Yreka Municipal Code Ch. 12.12 Water Efficiency

Footnotes:

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Editor's note— Ord. No. 841, § 2, adopted Aug. 20, 2015, repealed the former Ch. 12.12, §§ 12.12.010—12.12.050, and § 3 of the same ordinance enacted a new chapter as set out herein. The former Ch. 12.12 pertained to water use regulations and derived from Ord. 117, §§ 1—5, adopted in 1917; and Ord. 440, § 1(part), adopted in 1970.

The Yreka city council finds and determines as follows:

A. The above recitals are true and correct and are incorporated herein as if set forth in full and are relied upon independently by the city council for its adoption of this ordinance.

B. Article X, Section 2 of the California Constitution declares that waters of the state are to be put to a beneficial use, that waste, unreasonable use, or unreasonable method of use of water be prevented, and that water be conserved for the public welfare.

C. California Water Code Section 350 authorizes water suppliers to find and determine the existence of an emergency caused by drought or other threatened or existing water shortage. A water shortage emergency does exist and the city of Yreka hereby declares the existence of caused by drought or other threatened or existing water shortage; and

D. California Water Code Section 375 authorizes water suppliers to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies.

E. California Water Code Section 356 allows for the adoption of regulations and restrictions that include discontinuance of service as an enforcement option where a water shortage emergency condition has been declared.

F. California Water Code Section 370 et seq., authorizes water suppliers to adopt water allocation programs for water users and allocation-based conservation water conservation pricing.

G. California Water Code Section 375 et seq., authorizes public water suppliers to establish by ordinance, the maximum levels of water to be used by customers under emergency supply conditions and declaring that the customer's excess usage, to be a violation of the ordinance.

H. State regulations and executive orders require conservation of current water supplies and minimization of the effects of water supply shortages that are the result of drought are essential to the public health, safety and welfare.

I. That the adoption of this ordinance, for the purpose of addressing water shortages and allocation of supplies, is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Sections 15307, 15308 and 15269(c) of the state CEQA guidelines since this ordinance is necessary to prevent or mitigate the emergency water shortages that have been declared by the state and as declared by the city herein and to assure maintenance and protection of a natural resource and the environment during. The adoption of this ordinance will result in the maintenance and protection of water resources, and will not result in cumulative adverse environmental impacts. Further, the Governor's Executive Order B-29-15 dated April 1, 2015, regarding the statewide state of emergency due to severe drought conditions suspends the requirements of CEQA in order to implement the requirements of that executive order. The city council directs city staff to file a notice of exemption within five days following adoption of this ordinance with the Siskiyou County Clerk.

J. The city of Yreka hereby finds, determines and declares that a statewide water shortage emergency exists, under the authority of Executive Order B-29-15; California Code of Regulations, Title 23, Sections 863, 864, 865 and 868; the state's mandate that all urban water suppliers implement water waste control measures; Article X, Section 2 of the California Constitution; as well as state urban water supplier conservation tiers requiring city water users to decrease their water usage by thirty-two percent; pursuant to its authority under Water Code Section 350 and that water conservation measures and restriction on the use of water are necessary to conserve the available water supply and protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the city of Yreka hereby adopts the following regulations and restrictions on the delivery and consumption of water; and

K. Under the authority of Executive Order B-29-15; California Code of Regulations, Title 23, Sections 863, 864, 865 and 868; the state's mandate that all urban water suppliers implement water waste control measures; as well as state urban water supplier conservation tiers requiring city water users to decrease their water usage by thirty-two percent; and pursuant to its authority under Water Code Section 350, 356 and 375, that the city of Yreka, based on the findings set forth herein, does hereby prohibit the wastage of water and does hereby order that the water conservation measures and water use restrictions are necessary and appropriate to prevent the waste of water and to protect the health and safety of water users.

L. This ordinance is intended to further the conservation of potable water. It is not intended to implement any provision of federal, state or local statutes, ordinances or regulations relating to protection of water quality or control of drainage or runoff. Refer to the local jurisdiction or regional water quality control board for information on storm water ordinances or management plans.

M. This ordinance is intended to establish a water conservation and landscape guidelines that will reduce water consumption within the city through conservation, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and maximize the efficient use of water within the city to avoid and minimize the effect and hardship of water shortage to the greatest extent possible.

