HomeMy Public PortalAboutOrd. 1618ORDINANCE NO. 1618
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPLACING
SECTION 14 -11 (WATER CONSERVATION), OF CHAPTER 14, OF THE LYNWOOD
MUNICIPAL CODE IN ITS ENTIRETY
WHEREAS, the purpose of this ordinance is to modify water conservation
regulations and water shortage contingency measures consistent with the State law;
and
WHEREAS, California is entering its third consecutive year of drought; and
WHEREAS, the City's policy is to promote conservation and. efficient use of
water: and
WHEREAS, mandatory conservation will begin replacing voluntary efforts at the
local government level; and
WHEREAS, cities must begin implementing local efforts through partnerships,
ordinances, and tiered rate systems in order to meet pending state requirements and
qualify for much- needed funding through the Metropolitan Water District; and
WHEREAS, The Metropolitan Water District (MWD) Board of Directors has
adopted a policy requiring cities in its jurisdiction to have a water conservation
ordinance in place by June 30, 2009, as a prerequisite for funding through the Public
Sector Program (PSP) and Enhanced Conservation Program (ECP); and
WHEREAS, this ordinance has been determined to be Categorically Exempt
pursuant to Section 15308, Class 8 of the California Environmental Quality Act (CEQA);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 14 -11 (WATER CONSERVATION)
Sub Sections:
14 -11.1 Title.
14 -11.2 Findings.
14 -11.3 Declaration of Purpose and Intent.
14 -11.4 Definitions.
14 -11.5 Application.
14 -11.6 Permanent Water Conservation Requirements — Prohibition
Against Waste.
14 -11.7 Level 1 Water Supply Shortage.
14 -11.8 Level 2 Water Supply Shortage.
14 -11.9 Level 3 Water Supply Shortage — Emergency Condition.
14 -11.10 Procedures for Determination /Notification of Water Supply
Shortage.
14 -11.11 Level 3 Alternate Provisions.
14 -11.12 Hardship Waiver.
14 -11.13 Penalties and Violations.
14 -11.14 Severability.
Section 1. Section 14 -11 (Water Conservation), of Chapter 14 of the Lynwood
Municipal Code is replaced in its entirety to read as follows:
14 -11.1 Title.
This section will be known as the City of Lynwood Water Conservation and Water
Supply Shortage Program.
14 -11.2 Findings.
A. A reliable minimum supply of potable water is essential to the public
health, safety and welfare of the people and economy of the City of Lynwood and
Southern California region.
B. Southern California is a semi -arid region and is largely dependent upon
imported water supplies. A growing population, climate change, environmental
concerns, and other factors in other parts of the State of and western United States,
make the region highly susceptible to water supply reliability issues.
C. Careful water management that includes active water conservation
measures not only in times of drought, but at all times, is essential to ensure a reliable
minimum supply of water to meet current and future water supply needs.
D. Article Xl, Section 7 of the California Constitution declares that a City or
County may make and enforce within its limits all local, police, sanitary and other
ordinances and regulations not in conflict with general laws.
E. Article X, Section 2 of the California Constitution declares that the general
welfare requires that water resources be put to beneficial use, waste or unreasonable
use or unreasonable method of use of water be prevented, and conservation of water
be fully exercised with a view to the reasonable and beneficial use thereof.
F. California Water Code Section 375 authorizes water suppliers to adopt
and enforce a comprehensive water conservation program to reduce water consumption
and conserve supplies.
G. The adoption and enforcement of a water conservation and supply
shortage program is necessary to manage the City's potable water supply in the short
and long -term and to avoid or minimize the effects of drought and shortages within the
City. Such program is essential to ensure a reliable and sustainable minimum supply of
water for the public health, safety and welfare.
14 -11.3 Declaration of Purpose and intent.
A. The purpose of this section is to establish a water conservation and supply
shortage program that will reduce water consumption within the City of Lynwood
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 of Lynwood to avoid and minimize the effect and hardship of water
shortage to the greatest extent possible.
