressure.

(Ord. No. 2007-218 § 3; Ord. No. 2015-290, § 2, 5-6-2015)

12-3-810 Effect of this Article. ¶

This article shall be in effect immediately after the Town Council by resolution declares that a water shortage condition exists, shall supersede and control over any other ordinance or regulation of the Town in conflict herewith, and shall remain in effect until the Town Council declares by resolution that the water shortage emergency has ended and renders this article inactive until called upon again as future drought conditions may warrant. (Ord. No. 2007-218 § 4) (Ord. No. 2015-290, § 2, 5-6-2015)

12-3-815 Suspension of New Connections to the Town's Water System. ¶

a. After the General Manager/Town Manager declares that a water shortage condition exists, and the declaration is ratified by the Town Council by resolution, and this article becomes effective, and until the date the Town Council by resolution declares that the water shortage has ended, which period is hereinafter referred to as the "suspension period," no new or enlarged connection shall be made to the Town's water system except the following:
1. Connection of fire hydrants.
2. Connection of property previously supplied with water from a private water source

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(such as a well or spring) upon submittal and approval of the Town Engineer evidence that the private source has failed or dried up or has otherwise been impaired by the drought or water shortage event to such a degree that the source no longer can meet minimal potable water needs of the applicant.

During mandatory Levels 1 through 3, connection of property for which the applicant has obtained all approvals required for development (including a building permit), except potable water supply, and for which the applicant agrees to defer installation of turf landscaping until after the suspension period.
During mandatory Level 4, 5, and 6 water shortage emergency, connection of property for which the applicant has: (1) obtained all approvals required for development (including a building permit), except potable water supply; agrees to defer installation of turf landscaping until after the suspension period; and (2) either retrofits good quality water conservation fixtures and devices (one point twenty-eight (1.28) gallon per flush toilets, one point five (1.5) gallons per minute showerheads, and one point five (1.5) gallons per minute faucet aerators for kitchen sinks and lavatories) in five (5) existing single-family detached dwelling units served by the Town, or pays the Town one thousand five hundred dollars ($1,500.00) per equivalent single-family detached dwelling unit for which water service is being applied. These payments shall be used by the Town to help fund its expanded water conservation program efforts during the suspension period. If an applicant chooses the retrofit option and a selected home already has some water-conserving fixtures, the applicant shall install conservation fixtures in additional dwellings as determined necessary by the Town's Water Conservation Coordinator.

b. During the suspension period, applications for water service will be processed only if the applicant acknowledges in writing that such processing shall be at the risk and expense of the applicant and that if the application is approved in accordance with the Town's regulations, such approval shall confer no right upon the applicant or anyone else until the suspension period has expired, and that the applicant releases the Town from all claims of damage arising out of or in any manner connected with the suspension of connections.

processing shall be at the risk and expense of the applicant and that if the application is approved in accordance with the Town's regulations, such approval shall confer no right upon the applicant or anyone else until the suspension period has expired, and that the applicant releases the Town from all claims of damage arising out of or in any manner connected with the suspension of connections.

c. Upon the termination of the suspension period, the Town will make connections to its water system in accordance with its regulations and the terms of connection agreements for all said applications approved during the suspension period. The water supply then available to the Town will be apportioned equitably among all the customers then being served by the Town without discrimination against services approved during the suspension period.
d. Nothing herein shall prohibit or restrict any modification, relocation, or replacement of a connection to the Town's system if the Town Engineer determines that the demand upon the Town's water supply will not be increased thereby.
(Ord. No. 2007-218 § 5; Ord. No. 2015-290, § 2, 5-6-2015; Ord. No. 2021-76 WWD, § 2, 7-21-2021; Ord. No. 2021-77-WWD, § 2, 10-20-2021)

12-3-820 Waste of Water Prohibited. ¶

a. No water furnished by the Town shall be wasted. Waste of water includes, but is not limited to, the following:
1. Washing hard or paved surfaces is prohibited except to alleviate safety or sanitary hazards using a handheld container, hose with an automatic shut-off device, or a low-volume high-pressure cleaning machine that recycles used water.