(Ord. No. 841, § 3, 8-20-2015)

The provisions of this ordinance shall apply to all persons, customers, and property utilizing potable water provided by the city, within or outside the city and within the city's service area and regardless of whether any water user shall have a contract for water service with the city.

(Ord. No. 841, § 3, 8-20-2015)

Where other provisions of the municipal code, whether enacted prior or subsequent to this chapter, are inconsistent with the provisions of this chapter, the provisions of this chapter shall supersede and control.

(Ord. No. 841, § 3, 8-20-2015)

A. The following words and phrases whenever used in this chapter have the meaning defined in this section:

1. "Best management practices" (BMP) means a policy, program, practice, rule, regulation ordinance or the use of devices, equipment or facilities that result in more efficient use or conservation of water.

2. "Certified landscape irrigation auditor" means a person certified to perform landscape irrigation audits by a professional trade organization or other educational organization.

3. "CDPH" means the California Department of Public Health.

4. "City" means the city of Yreka, California.

5. "City manager" means the city manager of the city of Yreka or his or her designee unless otherwise stated or indicated by context.

6. "City water system" means those facilities within and without the city of Yreka that the city uses to deliver water as the water purveyor recognized by the California Department of Public Health.

7. "Customer" means any person or entity using water supplied by the city water system. "Customer" includes tenants of single-family dwellings or duplexes, owners of real property and management companies responsible for property management of real property.

8. "CUWCC" means the California Urban Water Conservation Council.

9. "Department" means the city of Yreka department of public works.

10. "Director" means the city of Yreka director of public works or his or her designee unless otherwise stated or indicated by context.

11. "Discontinued service" means having the water service turned off by the department.

12. "Fire chief" means the fire chief of the city of Yreka or designee unless otherwise stated or indicated by context.

13. "Non-residential customer" means any property being served by city water where no residence exists.

14. "Park" or "public park" means city owned land that is maintained for community recreation purposes.

15. "Person" includes individuals, persons, corporations, partnerships, associations, public or private entities, governmental agencies, institutions, Indian tribes, their organizations and entities, and all other legal entities.

16. "Private fire service" means a private fire service main and appurtenances installed on private property and maintained by the property owner for the explicit intent of providing fire flows either through fire hydrants, fire sprinkler systems, or other water-based fire protection systems.

17. "Public ground" means any city owned land.

18. "Residential customer" means a customer of the city water system on whose property, whether owned or rented, and at least one person resides.

19. "SWRCB" means the California State Water Resources Control Board.

20. "Water budget" means the adopted dollar amount in the city's budget allocated for irrigating public ground or public parks.

21. "Water conservation" means the best management practices for the reasonable and efficient use of water for both indoor and outdoor water demands.

22. "Water conservation program guidelines" means the program guidelines developed, maintained, and managed by the director pursuant to this chapter.

23. "Water division manager" means the water division manager in the department of public works.

24. "Wasteful use of water" is as defined in Section 12.12.70.

(Ord. No. 841, § 3, 8-20-2015)

The city shall have the right to manage water demand within the city's water service area.

(Ord. No. 841, § 3, 8-20-2015)

A. The director shall oversee this chapter's implementation, compliance with the CUWCC best management practices and any laws mandating water conservation.

B. The director is authorized to develop sustainable landscape practices consistent with the water conservation intent of this chapter. The director shall, from time to time, but at least annually, review the sustainable landscape practices and determine if such practices are reasonable and achieve the level of conservation required under this chapter for the declared water conservation stage, taking into account the burden imposed on property owners.

(Ord. No. 841, § 3, 8-20-2015)

The following water conservation requirements are effective at all times and are permanent. Violations of this section constitutes water waste and an unreasonable use of water:

A. Water flowing away from a property caused by excessive application(s) of water beyond reasonable or practical irrigation rates, duration of application, or other than incidental applications to impervious surfaces or any sidewalk, walkway, driveway, street, alley, gutter or ditch.

B. Causing or permitting an amount of water to discharge, flow, run to waste into or flood any gutter, sanitary sewer, water course or storm drain, or to any adjacent lot, from any tap, hose, faucet, pipe, sprinkler, or nozzle. In the case of irrigation, "discharge," "flow" or "run to waste" means that water is applied to the point that the earth intended to be irrigated has been saturated with water so that additional applied water then flows over the earth. In the case of washing, "discharge," "flow" or "run to waste" means that water in excess of that necessary is applied to wash, wet or clean the dirty or dusty object, such as an automobile, sidewalk, or parking area.