B. This section establishes permanent water conservation standards intended to
alter behavior related to water use efficiency for non - shortage conditions and further
establishes three levels of water supply shortage response actions to be implemented
during times of declared water shortage or declared water shortage emergency, with
increasing restrictions on water use in response to worsening drought or emergency
conditions and decreasing supplies.
14 -11.4 Definitions.
A. The following words and phrases whenever used in this chapter have the
meaning defined in this section:
1. "City" means the City of Lynwood.
2. 'Person" means any natural person or persons, corporation, public or private entity,
governmental agency or institution, or any other user of water provided by the City.
3. "Landscape Irrigation System" means an irrigation system with pipes, hoses, spray
heads, or sprinkling devices that are operated by hand or through an automated
system.
4. "Large Landscape Areas" means a lawn, landscape, or other vegetated area, or
combination thereof, equal to more than one (1) acre of irrigable land.
5. "Single Pass Cooling Systems" means equipment where water is circulated only one
to cool equipment before being disposed.
6. "Potable Water" means water which is suitable for drinking.
7. 'Recycled Water" means the reclamation and reuse of non - potable water for
beneficial use.
8. 'Billing Unit' means the unit of water used to apply water rates for purposes of
calculating water charges for a persons water usage and equals one hundred (100)
cubic feet or seven hundred forty -eight (748) gallons of water.
14 -11.5 Application.
A. The provisions of this section apply to any person in the use of any
potable water provided by the City.
B. The provisions of this section do not apply to uses of water necessary to
protect public health and safety or for essential government services, such as police,
fire and other similar emergency services.
C. The provisions of this section do not apply to the use of recycled water,
with the exception of subsection 14 -11.6 (A).
D. The provisions of this section do not apply to the use of water by
commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or
other vegetation intended for commercial sale.
E. This section is intended solely to further the conservation of water. It is not
intended to implement any provision of federal, state, or local statues, 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 any
storm water ordinances and storm water management plan.
14 -11.6 Permanent Water Conservation Requirements- Prohibition
Against Waste.
The following water conservation requirements are effective at all times and are
permanent. Violations of this subsection will be considered waste and an unreasonable
use of water.
A. Limits on Watering Hours: Watering or irrigating of lawn, landscape or other
vegetated area with potable water is prohibited between the hours of 9 a.m. and 6 p.m.
Pacific Standard Time on any day, except by use of a hand -held bucket or similar
container, a hand -held hose equipped with a positive self - closing water shut -off nozzle
or device, or for very short periods of time for the express purpose of adjusting or
repairing an irrigation system.
B. Limit on Watering Duration: Watering or irrigating of lawn, landscape or other
vegetated area with potable water using a landscape irrigation system or a watering
device that is not continuously attended is limited to no more than fifteen (15) minutes
watering per day per station. This part B of subsection 14 -11.6 does not apply to
landscape irrigation systems that exclusively use very low -flow drip type irrigation
systems when no emitter produces more than two (2) gallons of water per hour and
weather based controllers or stream rotor sprinklers that meet a 70% efficiency
standard.
C. No Excessive Water Flow or Runoff: Watering or irrigating of any lawn,
landscape or other vegetated area in a manner that causes or allows excessive water
flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is
prohibited.
D. No Washing Down Hard or Paved Surfaces: Washing down hard or paved
surfaces, including but not limited to sidewalks, walkways, driveways, parking areas,
tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or
sanitary hazards, and then only by use of a hand -held bucket or similar container, a
hand -held hose equipped with a positive self - closing water shut -off device or a low -
volume, high pressure cleaning machine equipped to recycle any water used.
E. Obligation to Fix Leaks, Breaks or Malfunctions: Excessive use, loss or escape
of water through breaks, leaks or other malfunctions in the water user's plumbing or
distribution system for any period of time after such escape of water should have
reasonable been discovered and corrected and in no event more than 3 days of
receiving notice from the City is prohibited.