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Escape of water through breaks or leaks within the customer's plumbing or private distribution system for any substantial period of time within which such break or leak should reasonably have been discovered and corrected. The reasonable time within which to correct such break or leak or, as a minimum, to stop the flow of water from such break or leak shall be as established in the water shortage contingency plan currently in effect.
Watering vegetated areas in a manner that causes excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter, or ditch is prohibited. Every customer is deemed to have the customer's water system under control at all times, to know the manner and extent of the customer's water use and any runoff, and to employ available alternatives to apply irrigation water in a reasonably efficient manner.
No landscape watering shall occur within forty-eight (48) hours after measurable precipitation.
Washing or hosing down cars, boats, trailers or other vehicles is prohibited except by use of a handheld container, hose with an automatic shut-off device, or at a commercial car wash.
Cleaning, filling, or operating water features, such as decorative fountains, except where the water is part of a recirculating system.
Water for single-pass evaporative cooling systems for air conditioning in all connections installed after July 18, 2007, unless required for health or safety reasons.
1. Water for new non-recirculating conveyor car wash systems.
2. Water for new non-recirculating industrial clothes wash systems.
3. Lodging establishments must offer optout of linen service.
4. Water for construction dust control when recycled water is available.

b. Waste of water shall also include failure to put to reasonable beneficial use any water withdrawn from the Town's water system as determined by the Town Engineer.

(Ord. No. 2007-218 § 6; Ord. No. 2015-290, § 2, 5-6-2015; Ord. No. 2021-76 WWD, § 3, 7-21-2021; Ord. No. 2021-77-WWD, § 3, 10-20-2021)

12-3-825 Prohibition of Non-Essential Use of Water. ¶

a. No water furnished by the Town shall be used for any purpose declared to be non-essential by this article. The restrictions in this section shall not apply to use of recycled wastewater furnished by a government agency.
b. At any and all times that a water shortage emergency condition is declared by the Town Council, as Levels 1, 2, 3, 4, 5, or 6 water shortage emergency as set forth in the following table, all customers may be asked to either voluntarily or by mandate reduce consumption of water furnished by the Town, as specified by resolution of the Town Council, and all customers of the Town must adhere to implement actions as specified in the adopted Water Shortage Contingency Plan, as amended.

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		Water	Percent
		Shortage	Shortage
		Level	Range	Shortage Response Actions
		0	0% (normal)	A Level 0 Water Supply Shortage—Conditions exist
				when the Town notifies its water users that no supply
				reductions are anticipated in the year. The Town pro-
				ceeds with planned water efficiency best practices to sup-
				port customer demand reduction in line with State man-
				dated regulations and local Windsor goals for water
				supply resiliency. Permanent water waste prohibitions
				are in place as stipulated in the Town's Code including
				prohibitions of waste of waterperSection 12-3-820.
		1	Up to 10%	Disruption to the Town's water delivery system or short-
				ages in the amount of water available for delivery by
				Sonoma County Water Agency and/or Sonoma County
				Water Agency has declared a Level 1 shortage, or equiva-
				lent.
		2	Up to 20%	Disruption to the Town's water delivery system or short-
				ages in the amount of water available for delivery by
				Sonoma County Water Agency and/or Sonoma County
				Water Agency has declared a Level 2 shortage, or equiva-
				lent.
		3	Up to 30%	Disruption to the Town's water delivery system or short-
				ages in the amount of water available for delivery by
				Sonoma County Water Agency and/or Sonoma County
				Water Agency has declared a Level 3 shortage, or equiva-
				lent.
		4	Up to 40%	Disruption to the Town's water delivery system or short-
				ages in the amount of water available for delivery by
				Sonoma County Water Agency and/or Sonoma County
				Water Agency has declared a Level 4 shortage, or equiva-
				lent.
		5	Up to 50%	Disruption to the Town's water delivery system or short-
				ages in the amount of water available for delivery by
				Sonoma County Water Agency and/or Sonoma County
				Water Agency has declared a Level 5 shortage, or equiva-
				lent.
		6	> 50%	Disruption to the Town's water delivery system or short-
				ages in the amount of water available for delivery by
				Sonoma County Water Agency and/or Sonoma County
				Water Agency has declared a Level 6 shortage, or equiva-
				lent.