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

D. Maintaining ponds, waterways, decorative basins or swimming pools that does not use water recirculation devices or with known leaks, both seen and unseen, unless a waiver has been obtained.

E. Discharging water from, and refilling, swimming pools, decorative basins or ponds in excess of the frequency reasonably necessary to maintain the health, maintenance or structural considerations of the pool, basin or pond, as determined in the director's sole discretion.

F. Continued operation of an irrigation system that is in disrepair.

G. 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.

H. Irrigation of lawns or landscaping during periods of measurable rainfall.

I. Overfilling of any pond, pool or fountain that results in water discharging from the pond, pool or fountain.

J. Failure to repair a controllable leak within five working days of the defect's commencement, unless the director informs the customer that the leak must be repaired more quickly, in which case the customer shall repair the leak in the time specified by the director.

K. Excepting evaporative cooling systems, any installation of (new) single-pass cooling system(s), such as water-cooled air compressors, in buildings requesting new water service.

L. Causing or permitting the flow of city supplied water to run into any river, creek or other natural watercourse or drain, superficial or underground channel, or into any sanitary or storm sewer, any street, road or highway, or upon the lands of another person or upon public lands except as necessary for the proper operation of the public water supply system.

M. Any new automatic car wash or new commercial laundry system shall be designed and constructed in accordance with the then current best management practices for water conservation.

N. Whenever the governor or any agency designated by the Legislature of the State of California, law or regulation reduces or suspends water diversion or imposes water conservations standards. These state imposed restrictions are generally imposed for a limited duration of time and shall expire as set forth in the state's regulations. Each of these regulations shall be adopted by resolution of the city council and, when they are in effect, will be available for public inspection on the city's website.

(Ord. No. 841, § 3, 8-20-2015)

The Yreka city council hereby delegates to the director, or if no director to the city manager or his/her designee, the authority to determine the city water system's water conservation stage. To arrive at that determination, the director may consider whether that system's water supplies available for potable use are sufficient to meet the current customer demands on that system, unless otherwise excluded by this section, other relevant factors. The director is directed to consider, among other things: (A) any variations in the reliability of the water supplies available to the city water system; (B) any variations in historic water demand (C) availability of non-potable water to meet non-potable demands on the city water system; (D) the success, or lack thereof, of previous declarations of a less stringent water conservation stage in causing the water-use reductions sought by the city; and (E) any agreements between the city and local water rights holders for deliveries of additional water supplies to the city. The director will select the necessary stage for conservation under Section 12.12.90.

The director's water conservation stage determination will take effect on the tenth day after the date that a new or different water conservation stage is declared. Within five days following the declaration of the shortage phase, the city shall publish a copy of the resolution in a newspaper used for publication of official notices. As a courtesy to customers, whenever the director establishes a new or different water conservation stage determination, it may also provide notice of the determination by including it in the regular billing statement or by any other mailing to the address to which the city customarily mails the billing statement for fees or charges for on-going water service.

(Ord. No. 841, § 3, 8-20-2015)

The director is authorized to implement and enforce whatever conservation measures are deemed by the director to be expedient to achieve the water reduction requirements of the declared conservation stage. For each stage, the water use reduction for customers shall be as follows:

A. Stage one (basic stage) shall be in effect year-round, without notice or publication as specified in Section 12.12.080, and are independent of any calculation of the system's safe operating capacity, shortage, or abundance of supply. The voluntary elimination of water wasteful acts is considered to be the most basic, common sense approach to reducing waste of water resources. Residents of the city of Yreka are asked to always be mindful of the value of all natural resources.

B. Stage two (water alert) shall achieve a reduction of up to ten percent relative to the projected demand.

C. Stage three (water warning) shall achieve a reduction of up to twenty percent relative to the projected demand.

D. Stage four (water crisis) shall achieve a reduction of up to thirty-five percent relative to the projected demand.

E. Stage five (water emergency) shall achieve a reduction of up to fifty percent relative to the projected demand, or any other reduction the city manager determines, in writing, is necessary to protect public health and safety in the city during the actual situation presented by a stage five water emergency.

(Ord. No. 841, § 3, 8-20-2015)

Water use restrictions during the various efficiency stages shall, at a minimum, be as listed below and may be augmented by other restrictions as determined necessary by the city manager.