F. Re- circulating Water Required for Water Fountains and Decorative Water
Features: Operating a water fountain or other decorative water feature that does not
use re- circulated water is prohibited.
G. Limits on Washing Vehicles: Using water to wash or clean a vehicle, including
but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether
motorized or not is prohibited, except by use of a hand -held bucket or similar container
or a hand -held hose equipped with a positive self - closing water shut -off nozzle or
device. This part G of subsection of 14 -11.6 does not apply to any commercial car
washing facility.
H. Drinking Water Served Upon Request Only: Eating or drinking establishments,
including but not limited to a restaurant, hotel, cafe, cafeteria, bar, club or other public
place where food or drinks are sold, served, or offered for sale, are prohibited from
providing drinking water to any person unless expressly requested.
I. Commercial Lodging Establishments Must Provide Option to Not Launder Linen
Daily: Hotels, motels, and other commercial lodging establishments must provide
customers the option of not having towels and linen laundered daily. Commercial
lodging establishments must prominently display notice of this option in each bathroom
using clear and easily understood language.
J. No Installation of Single Pass Cooling Systems: Installation of single pass
cooling systems is prohibited in buildings requesting new water service.
K. No Installation of Non -re- circulating in Commercial Car Wash and Laundry
Systems: Installation of no- re- circulating water systems is prohibited in new commercial
conveyor car wash and new commercial laundry systems.
L. Restaurants Required to Use Water Conserving Dish Wash Spray Valves: Food
preparation establishments, such as restaurants or cafes, are prohibited from using
non -water conserving dish wash spray valves.
14 -11.7 Level 1 Water Supply Shortage.
A. A Level 1 Water Supply Shortage exists when the City determines, in its sole
discretion, that due to drought or other water supply reductions, a water supply shortage
exists and a consumer demand reduction of up to 10% is necessary to make more
efficient use of water and appropriately respond to existing water conditions. Upon the
declaration by the City of a Level 1 Water Supply Shortage condition, the City will
implement the mandatory Level 1 conservation measures identified in this subsection.
The type of event that may prompt the City to declare a Level 1 Water Supply Shortage
may include, among other factors, a finding that its wholesale water provider calls for
extraordinary water conservation.
B. Additional Water Conservation Measures: In addition to the prohibited uses of
water identified in subsection 14 -11.6, the following water conservation requirements
apply during a declared Level 1 Water Supply Shortage:
1. Limits on Watering Days: Watering or irrigating of lawn, landscape or other
vegetated area with potable water is limited to three days per week on a schedule
established and posted by the City. During the months of November through March,
watering or irrigating of lawn, landscape or other vegetated area with potable water is
limited to no more than one day per week on a schedule established and posted by the
City. This provision does not apply to landscape irrigation zones that exclusively use
very low flow drip type irrigation systems when no emitter produces more than two (2)
gallons of water per hour. This provision also does not apply to watering or irrigating by
use of a hand -held bucket or similar container, a hand -held hose equipped with a
positive self - closing water shut -off nozzle or device, or for very short periods of time for
the express purpose of adjusting or repairing an irrigation system.
2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other
malfunctions in the water user's plumbing or distribution system must be repaired within
seventy -two (72) hours of notification by the City unless other arrangements are made
with the City.
3. Other Prohibited Uses: The City may implement other prohibited water uses
as determined by the City, after notice to customers.
14 -11.8 Level 2 Water Supply Shortage.
A. A Level 2 Water Supply Shortage exists when the City determines, in its sole
discretion, that due to drought or other supply reductions, a water supply shortage
exists and a consumer demand reduction of up to 15% is necessary to make more
efficient use of water and respond to existing water conditions. Upon the declaration by
the City of a Level 2 Water Supply Shortage condition, the City will implement the
mandatory Level 2 conservation measures identified in this subsection.