c.	The District reserves the right to require addi- d. Nothing in this chapter limits, or may be con-
	tional mandatory		measures beyond those in strued as limiting, the availability of water for
	the Water Shortage Contingency Plan as de- extinguishing fires, meeting the demands of
	termined by the District Board of Directors or any other similar emergency, or routine inspec-
	Town Council.			tion and maintenance of fire hydrants.

(Supp. No. 50)

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e. From and after the date that the Windsor Town Council declares that a Level 4, 5, or 6 water shortage emergency exists, and required mandatory water use reductions water use in excess of the following allotments established for each meter are in addition declared to be non-essential:

Residential meters serving single-family detached homes including mother-in-law or second units that are served by the same meter: the Town shall establish an allocation based on water supply availability that shall not exceed sixty-five (65) gallons per capita per day times the number of permanent occupants. Permanent occupants shall be a whole number. Babies, children, adults and senior citizens whose principal place of residence is in the dwelling in question shall each count as one (1) occupant. In determining the number of permanent occupants, the Town shall rely upon data it has acquired from the customer or other sources. Provided sufficient time is available, the Town will attempt to canvas customers to obtain current data on permanent household occupants. Alternatively, without sufficient data, the Town may assume the most recent published United States Census persons per household for an owner-occupied single-family detached dwelling unit as the basis for the allocation times the Town defined allocation of gallons per day per capita.
1. Residential meters serving multiple units: any use in excess of that resulting from application of the mandatory residential water use reduction established by the Windsor Town Council.
2. Irrigation only meters: any use in excess of that resulting from application of the mandatory irrigation water use reduction or occurring outside of the allowed hours and days of the week as established by resolution of the Windsor Town Council.
3. Meters serving any non-residential use (excluding irrigation only metered use and healthcare and public safety use): any use in excess of that resulting from application of the overall water use reduction established by the Windsor Town Council.
4. Meters serving water used for healthcare and public safety (excluding irrigation only use): any use in excess of the minimum amount required to adequately provide for healthcare and public safety.
5. Meters serving mixed uses: an allotment to be determined by the Town Engineer based upon the criteria contained in subsections e.1. through e.5. immediately above.

f. Any customer exceeding their allotment, based on metered billing records, shall be billed and required to pay a penalty established by the Master Fee Schedule at the time the mandatory Level 4, 5, or 6 water shortage emergency is declared. This penalty charge shall be waived for the first bill received after mandatory Level 4, 5, or 6 emergency is implemented and shall terminate the day the suspension period ends.
g. If a connection to the Town's system was not in existence or used in the corresponding billing period established for determination of the mandatory water use reduction requirement, the Town will estimate use in such year based on other historic records and/or water use by customers having similar end-uses.
h. In addition to the non-essential uses and restrictions detailed in this article, the Town Council may by resolution specify additional non-essential uses of water, or other mandatory water use restrictions or penalty fees during the shortage period, as may be required from time to time to conform to State and/or Sonoma County Water Agency declarations, regulations, and requirements with respect to water shortage and water conservation matters.

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i. During a declared Level 6 water shortage emergency the Town Council may adopt, by resolution, additional water supply measures, including, but not limited to:
1. Restrictions on delivering water to new connections;
2. Increased fees related to penalties for wasteful use of water, or other provisions as necessary in accordance with the adopted Water Shortage Contingency Plan or other Sonoma County Water Agency or State mandate.