A. During the stage one (basic stage) efficiency stage, the following restrictions shall be enforced:

1. Water will be used for beneficial uses; all wasteful use of water is prohibited.

2. Water shall be confined to the customer's property and shall not be allowed to run off to adjoining property or to the roadside ditch or gutter. Care shall be taken not to water past the point of saturation.

3. The use of a free flowing hose is prohibited for vehicle and equipment washing, ponds, evaporative coolers and livestock watering troughs. A free flowing hose with a sprinkler apparatus may be used for landscape irrigation. Automatic shut-off devices, including sprinkler timers, are recommended for use on any hose or filling apparatus in use.

4. All pools, spas and ornamental fountains/ponds shall be equipped with a recirculation pump and shall be constructed to be leak proof. Pool draining and refilling shall be allowed only to the extent required for health, maintenance, or structural considerations, and must otherwise comply with all applicable federal, state and local stormwater management requirements.

5. The city will encourage customers to irrigate landscapes and pastures a maximum of three days per week based on the following odd-even schedule, with the exception of drip irrigation, which may be conducted on any day.

a. The city will encourage customers with street addresses that end with an odd number to irrigate only on Tuesdays, Thursdays and Saturdays.

b. The city will encourage customers with street addresses that end with an even number may irrigate only on Wednesdays, Fridays and Sundays.

c. The city will encourage customers to not irrigate on Mondays.

6. The city recommends that landscape and pasture irrigation during the months of April through September occur only between the hours of 8:00 p.m. and 8:00 a.m.

B. During the stage two (water alert) efficiency stage, the following restrictions shall be enforced:

1. All stage one (basic stage) restrictions shall continue to be enforced, except to the extent they are replaced by more restrictive requirements imposed by this section.

2. Landscape and pasture irrigation shall be limited to a maximum of three days per week based on the following odd-even schedule, with the exception of drip irrigation, which may be conducted on any day.

a. Customers with street addresses that end with an odd number may irrigate only on Tuesdays, Thursdays and Saturdays.

b. Customers with street addresses that end with an even number may irrigate only on Wednesdays, Fridays and Sundays.

c. No irrigation is permitted on Mondays.

3. If the city establishes, and the director approves, a water budget for a city park or other public ground, irrigation of the city park or public ground shall only be allowed according to the water budget, which shall not exceed a total quantity equal to the landscape area (in acres) multiplied by an application volume per acre equal to seventy percent of reference evapotranspiration.

4. Hand and manual watering follows the same odd/even day schedule and may be done anytime during the day.

5. The city recommends that landscape and pasture irrigation, as well as hand and manual watering, during the months of April through September occur only between the hours of 8:00 p.m. and 8:00 a.m.

6. Washing of streets, parking lots, driveways, sidewalks, buildings or other hardscape surfaces is prohibited, except as necessary for health, sanitation or fire protection purposes.

7. Public and private streetscape landscaping (medians and frontage) may be watered only on the same schedule as customers with street addresses that end with an even number.

C. During the stage three (water warning) efficiency stage, the following restrictions shall be enforced:

1. All stage one and two restrictions shall continue to be enforced, except to the extent they are replaced by more restrictive requirements imposed by this section.

2. Landscape and pasture irrigation shall be limited to a maximum of two days per week based on the following odd-even schedule, with the exception of drip irrigation, which may be conducted on any day.

a. Customers with street addresses that end with an odd number may irrigate only on Tuesdays and Saturdays.

b. Customers with street addresses that end with an even number may irrigate only on Wednesdays and Sundays.

c. No irrigation is permitted on Mondays, Thursdays and Fridays.

3. If the city establishes, and the director approves, a water budget for a city park or other public ground, irrigation of the city park or public ground shall only be allowed according to the water budget, which shall not exceed a total quantity equal to the landscape area (in acres) multiplied by an application volume per acre equal to sixty percent of reference evapotranspiration.

4. No potable water from the city water system shall be used for construction purposes such as dust control, compaction, or trench jetting, unless the use is approved by the director.

D. During the stage four (water crisis) efficiency stage, the following restrictions shall be enforced:

1. All stage one, two, and three restrictions shall continue to be enforced, except to the extent they are replaced by more restrictive requirements imposed by this section.