B. Additional Conservation Measures: In addition to the prohibited uses of water
identified in subsections 14 -11.6 and 14 -11.7, the following additional water
conservation requirements apply during a declared Level 2 Water Supply Shortage.
1. Watering Days: Watering or irrigating of lawn, landscape or other vegetated
area with potable water is limited to two days per week on a schedule established and
posted by the City. During the months of November through March, watering or
irrigating of lawn, landscape or other vegetated area with potable water is limited to no
more than one day per week on a schedule established and posted by the City. This
provision does not apply to landscape irrigation zones that exclusively use very low flow
drip type irrigation systems when no emitter produces more than two (2) gallons of
water per hour. This provision also does not apply to watering or irrigating by use of a
hand -held bucket or similar container, a hand -held hose equipped with a positive self -
closing water shut -off nozzle or device, or for very short periods of time for the express
purpose of adjusting or repairing an irrigation system.
2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other
malfunctions in the water user's plumbing or distribution system must be repaired within
forty -eight (48) hours of notification by the city unless other arrangements are made with
the City.
3. Limits on Filling Ornamental Lakes or Ponds: Filling or re- filling ornamental
lakes or ponds is prohibited, except to the extent needed to sustain aquatic life,
provided that such animals are of significant value and have been actively managed
within the water feature prior to declaration of a supply shortage level under this
ordinance.
4. Limits on Washing Vehicles: Using water to wash or clean a vehicle,
including but not limited to, any automobile, truck, van, bus motorcycle, boat or trailer,
whether motorized or not, is prohibited except by use of a hand -held bucket or similar
container, a hand -held hose equipped with a positive self - closing water shut -off nozzle
or device, by high pressure /low volume wash systems, or at a commercial car washing
facility that utilizes a re- circulating water system to capture or reuse water.
5. Limits on Filling Residential Swimming Pools and Spas: Refilling of more than
one foot and initial filling of residential swimming pools or outdoor spas with potable
water is prohibited.
6. Other Prohibited Uses: The City may implement other prohibitions on water
uses as determined by the City, after notice to customers.
C. Other Conservation Measures _at Level 2. The City, in its discretion and in
accordance with applicable laws, may implement the following conservation measures
for a Level 2 Water Supply Shortage in addition to those set forth in Subsection 14 -11.8
(B) above:
1. Water Allocations/ Water Budget: The City may establish a water allocation for
property served by the City using a method that does not penalize persons for the
implementation of conservation methods or the installation of water saving devices. The
City must provide notice of the allocation by including it in the regular billing statement
for the fee or charge 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.
Following the effective date of the water allocation as established by the City, any
person that uses water in excess of the allocation will be subject to a penalty in the
amount of $2.50 for each billing unit of water in excess of the allocation or an amount
established by the Resolution of City Council whichever is greater. The penalty for
excess water usage will be cumulative to any other remedy or penalty that may be
imposed for violation of this Ordinance.
2. Water Supply Shortage Rates: During a Level 2 Water Supply Shortage condition,
the City may increase water rates, other than Tier 1 Lifeline rates of 15 units per
residential household.
3. Mandatory Percentage Use Reductions: During a Level 2 Water Supply Shortage
condition, all customers will be required to reduce water consumption by a percentage
determined by the City.
14 -11.9 Level 3 Water Supply Shortage- Emergency Condition.
A. A Level 3 Water Supply Shortage condition is also referred to as an "Emergency"
condition. A Level 3 condition exists when the City declares a water shortage
emergency condition pursuant to California Water Code Section 350 and notifies its
residents and businesses that more than a 40% consumer demand reduction in
consumer demand is necessary to make more efficient use of water and respond to
existing water conditions to ensure sufficient supplies for human consumption,
sanitation and fire protection. Upon the declaration of a Level 3 Water Supply Shortage
Emergency condition, the City will implement the mandatory Level 3 conservation
measures identified in this subsection. The City must declare a Water Supply Shortage
Emergency in the manner and on the grounds provided in California Water Code
Section 350.
