HomeMy Public PortalAboutOrd. 1394~ - ' 1. ..
ORDINANCE N0. 1394
AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING CHAPTER 14
OF THE CODE OF THE CITY OF LYNWOOD BY ADDING THERETO A
NEW SECTION 14-11 RELATING TO THE IMPLEMENTATION OF
WATER CONSERVATION MEASURES
THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 14 of the Code of the City of
Lynwood is hereby amended by adding a section, to be
numbered 14-11, to"%~;x> as follows:
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14-11.1 SHORT TITLE. This Ordinance shall be known and may be
referred to herein_ as_ they. Water- Conservat-ion• ;c~rdna-nce,~, ~.. __.~.- ~_,.,._-:,;~--Y..~ ~~
14-11..2 IMPLEMENTATION OF WATER CONSERVATION ORDINANCE.
The City Council is authorized to implement the provisions of the
Water Conservation Ordinance upon the determination that
a significant shortage in potable water supply is anticipated and
implementation of this section is necessary to protect the
public welfare and safety. The implementation of the
ordinance will occur upon the adoption of a resolution following
a public hearing by the City Council. Such a public hearing
shall be held to determine whether a water supply shortage
exists and which conservation measures provided within the
section shall be implemented.
` 14-11.3 GENERAL PROHIBITION. No person shall make, cause, use
or permit the use of water in the City of Lynwood in a manner
contrary to any provisions of this ordinance or an amount in
excess of that use permitted by any curtailment provisions then
in effect pursuant to action by the City Council in
accordance with the provisions of this section.
14-11.4 IMPLEMENTATION OF GENERAL WATER CONSERVATION PRACTICES.
The City Council finds that water conservation should become
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- away of_ ~_life_.for Lynwood.rwater :c_ustomers-,.van~_tha~_ c*wt.e-r.- s~_a-_,~_ -_~- -.
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resource
and should not be wasted even in times when
water supply meets normal demand.
' a. The following water conservation practices shall be
implemented when water supply meets normal demand as
declared by resolution of the City Council. The following
water use practices shall be maintained and no person
shall violate the same:
1) Decorative fountains, or other structures using
water for aesthetic purposes shall be shut off
unless such fixture operates on a recirculating system.
2)`No person shall permit leaks or waste of water.
All known leaks from indoor and outdoor plumbing
fixtures shall be repaired promptly.
b. The following conservation practices are ,suggested when
water supply meets normal demand:
1) The use of water to wash walkways, driveways,
parking areas a`nd other hard surfaces should occur only
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a hose equipped ~' with a positive shut off nozzle.
Excessive water runoff into gutters is discouraged.
2) Washing of vehicles and any other mobile
equipment should be done only with a bucket or a
hose equipped with a positive shut off nozzle for quick
rinses. Commercial car washes are exempt from this
provision.
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3) Voluntary water conservation field examinations,
herein referred to as water audits, are encouraged for
all Lynwood water customers.
4) The retrofit of water conserving devices,
including but not limited to ultra low flow toilets.
and low flow shower heads, is encouraged.
5) The installation of water efficient landscapes and
irrigation devices, such as drip irrigation an°d
moisture sensors, is encouraged.
14-11.5 IMPLEMENTATION OF VOLUNTARY PHASE WATER CONSERVATION PLAN
a. Measures instituted during a Voluntary Phase water
supply shortage may be declared by Resolution of the City
Council finding it necessary to conserve up to ten (10%}
percent of the City's water supply.
b. The following water conservation practices are
recommended during a Voluntary Phase water shortage:
1. All restrictions specified in subsection 14-11.4.
2. Water used to wash sidewalks,. driveways,
parking lots,. building exteriors, streets and
gutters should be minimized and should be limited to no
more than (2) times during a calendar month for the
protection of the public health. The hose should be
equipped with a positive shut off nozzle.
3. Drinking water should not be served at any
restaurant, motel, cafe, cafeteria or other public
eating establishment unless expressly requested.
4. Watering lawns and landscaped areas should be
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14-11.6 IMPLEMENTATION OF A PHASE I WATER CONSERVATION PLAN
a. Measures instituted during a Phase I water supply
shortage may be declared by Resolution of the City Council
when it finds it necessary to conserve ten percent (10~)
or more of the City's water supply.
b. The following restrictions on the use of water shall be
in effect during -.Phase I and any additional phase
implemented during the course of a water shortage and no
person shall fail to comply with the following:
1. All restrictions specified in subsection 14-11.5.
2. Water used to wash down driveways,. sidewalks,
parking lots, buildings exteriors, shall be limited to
no more than two (2) times during a calendar
month. The hose shall be equipped with a positive
shut off nozzle. Water used in this manner to protect
the public health is exempt from this provision.