The District or Town Council may also adopt by resolution provisions for customer rationing of existing connections in accordance with California Water Code Sections 350-359 or other local or State mandate. (Ord. No. 2007-218 § 7; Ord. No. 2015-290, § 2, 5-6-2015; Ord. No. 2021-76 WWD, § 4, 7-21-2021; Ord. No. 2021-77-WWD, § 4, 10-20-2021)

12-3-830 Signs on Lands Supplied from Private Sources or Supplied with Recycled Water. ¶

The owner or occupant of any land within the water service area of the Town that is supplied with recycled wastewater or water from a source not owned or operated by the Town (such as a well, spring or legal surface diversion) which is used to irrigate landscape which is visible to the general public, will be requested to post and maintain in a conspicuous place thereon a sign furnished by the Town giving public notice of the private supply. (Ord. No. 2007-218 § 8)

12-3-835 Use of Sprinklers Conditional. ¶

a. Any customer of the Town may use sprinklers to apply water furnished by the Town to irrigate any existing turfgrass, garden, landscaped area, trees or shrubs provided said application is properly controlled and performed in a nonwasteful and efficient manner confined to the

days of the week specified by resolution of the Town Council and to the hours of 7:00 p.m. and 7:00 a.m. of the next day. In the event low-pressure micro-jet sprayers are present in a drip system, irrigation by the valve(s) controlling same shall also be confined to the hours noted above.

b. The amount of water normally required for landscape irrigation shall be reduced by a percent set by resolution of the Town Council and shall hereafter be known as the ETo Adjustment Factor. This condition shall not apply to residential customers if Level 3 water shortage emergency measures are implemented.
c. In determining the amount of water to apply to turfgrass, customers are encouraged to use the following formula:

Applied Area of turfgrass (square feet) x water for ETo (inches for a given period of turfgrass time—typically three (3) to seven (gallons) = (7) days) x ETo Adjustment Factor x conversion factor of zero point sixty-two (0.62)

The ETo Adjustment Factor is based on the assumption that overall irrigation efficiency is sixtyfive (65%) percent and that the plant factor for turfgrass is one point zero (1.0). Use of this formula to determine applied water will yield the appropriate amount of water to apply while rationing is in effect.

d. In determining the amount of water to apply to landscaped areas containing a mixture of trees and shrubs, customers are encouraged to use the following formula:

Applied Area of landscape (square feet) x water for ETo (inches or a given period of mixed trees time—typically three (3) to seven and shrubs (7) days) x ETo Adjustment Factor (gallons) = x plant factor of zero point six (0.6) x conversion factor of zero point sixty-two (0.62)

The ETo Adjustment Factor is based on the assumption that overall irrigation efficiency is sixty-

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five (65%) percent and that the plant factor for mixed trees and shrubs is zero point six (0.6). Use of this formula to determine applied water will yield the appropriate amount of water to apply while mandatory water use restrictions are rationing is in effect.

e. Water applied by sprinklers shall be applied in short enough cycles to avoid run-off to gutters, drains, and other adjacent impervious areas.
f. During the suspension period, use of water by sprinklers is a privilege, and permission to use water in this way may be withdrawn if it comes to the attention of the District Engineer that such use by a given customer is wasteful or in excess of the amount determined in subsection (b) of this section. A common result of wasteful application of water by sprinklers is evidence of runoff to a gutter or other adjacent impervious area.

f water by sprinklers is a privilege, and permission to use water in this way may be withdrawn if it comes to the attention of the District Engineer that such use by a given customer is wasteful or in excess of the amount determined in subsection (b) of this section. A common result of wasteful application of water by sprinklers is evidence of runoff to a gutter or other adjacent impervious area.

g. Use of water pursuant to this section may be curtailed or eliminated during periods of water shortage as set forth in the Water Shortage Contingency Plan currently in effect.
(Ord. No. 2007-218 § 9; Ord. No. 2015-290, § 2, 5-6-2015; Ord. No. 2021-76 WWD, § 5, 7-21-2021; Ord. No. 2021-77-WWD, § 5, 10-20-2021)

12-3-840 Variances. ¶

In unusual circumstances, application of this chapter may cause unnecessary hardships or results inconsistent with this chapter's purposes and intent. Therefore, variances to some of the requirements of this chapter may be appropriate as described below:

a. The General Manager may grant variances to water use restrictions provisions during a Level 1, 2, or 3 declared water shortage emergency as specified in [the] Water Shortage Contingency Plan. During [a] Level 4, 5, or 6 water emergency, as specified in the Water Shortage Contin-

gency Plan, any previously granted variances shall be suspended without notice, unless they are based on a critical health need as determined by a licensed medical professional, with such determination being provided to the General Manager.