B. Additional Conservation Measures: In addition to the prohibited uses of water
identified in subsections 14 -11.6, 14 -11.7, and 14 -11.8, the following water conservation
requirements apply during a declared Level 3 Water Supply Shortage Emergency:
1. No Watering or Irrigating: Watering or irrigating of lawn, landscape or other
vegetated area with potable water is prohibited. This restriction does not apply to the
following categories of use unless the City has determined that recycled water is
available and may be lawfully applied to the use:
i. Maintenance of vegetation, including trees and shrubs, that are watered
using a hand -held bucket or similar container, hand -.held hose equipped
with a positive self - closing water shut -off nozzle or device, or a very low -
flow drip type irrigation system when no emitter produces more than two
(2) gallons of water per hour subject to the hour restrictions in subsection
14 -11.6 (A);
ii. Maintenance of existing landscape necessary for fire protection;
iii. Maintenance of existing landscape for soil erosion control;
iv. Maintenance of plant materials identified to be rare or essential to the well
being of rare animals:
V. Maintenance of landscape within active public parks and playing fields,
day care centers, school grounds, cemeteries, and golf course greens,
provided that such irrigation does not exceed two (2) days per week
according to the schedule established in subsection 14 -11.8 (B) (1) and
time restrictions in subsection 14 -11.6 (A) and (B)
vi. Public Works projects and actively irrigated environmental mitigation
projects.
2. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other
malfunctions in the water user's plumbing or distribution system must be repaired within
twenty four (24) hours of notification by the City unless other arrangements are made
with the City.
3. No new Potable Water Service: Upon declaration of a Level 3 Water Supply
Shortage Emergency condition, no new potable water service will be provided, no new
temporary meters or permanent meters will be provided, and no statements of
immediate ability to serve or provide potable water service (such as, will serve letters,
certificates, or letters of availability) will be issued, except under the following
circumstances:
a. A valid, unexpired building permit has been issued for the project; or
b. The project is necessary to protect the public's health, safety, and
welfare; or
c. The applicant provides substantial evidence of an enforceable
commitment that water demands for the project will be offset prior to the provision of a
new water meter(s) to the satisfaction of the City.
This provision does not preclude the resetting or turn -on of meters to
provide continuation of water service or the restoration of service that has been
interrupted for a period of one year or less.
d. Discontinue Service: The City, in its sole discretion, may discontinue
service to consumers who willfully violate provisions of this section.
e. Other Prohibited Uses: The City may implement other prohibited water
uses as determined by the City, after notice to customers.
14 -11.10 Procedures for Determination /Notification of Water Supply
Shortage.
A. Declaration and Notification of Level 1 and 2 Water Supply Shortage: The
existence of Level 1 and Level 2 Water Supply Shortage conditions may be declared by
resolution of the City adopted at a regular or special public meeting held in accordance
with State law. The mandatory conservation requirements applicable to Level 1 or Level
2 conditions will take effect on the tenth day after the date the shortage level is
declared. Within five days following the declaration of the shortage level, the City must
publish a copy of the resolution in a newspaper used for publication of official notices. If
the City establishes a water allocation, it must provide notice of the allocation by
including it in the regular billing statement for fees or charges for ongoing water service.
A water allocation will be effective on the fifth day following the date of mailing or at
such later date as specified in the notice.
B. Declaration and Notification of Level 3 Water Supply Shortage: The
existence of a Level 3 Water Supply Shortage Emergency condition may be declared in
accordance with the procedures specified in Water Code Sections 351 and 352. The
mandatory conservation requirements applicable to the Level 3 conditions will take
effect on the tenth day after the date the shortage level is declared. Within five days
following the declaration of the shortage level, the City must publish a copy of the
Resolution in a newspaper used for the publication of official notices. If the City
establishes a water allocation, it will provide notice of the allocation 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 or by any other mailing to the address to which
the City customarily mails the billing statement for fees or charges for ongoing water
service. A water allocation will be effective on the fifth day following the date of mailing
or at such later date as specified in the notice.