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- - ~" c. - -Th`e fo`ll-owing-`water con`se'rvation practices are ~a-1~s~o
recommended during a Phase I water supply shortage:
1. Landscape irrigation is recommended during the
early morning hours for no more than 10 minutes
at a time. Irrigation should be avoided between the
hours of 9:00 a.m. and 5:00 p.m. Landscape
irrigation for commercial nurseries properties using
reclaimed water are also exempt from this provision.
Those properties using reclaimed water are also exempt
from this provision.
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2. Sprinklers shall be promptly adjusted to avoid
water run off from landscape and hardscape areas.
No person shall allow excess water runoff after
notice from the City to desist therefrom. Excess
water runoff is defined as water accumulation in the
street, gutters, neighboring properties or in other
amounts sufficient to cause a flow of water off of
landscape and hardscape areas.
14-11.7 IMPLEMENTATION OF PHASE II WATER CONSERVATION PLAN.
a. Measures instituted during a Phase II water supply
shortage may .be declared by resolution of the City~Council
- finding it necessary to conserve up to twenty (20~)
percents of . ahe City' s water supply . _ _ _ _ _ _ _ - _ _ _. _ .
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b. The following additional restrictions shall be in effect
during a Phase II water shortage:
1. All restrictions as specified in subsection 14-11.6..
2. Residential landscape shall be watered no more than
'three (3) times during a seven (7) day period for no
..,more than ten (10) minutes at a time during the
'months of June, July, August and September and
.prohibited during the hours of 9:00 a.m. and
5:00 p.m. Landscape irrigation shall be restricted to
twice (2) during a seven (7) day period for no more
than ten (10) minutes at a time during the months of
October, November, December, January, February, March,
April and May and prohibited during the hours of 9:00
a.m. and 5:00 p:m. ,
3. ..Irrigation of commercial nurseries and growers
shall be restricted to three (3) times in seven (7)
-days and prohibited between the hours of 9:00 a.m. and
6:00 p.m. Those properties using reclaimed water are
exempt from this provision.
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14-11.8 ,IMPLEMENTATION OF PHASE III WATER CONSERVATION PLAN.
a. Measures instituted during a Phase III water supply
shortage shall be declared by resolution of the City
.Council finding it necessary to conserve up to thirty
,(300) percent of the City's water supply.
.b. The following additional .restrictions shall be in
effect during a Phase III water shortage:
1. All restrictions specified in subsection 14-11.6.
. 2. Residential landscape shall be watered no more
than two (2) times during a seven (7) day period
..during the months of June, July, August and
.September -and prohibited during the hours of 8:00
a.m. and 8:00 p.m. Landscape irrigation shall be
restricted to once during a seven (7) day period
:during the months of October, November, December,
January, February, March, April and May and prohibited
during the hours of 9:00 a.m. and 5:00 p.m.
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`~ - 3. Irrigation of commercial nurseries and growers
shall be restricted to no more than three (3) times
during a seven (7) day period. Irrigation shall.
be prohibited during the hours of 9:00 a.m. and 4:00
p.m. Those properties using reclaimed water are
exempt from this provision.
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14-11.9
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IMPLEMENTATION OF PHASE IV WATER CONSERVATION PLAN.
a. Measures instituted during a Phase IV water supply
shortage shall be declared by Resolution of the City
Council finding it necessary to conserve up to forty
percent (40~) of the City's water supply.
b. The following additional restrictions shall be in
effect during a Phase IV water supply shortage:
1. All restrictions specified in subsection 14-11.6.
2. Residential landscape shall be watered no more
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months of June,' July, August, and September,
and prohibited during the hours of 8:OQ a.m. and
8:00 p.m. Landscape irrigation shall be restricted to
once (1) during a fourteen (14) day period during
the months of October, November, December, January,
February, March, April and May, and prohibited during
the hours of 9:00 a.m. and 5:00 p.m.
3. Irrigation of commercial nurseries and growers
shall be restricted to no more than twice (2) during
a seven (7) day period.' The irrigation shall be
prohibited during the hours of 9:00 a.m. and 4:00 p.m.