2. Landscape and pasture irrigation, including drip irrigation, shall be limited to a maximum of one day per week based on the following odd-even schedule.

a. Customers with street addresses that end with an odd number may irrigate only on Tuesdays.

b. Customers with street addresses that end with an even number may irrigate only on Wednesdays.

c. No irrigation is permitted on Mondays, Thursdays, Fridays, Saturdays and Sundays.

3. If the city establishes, and the director approves, a water budget for a city park or other public ground, irrigation of the city park or public ground shall only be allowed according to the water budget, which shall not exceed a total quantity equal to the landscape area (in acres) multiplied by an application volume per acre equal to fifty percent of reference evapotranspiration.

4. Public and private streetscape landscaping (medians and frontage) may be watered only on the same schedule as customers with street addresses that end with an even number.

5. No water from the city water system shall be used to drain and refill swimming pools, artificial lakes, ponds or streams and no new permits for swimming pools, artificial lakes, ponds or streams shall be issued until the water conservation stage has been declared to be stage one.

6. Water use for ornamental ponds and fountains is prohibited unless required to maintain existing vegetation or to sustain existing fish/animal life.

7. New or expanded landscaping on properties is limited to low or very low water use trees, shrubs, and ground cover and no new turf or grass shall be planted, hydro-seeded or laid.

8. Washing of automobiles or equipment shall be done on the lawn or at a commercial establishment that uses recycled or reclaimed water.

9. All water leaks shall be repaired within twenty-four hours of notification by the department of public works or service may be discontinued.

E. During the stage five (water emergency) efficiency stage, the following restrictions shall be enforced:

1. All stage one, two, three, and four restrictions shall continue to be enforced, except to the extent they are replaced by more restrictive requirements imposed by this section.

2. No landscape and/or pasture irrigation shall be allowed, including parks or other public grounds.

3. Flushing of sewers or fire hydrants is prohibited, except in case of an emergency and for essential operations.

4. Flushing of fire protection systems is prohibited, except during required maintenance or servicing of the system.

5. Water use for ornamental ponds and fountains is prohibited.

6. Washing of automobiles or equipment shall be done at a commercial establishment that uses recycled or reclaimed water.

7. Installation of any new lawns or landscaping is prohibited.

8. No water from the city water system shall be used for construction purposes such as dust control, compaction, or trench jetting, unless the use is necessary for fire protection system testing, maintenance, or acceptance by the fire chief.

(Ord. No. 841, § 3, 8-20-2015)

All customers, public and private, with a parcel over one acre shall comply with Section 11.38.010 of the Yreka Municipal Code, as amended or supplanted. Compliance with this requirement will be waived for one full year if a full landscape water audit has been performed in the previous year.

Customers that have a current irrigation system audit on file with the department will be allowed one courtesy water waste warning before being deemed in violation of this chapter.

(Ord. No. 841, § 3, 8-20-2015)

A. Undue and Disproportionate Hardship: If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property of classes of water users, then the person may apply for a waiver to the requirements as provided in this section.

B. A person requesting a variance from the provisions of this article must file an application with the city manager on forms promulgated by the city. Each application shall include the following information:

1. Name and address of the applicant(s);

2. A full description of the proposed water use, including, but not limited to:

The daily amount of the proposed use;

The hours of the proposed use;

3. A reference to the specific provision(s) of this article from which the applicant is requesting relief;

4. A detailed statement as to how the specific provision of the article adversely affects the applicant and/or what damage or harm will occur to the applicant or others if applicant complies with this article;

5. A description of the relief requested;

6. The period of time for which the variance is sought;

7. Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this article and the compliance date; and

8. Any additional information that the city manager deems relevant and necessary in making a determination regarding the request.

C. Written Finding: The waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user's property.

1. Application: Application for a waiver must be on a form prescribed by the city and accompanied by a non-refundable processing fee in an amount set by city council resolution.

2. Supporting Documentation: The application must be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant.

3. Required Findings for Waiver: An application for a waiver will be denied unless the city manager or his/her designee finds, based on the information provided in the application supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the city or its agent, all of the following:

a. That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses;

b. That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property of use that exceeds the impacts to residents and businesses generally;

c. That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the city to effectuate the purpose of this chapter and will not be detrimental to the public interest; and

e. That the condition or situation of the subject property of the intended use of the property for which the waiver is sought is not common, recurrent or general in nature.

D. Approval Authority: The city manager or designee must act upon any completed application no later than thirty days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition. The decision of the city manager will be final.