14 -11.11 Level 3 Alternate Provisions.
A. Commercial Car Wash Systems: Effective on January 1, 2011, all
commercial conveyor car wash systems must have installed and operational re-
circulating water systems, or must have secured a waiver of this requirement from the
City.
B. Large Landscape Areas- Rain Sensors: Large landscape areas, such as
parks, cemeteries, golf courses, school grounds, and playing fields, that use landscape
irrigation systems to water or irrigate, must use landscape irrigation systems with rain
sensors that automatically shut off such systems during periods of rain or irrigation
timers which automatically use information such as evapotranspiration sensors to set an
efficient water use schedule.
C. Construction Purposes: Recycled or non - potable water must be used for
construction purposes when available.
D No New Annexations: Upon the declaration of a Level 3 Water Supply
Shortage condition, the City will suspend consideration of annexations to its service
area. This subsection does not apply to boundary corrections and annexations that will
not result in any increased use of water.
E. Limits on Building Permits: The City may limit or withhold the issuance of
building permits which require new or expanded water service, except to protect the
public health, safety and welfare, or in cases which meet the City's adopted
conservation offset requirements.
F. Water Recycling Required if Alternative Available: The use of potable
water, other than recycled water, is prohibited for specified uses after the City has
provided to the customer an analysis showing that recycled water is a cost - effective
alternative to potable water for such uses and the customer has had a reasonable time,
as determined by the City Manager, to make the conversion to recycled water.
G. Water Recycling- New Service: Prior to the connection of any new water
service, an evaluation must be done by the City to determine whether recycled water
exists to supply all or some of the water needed and recycled water must be utilized to
the extent feasible.
H. City Conservation Reports: Upon request of the City Manager, City
Departments must prepare and submit quarterly reports on their water conservation
efforts. The reports will be consolidated by the City Manager and reported to the City
Council at a minimum of once a year.
I. Customer Water Conservation Reports: The City may, by written request,
require all commercial, residential and industrial customers using twenty five thousand
(25,000) or more billing units per year to submit a water conservation plan and to submit
quarterly progress reports on such plan. The conservation plan must include
recommendations for increased water savings, including increased water recycling
based on feasibility, and the reports must include progress to date on implementation of
such recommendations.
J. Reporting Mechanism- Hotline: The City will establish a water waste
hotline for residents to report violation of this chapter.
14 -11.12 Hardship Waiver
A. Undue and Disproportionate Hardship: if, due to unique circumstances, a
specific requirement of this section 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 or classes of water users, then the person
may apply for a waiver to the requirements as provided in this subsection.
B. 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 of five hundred
dollars ($500) or as established by the Resolution by the City Council whichever is
greater.
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 Director of Public Works 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:
i. That the waiver does not constitute a grant of special privilege inconsistent
with the limitations upon other residents and businesses;
ii. That because of special circumstances applicable to the property or its
use, the strict application of this section would have a disproportionate
impact on the property or use that exceeds the impacts to residents and
businesses generally;
iii. 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 section and will not be detrimental to the
public interest; and
iv. That the condition or situation of the subject property or the intended use
of the property for which the waiver is sought is not common, recurrent or
general in nature.
4. Approval Authority: The City Manager or the Director of Public Works
must act upon any completed application no later than ten (10) business 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 or Water Division Manager will be final.
14 -11.13 Penalties and Violations.
A. Misdemeanor: Any violation of this section may be prosecuted as a
misdemeanor punishable by imprisonment in the county jail for not more than thirty (30)
days, or by a fine not exceeding one thousand dollars ($1,000) or as established by
Resolution of the City Council whichever is greater, or by both.