14-11.10 IMPLEMENTATION OF PHASE V WATER CONSERVATION PLAN
a. Measures instituted during a Phase V water supply
shortage shall be declared by Resolution of the City
Council finding it necessary to conserve up to fifty
percent (500) of the City's water supply.
b. The following additional restrictions shall be in
effect during a Phase V water supply shortage.
1. .All restrictions specified in subsection~l4-11.6.
2. Residential landscape shall be restricted to
watering only permanent trees and shrubs with a
hand carried bucket or drip irrigation system once (1)
during a seven (7 ). day period during the months of
June, July, August and September, and prohibited
during the hours of 8:00 a.m. and 8:00 p.m.
Landscape irrigation shall be restricted to watering
only permanent trees. and shrubs with a .hand
carried bucket or drip irrigation system once (1)
during the months of October, November, December,
January, February, Marche, April and May, and
prohibited during the hours .of 9:OO a.m. and 5:00 p.m.
A drip irrigation system shall be defined as an
irrigation system consisting of individual emitters
installed at permanent plantings with a capacity to
emit no more than one (1) gallon of water per hour of
operation.
3. Irrigation of commercial nurseries and growers
shall be restricted to once (1) during a seven (7)
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a.m. and 6:00 p.m. Those properties using
reclaimed water 'are exempt from this provision.
14-11.11 RELIEF FROM COMPLIANCE... Any person to whom this
ordinance applies may file for relief from any or all
provisions in this section.'` The Director of Public Works or
his designee shall develop and implement procedures
necessary to consider a customer's application for relief. No
relief shall be granted except upon proof of reasonable inability
to comply with the provisions of this section, or proof of
other reasonable conservation alternatives which will
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achieve conservation measures sought by this section, or
upon proof of substantial hardship outweighing the
benefits this section would otherwise provide.. Relief may
also be granted if any person can provide proof that the
implementation of the provisions in the ordinance herein
would be contrary to the water conservation objective due to
the existence of unusual circumstances. Commercial customers
shall submit a water conservation plan with the request for
relief. The decision of the Director of Public Works or his
designee shall be forwarded in writing no later than fifteen
(15) days after the receipt of the application for
relief unless additional time has been required. The decision
of the Director of ,Public. Works_ or -_his, designee. shahl_be.fi.nal
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__~ - ~"" unless written appeal to the- City Council setting forth the
grounds of appeal is filed with the City Clerk within thirty (30)
days of the mailing or delivery to said person of the written
decision of the Director of Public Works.
14-11.12 FAILURE TO COMPLY WITH MANDATORY- WATER CONSERVATION
MEASURES. Any person who fails to comply with any of the
mandatory water conservation measures imposed by the
implementation of this section shall be subject to an
improper water users fee or charge as hereinafter set forth:
a. The following charges are not imposed as a penalty but
as a charge for excessive or improper use of water. The
charges are necessary in order to recover the
reasonable cost of enforcement of the mandatory water
provisions and in order to obtain the goals of the water
conservation measures contained in this section:
(1) First Violation. The City of Lynwood shall issue
a written warning to the customer for the first
violation.
(2) Second and Third Violation. The City of Lynwood
-- ~- -. shall i~ssue-° .ate- wr'it~ten-- '"notice aridT:- assess an
improper water use fee of $25.00. If the fee is not
paid in full within fifteen (15) day of issuance
the amount will be added to the customer's bi-monthly
water bill.
(3) Fourth Violation.- The City of Lynwood shall
issue a written notice, charge an improper water use
fee of $75.00 and install a flow restricting device
on the customer's water service for a period of not
less than twenty-four (24) hours. Such flow
restricting device shall reduce water flow to one
(1) gallon per minute for metered services, one and
one half inch (1 1/2") or under. Similar devices
will be placed on larger meters. Th`e fee shall be
paid prior to the resumption of normal water service.
(4) Fifth Violation. The City of Lynwood shall issue
a written notice, charge an improper water use fee of
$75.00 and install a flow restricting device on the
customer's water service for a period of not less than
forty-eight (48) hours. Such flow restricting
device shal_ 1 _reduc_e, _ ~wa.ter f1.4w =_tn~Y,,~no~.( a_...,~n~_l'.or
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- -per minute for the metered service, one and one-half
inch (•1 1/2") or under. A similar device shall be
placed on larger meters. The fee shall be paid prior
to resumption of normal water services.
b. Notification of Violation. Notice of violation shall be
given in writing in one of the following methods:
1. Personal delivery of the notice to the customer.
2. If the customer is absent from or unavailable at the
premises at which the violation occurred, the notice
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can be left with a responsible person at the
premises and a copy mailed to the customer at the
billing address..