b. Customers who seek a variance from this chapter for any reason shall submit to the District a written request for variance, setting forth, in detail, the extraordinary circumstances that support the application. The General Manager may approve the application at their discretion; provided, that the variance allows the applicant to use only the minimum amount of water, in addition to that allowed by this chapter, that the General Manager reasonably believes is necessary to satisfy the circumstances that support the application. Any such variance shall terminate one (1) year after its issuance, subject to an application for its renewal.
c. Any customer of the Town may make a written application for a variance. Applications shall be addressed to:

Utility Billing Town of Windsor 9291 Old Redwood Highway P.O. Box 100 Windsor, CA 95492

(Ord. No. 2007-218 § 10; Ord. No. 2021-76 WWD, § 6, 7-21-2021; Ord. No. 2021-77-WWD, § 6, 1020-2021)

12-3-845 Enforcement and Penalties. ¶

The goal of the provisions of this chapter is to achieve voluntary compliance from the customer, and the District will take reasonable measures to assure the customer has information available to promptly and efficiently address water use issues. Where voluntary compliance cannot be achieved through initial contacts and warnings, then appro-

(Supp. No. 50)

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priate administrative penalties and further action are required. Except as otherwise provided herein, violations of any provision of this chapter shall be addressed as follows:

are required. violations of addressed as	Except as otherwise provided herein, any provision of this chapter shall be follows:

Violation First	Penalty Personal or written notification of
	the violation
Second	Written notification and issuance
	of a notice to correct
Third	Issuance of an administrative pen-
	alty per the Master Fee Schedule
Fourth	Issuance of an administrative pen-
	alty per the Master Fee Schedule
Fifth Final	Issuance of an administrative pen- alty per the Master Fee Schedule Disconnected water service and/or other penalties as provided in the notice of violation and as deter- mined bythe General Manager

a. Violations will be based on observation(s) and documentation of waste by District staff, including, but not limited to, evidence of continually running water by meter readings, physical inspection, and/or visual observation of the occurrence. Violations are subject to the enforcement provisions in Section 12-3-845.

the suspension period. This sum shall be recoverable by a civil suit in a court of competent jurisdiction. This section does not limit the Town's right to recover the cost of any Town water taken without the Town's permission.

d. All customer fees required by this section shall be set by a resolution of the Town.
e. There shall be no appeal of the water use restrictions identified in [this] chapter or Water Shortage Contingency Plan. Any appeal of other decisions shall be appealable in writing to the General Manager and if still unresolved a second appeal may be sent in writing to the District Board of Directors.

(Ord. No. 2007-218 § 11; Ord. No. 2021-76 WWD, § 7, 7-21-2021; Ord. No. 2021-77-WWD, § 7, 1020-2021)

Editor’s note— Ord. No. 2021-76 WWD, § 7, adopted July 21, 2021, amended the title of § 12-3-845 to read as herein set out. The former § 12-3-845 title pertained to enforcement and fees.

b. It shall be unlawful for any customer to willfully tamper with or in any way modify or attempt to modify a Town meter or anything within the Town's meter box. Violation shall result in the customer being charged a meter tampering fee plus the cost of labor and materials to remedy any damage caused to the Town's equipment as a result of such tampering.
c. Anyone who willfully takes water from the Town water system without the Town's permission or who willfully tampers with or causes damage to any Town meter or water system appurtenance is liable to the Town in the sum of time and materials, plus citation for code violation, as a civil penalty, for each subsequent act during

12-20.10

(Supp. No. 50)