B. Civil Penalties: Civil penalties for failure to comply with any provisions of
the Ordinance are as follows:
1. First Violation: The City will issue a written warning and deliver a copy of this
Ordinance by certified mail.
2. Second Violation: A second violation within the preceding twelve (12)
calendar months is punishable by a fine not to exceed one hundred dollars ($100) or as
established by Resolution of the City Council whichever is greater.
3. Third Violation: A third violation within the preceding twelve (12) calendar
months is punishable by a fine not to exceed two hundred and fifty ($250) or as
established by Resolution of the City Council whichever is greater.
4. Fourth and Subsequent Violations: A fourth and any subsequent violation is
punishable by a fine not to exceed five hundred ($500) or as established by Resolution
of the City Council whichever is greater
i. Water Flow Restrictor: In addition to any fines, the City may install
a services water flow restrictor device of approximately one gallon
per minute capacity for services up to one and one -half inch size
and comparatively sized restrictors for larger services after written
notice of intent to install a flow restrictor for a minimum of forty eight
(48) hours.
ii. Termination of Service: In addition to any fines and the installation
of a water flow restrictor, the City may disconnect and /or terminate
a customer's water service.
C. Cost of Flow Restrictor and Disconnecting Service: A person or entity that
violates this Ordinance is responsible for payment of the City's charges for installing
and /or removing any flow restricting device and for disconnecting and /or reconnecting
service per the City's schedule of charges then in effect. This charge for installing or
removing a flow restriction device will be set at one hundred dollars ($100) each or as
established by Resolution of the City Council whichever is greater. The charge for
installing and /or removing any flow restricting device must be paid to the City before the
device is removed. Nonpayment will be subject to the same remedies as nonpayment of
basic water rates.
D. Separate Offenses: Each day that violation of this Ordinance occurs is a
separate offense.
E. Notice and Hearing:
1. The City will issue a Notice of Violation by certified mail or personal delivery at
least ten (10) 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 (10) 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
Level condition.
14 -11.14 Severability.
If any subsection, sentence, clause or phrase in this section is for any reason
held invalid, the validity of the remainder of the section will not be affected. The City
Council hereby declares it would have passed this section and each subsection,
sentence, clause or phrase thereof, irrespective of the fact that one or more
subsections, sentences, clauses, or phases or is declared invalid.
Section 2. This Ordinance shall take effect thirty (30) days after its final
passage by the City Council.
Section 3. The City Clerk of the City of Lynwood is hereby directed to certify to
the passage and adoption of this Ordinance and to cause it to be published or posted as
required by law.
First read at a regular meeting of the City Council held on the 1st day of September,
2009 and adopted and ordered published at a regular meeting of said Council on the
15th day of September, 2009.
PASSED, APPROVED and ADOPTED this 15th day of September, 2009.
ATTEST:
4"kww�" -
Maria Quinonez
City Clerk
APPROVED AS TO FORM:
Fred Galante
City Attorney
Ma is T. Santillan
Mayor
Roger L. Hale
City Manager
APPROVED AS TO CONTENT:
G. Daniel Ojeda, P. .
Director of Public Works /City
Engineer
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
above and foregoing Ordinance was duly adopted by the City Council of the City of
Lynwood at its regular meeting held on the 15th day of September, 2009.
AYES: COUNCIL MEMBERS MORTON,
SANTILLAN
NOES:
ABSTAIN:
ABSENT: COUNCIL MEMBER FLORES
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
1§
COUNTY OF LOS ANGELES )
RODRIGUEZ, CASTRO AND
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City
Council,of said City, do hereby certify that the above and foregoing is a full, true and
correct copy of Ordinance No.1618 in my office and that said Ordinance was adopted
on the date and,by the-vote therein stated. Dated this 15th day of September, 2009.
Co�i
Maria Quinonez, City Clerk