E. Waivers granted shall expire upon the earlier of:

1. The date the water conservation measure from which the variance was granted is no longer in effect;

2. The date the city manager determines that the applicant has failed to comply with any deadline imposed with respect to compliance with the conditions set forth in the variance; or

3. The date the city manager specifically sets forth for termination of the variance.

F. Waivers Not a Defense. The granting of a waiver shall not be a defense to a violation of the provisions of this article that occurs prior to the effective date of the variance. No variance shall be retroactive or otherwise justify any violation of this ordinance occurring prior to the issuance of the waiver.

(Ord. No. 841, § 3, 8-20-2015)

A. Violation of any provisions of the ordinance herein must be personally observed by members of the city staff able to personally attest to them. The fines for such violations will be collected on the water bill. Failure to pay a fine amount will be treated as nonpayment of the water bill and water service may be terminated as a result. The fines for such violations are as follows:

1. First Violation: The city will issue a written warning and deliver a copy of a summary of this ordinance by mail.

2. Second Violation: A second violation within the preceding twelve calendar months is punishable by a fine not to exceed one hundred dollars.

3. Third Violation: A third violation within the preceding twelve calendar months is punishable by a fine not to exceed two hundred and fifty dollars.

4. Fourth and Subsequent Violations: A fourth and any subsequent violation is punishable by a fine not to exceed five hundred dollars.

a. Water Flow Restrictor Device: In addition to any fines, the city may install a water flow restrictor device of approximately one gallon per minute.

b. Termination of Service: In addition to any fines, the city may disconnect and/or terminate a customer's water service.

B. Cost of Installing Flow Restrictor or Disconnecting Service: A person or entity that violates this ordinance is responsible for payment of the city's charges for installing a flow restrictor or disconnecting and/or reconnecting service per the city's schedule of charges then in effect. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.

C. Separate Offenses: Each day that a violation of this ordinance occurs is a separate offense.

D. Additional Enforcement Authority: In addition to the remedies specified herein, the director is empowered to pursue any additional remedies necessary, including criminal, civil and administrative remedies.

E. Notice and Hearing:

1. The city will issue a notice of violation by mail or personal delivery at least ten days before taking enforcement action. Such notice must describe the violation and the date by which corrective action must be taken. A customer may appeal the notice of violation by filing a written notice of appeal with the city no later than the close of business on the day before the date scheduled for enforcement action. Any notice of violation not timely appealed will be final. Upon receipt of a timely appeal, a hearing on the appeal will be scheduled, and the city will mail written notice of the hearing date to the customer at least ten days before the date of the hearing.

2. Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the city may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water conservation stage condition.

(Ord. No. 841, § 3, 8-20-2015)

A. An illegal connection to the city water system shall be disconnected at the discretion and direction of the director, and the offender shall be subject to the penalties specified in Section 12.12.130.

B. Unauthorized use of a fire hydrant, public or private, for anything other than fire flows or authorized and metered construction water shall subject the offender to the penalties specified in Section 12.12.130 and Chapter 12.04 of the Yreka Municipal Code.

C. Private fire services with an observed demand that is deemed not to be fire flow by the department shall have a meter and appropriate cross-connection control device installed by the property owner, upon approval by the director and the fire chief. Prior to making any modifications or alteration to the on-site fire service, a permit shall be obtained from the fire department. Upon written notification of the requirement to install a meter and cross-connection control device, the property owner shall have thirty calendar days to submit a plan of correction to the director. Failure to comply with this section shall subject the property owner to the penalties specified in Section 12.12.130.

(Ord. No. 841, § 3, 8-20-2015)

All connections to the city's water system shall have the appropriate cross-connection control device as required by regulations promulgated by CDPH and/or SWRCB and enforced by the department in accordance with Chapter 12.13, Cross-Connections, as amended or supplanted. These devices shall be from the approved and published list maintained by the University of Southern California (USC) or other list as approved by the director and shall be tested annually in accordance with the department's policies and procedures. Devices used on private fire services shall be listed for fire service use and maintained in accordance with state fire marshall regulations.

(Ord. No. 841, § 3, 8-20-2015)

Any activity in violation of this chapter will adversely and seriously affect the public health, safety and welfare, is hereby declared to be a public nuisance and may be remedied as provided in this chapter, any other applicable portion of the Yreka Municipal Code or applicable state law.

(Ord. No. 841, § 3, 8-20-2015)