	User Flow
Pollutants	(!!l)d)	Local Limit	Units
Aluminum	*NIA*	5.0	mg/1
Antimony	*NIA*	5.0	mg/1
Arsenic	*NIA*	0.5	mg/1
Barium	*NIA*	5.0	mg/I
Beryllium	*NIA*	1.0	mg/I
Boron	*NIA*	1.0	mg/I
Cadmium	*NIA*	0.02	mg/1
Total chlorinated hydrocarbons	*NIA*	0.002 (trace)	mg/I
Chromium(total)	*NIA*	0.01	mg/1
Cobalt	*NIA*	0.5	mg/1
Copper	*NIA*	0.5	mg/1
Cyanide (total)	*NIA*	0.2	mg/1
Total dissolved solids(TDS)	*NIA*	5,000	mg/1
Fluorides	*NIA*	2.0	mg/I
Formaldehydes	*NIA*	5.0	mg/I
Iron	*NIA*	5.0	mg/I
Lead	*NIA*	0.5	mg/1
Manganese	*NIA*	1.0	mg/1
Mercury	*NIA*	0.001	mg/1
Total oil and grease (non-floatable	*NIA*	500	mg/1
grease, oil, fat, ether-solublematter
otherthansoap)
Total petroleum hydrocarbons (floatable	*NIA*	50	mg/1
grease, oil, fat, ether-soluble matter)
Phenolandderivatives	*NIA*	0.5	mg/1
Nickel	*NIA*	0.2	mg/1
Selenium	*NIA*	5.0	mg/I
Silver	*NIA*	0.05	mg/1
Total toxic organics(TTO)'	*NIA*	2.13	mg/1
Zinc	*NIA*	1.0	mg/I
Biological oxygen demand(BODY	<1,5001:rnd	10.j	lb/day
	1,500-25,0001:rnd	33	lb/day
	>25,000 gpd	44	lb/day
Total suspected solids (TSS)L	<1,5001:rnd	7.5	lb/day
	1,500-25,000 imd	27	lb/day
	>25,000 gpd	40	lb/day
Ammonia(asnitrogen?	<1,5001:md	1.8	lb/day
	1,500-25,0001md	6.0	lb/days
	>25,000irod	7.9	lb/day
PhosphorusL	<1,500 irod	0.34	lb/day
	1,500-25,000 irod	1.1	lb/day
	>25,000 gpd	1.54	lb/day

==> picture [12 x 18] intentionally omitted <==

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DEVELOPMENT AGREEMENTS; SUBDIVISIONS; ETC.

CHAPTER 7. ASSESSMENTS

Article 1.

Reserved

16-7-100—16-7-220. Reserved.

Editor’s note— Ord. No. 2209-251, § 1, adopted Mar. 18, 2009, repealed Title 16, Ch. 7, Art. 1, in its entirety. Former Title 16, Ch. 7, Art. 1, pertained to Old Downtown Widnsor business Improvement District and derived from Ord. No. 2004-182, § 1 (part); and Ord. No. 2006-208, § 1 (part).

16-23

(Supp. No. 53)

16-8-100

TOWN OF WINDSOR CODE

SIDEWALK MAINTENANCE AND LIABILITY

10-6-100 Maintenance and Repair of Sidewalks. ¶

10-6-200 Repair by Town. ¶

10-6-300 Liability for Injuries to Public. ¶

10-6-400 Exceptions. ¶

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12-3-640 Multiple Meters. ¶

Article 7.

Water Main Extensions

12-3-700 System Improvements. ¶

12-3-705 Main Extension for Individual Customers. ¶

12-3-710 Multi-Service Connections. ¶

12-3-715 Installation by Customer. ¶

12-3-720 Installation by District. ¶

12-3-725 Design of Extensions. ¶

12-3-730 Ownership of Facilities. ¶

12-3-735 Board Approval. ¶

12-3-740 Construction Regulations. ¶

Article 8.

Conservation of Water Supply

12-3-800 Purpose and Authority. ¶

12-3-805 Definitions. ¶

12-3-810 Effect of this Article. ¶

12-3-815 Suspension of New Connections to the Town's Water System. ¶

12-3-820 Waste of Water Prohibited. ¶

12-3-825 Prohibition of Non-Essential Use of Water. ¶

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