Yreka Municipal Code Ch. 11.38 Water-Efficient Landscaping

The provisions of the most current model Water Efficient Landscaping Ordinance, as published by the California Department of Water Resources, pursuant to the California Water Conservation in Landscaping Act (Government Code § 65591, et seq.), shall apply within the City of Yreka commencing on November 8, 2010. The provisions of the model ordinance shall apply until such time as the city may adopt an ordinance at least as effective in conserving water as the model ordinance, with appropriate findings. A copy of the most current version of the model Water Efficient Landscaping Ordinance shall be retained on file in the offices of the city planning director, public works director, building official, and city clerk at all times.

(Ord. 675 (part), 1992).

(Ord. No. 821, § 2, 11-18-2010)

A. A violation of the provisions of the model ordinance shall be deemed a violation of the Yreka Municipal Code subject to the same enforcement proceedings and penalties as any other violation of the Municipal Code.

B. The building official shall be charged with enforcement of this ordinance and shall follow the procedures outlined in this chapter in the investigation and enforcement of violations of this title. Wherever the language of the adopted Water Efficient Landscape Ordinance purports to grant to the building inspector or other official any discretionary authority, his or her power shall be limited to determining factually whether or not the conditions required by the ordinance have been complied with.

(a) Notice to Comply. When it is determined by the building official that a violation of this title exists, all known responsible persons shall be notified by registered or certified mail of the nature of the violation. The notice shall state that said responsible persons have seven working days in which to correct the violation. The building official may extend the seven-working-day period if he determines that reasonable progress is being made to correct the violation.

(b) Notice to Appear Citation. The building official or his authorized agent shall issue a notice to appear citation to the responsible party in the following instances: If, after the notice to appear citation is issued, the responsible party has complied with all applicable provisions of this title, the citation may be dismissed by the building official. The responsible party shall provide the proof of correction by the building official to the court clerk.

(1) When the seven-working-day period noted in subsection (a) of this section has lapsed and the violation has not been corrected;

(2) When the extension period noted in subsection (a) of this section has lapsed and the violation has not been corrected;

(3) Immediately upon observing the responsible party committing a violation of this title.

(c) Infraction. The responsible person(s) shall be guilty of an infraction if the violation still exists after the seven-working-day period, or any extensions thereto, has lapsed, or immediately upon being observed in violation of any provision of this title. Each day, or portion thereof, the violation still exists shall be a new and separate offense. The first three violations of the same section of this chapter on the same property shall be considered infractions and shall be punished as follows:

(1) For the first violation, a fine of one hundred dollars, plus any additional penalties assessed by the court;

(2) For the second violation, a fine of two hundred dollars, plus any additional penalties assessed by the court;

(3) For the third violation, a fine of five hundred dollars, plus any additional penalties assessed by the court.

(d) Misdemeanor. If the number of violations of the same section of this title on the same property exceeds three, the responsible person(s) shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as follows:

(1) By a fine of not more than five hundred dollars; or

(2) By imprisonment in the county jail for a term of not more than six months; or

(3) By such fine and/or imprisonment as noted in subdivisions (d)(1) and (d)(2) of this section.

(e) Action by City Attorney. Notwithstanding subsections (a) through (c) of this section, the city attorney may file a misdemeanor for any violation of this title and shall take other steps and apply to such court as may have jurisdiction to grant such relief.

C. Civil Penalties for Violations. In the event the city council adopts an ordinance for administrative enforcement of violations of the Yreka Municipal Code to provide for alternative, administrative methods of enforcement of violations of the Yreka Municipal Code and the payment and collection of civil penalties therefor, violations of the provisions of this chapter shall be subject to administrative enforcement of violations and the payment and collection of civil penalties as established by the city council.

(Ord. 675 (part), 1992).

(Ord. No. 821, § 2, 11-18-2010)

Editor's note— Ord. No. 821, § 2, adopted Nov. 18, 2010, repealed § 11.38.030, which pertained to water conservation concept statement and derived from Ord. 675 (part), 1992.

Editor's note— Ord. No. 821, § 2, adopted Nov. 18, 2010, repealed § 11.38.040, which pertained to landscape design plan and derived from Ord. 675 (part), 1992.

Editor's note— Ord. No. 821, § 2, adopted Nov. 18, 2010, repealed § 11.38.050, which pertained to irrigation design plans and specifications and derived from Ord. 675 (part), 1992.

Editor's note— Ord. No. 821, § 2, adopted Nov. 18, 2010, repealed § 11.38.060, which pertained to certification and derived from Ord. 675 (part), 1992.

Editor's note— Ord. No. 821, § 2, adopted Nov. 18, 2010, repealed § 11.38.070, which pertained to provisions for existing landscapes and derived from Ord. 675 (part), 1992.