3. If a respons_i;ble ~.,_"> person is not available at the
premises at which the violation occurred, then the
notice can be affixed in a conspicuous place on the
premises and a copy mailed to the customer at the
billing address.
Notification shall include a description of the facts in
regard to the violation,. a statement of the possible
- - _- -- -- -.- -p?na.lti es._for --each. -._u_ i.o.l_at.ion.~ _~n.d-_. _t.hP _ statement__ _of the
customer's right to.a hearing on the merits o.f the
violation as stated in Section I.
14-11.13 HEARING FOR VIOLATIONS. Any customer receiving a
fourth (4) or subsequent violation notice shall be
entitled to a hearing with the Director of Public Works or his
designee within fifteen (15) days of delivery of the violation
notice. The following steps. shall be taken to process a request
for a hearing:
1. The customer shall provide a written request for a
hearing. A prompt request for hearing shall
automatically stay installation of a flow restricting
device or shut off on the customer's water service until the
decision is rendered by the Director of Public Works or
his designee.
2. The customer's request for a hearing shall not stay the
imposition of a fee. If it is determined that a fee is
wrongly assessed, the City will refund any fee paid by the
customer.
3. The. decision_ of the_Director of Public Works or his
designee shall be fii~iaT-~ excep`t for`"judicial review. Any and
all measures of the provisions stated herein shall be
implemented throughout judicial appeal process.
14-11.14 ADDITIONAL WATER CONSERVATION MEASURES. The City
Council may order implementation of further water
conservation measures in addition to those set forth in this
Section. Such measures shall be instituted by the City Council
with the adoption of a resolution.
14-11.15 PUBLIC HEALTH AND SAFETY SHALL NOT BE AFFECTED.
No provisions of this section shall be construed to require the
City to curtail the supply of water to any customer when such
water is required by that customer to maintain an adequate level
of public health and safety.
14-11.16 VIOLATION A MISDEMEANOR. Notwithstanding any
provision of this Code to the contrary, the provisions of
Section 377 of the California Water Code shall be applicable to
any violation of the provis-ions of Section 14-11. No person
shall violate any requirements of this section or any resolution
ad opted _N=a-rsuar~t-- trer:av~` : - Any F,e.~ s_ca ~~.iol.ating any. of the_
provisions of Section 14-11, or any Resolution adopted
pursuant thereto, or failing to comply with any of the
mandatory requirement's of Section 14-11, or any of the
Resolutions adopted pursuant the`r`eto;°_;~;>shall be guilty of a
misdemeanor. U on conviction thereof such
p person shall be
punished by imprisonment in the County jail for a period not
exceeding six (6) months or by a fine not exceeding
$1,000.00, or both such fine and imprisonment.
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.SECTION 2. This ordinance shall be adopted to conserve a
-natural resource and therefore is categorically exempt from
the provisions of the California Environmental Quality Act
(CEQA)•
SECTION 3. The City Council hereby declares it would
have passed the ordinance sentence by sentence, paragraph by
paragraph, and section by section, and does hereby declare the
provisions of this ordinance are severable and, if for any
reason any section of this ordinance should be held invalid,
such decision shall not affect the validity of the remaining
parts of the ordinance.
,~ SECT.IO,N 4. 1 hA _
_- _ _ The" City _~ C.1_erk _ _ sha.l_ _ certify ._,_-._to _._,.~_t
~`-"" ~ passage 3 nYd adoption of ytYi"is Ordinance, and "shall cause this
Ordinance to be published or posted as required by law..
INTRODUCED this 7th day of June 1994
SIGNED, APPROVED AND ADOPTED THIS 21st` DA F une
1994.
PAUL H. RICHARDS II, Mayor
City of Lynwood
ATTEST:
~.~.~Ls f
ANDREA H. HOOPER, ity Clerk
.City of Lynwood _
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CTTY OF LYNWOOD )
_~_. _ . _ r~ - I y -ol---Zynwood; -,,----,- . _ _w
--_ ~ ~., -_I ,.- ANDREA- HOJ??~~-~__ C~t~ ~~lerk~ of t'le -C~_ -~ - -
California, do hereby certify that the foregoing ordinance was
duly and regularly adopted, passed and approved by the City
Council of the City of Lynwood , California, at a regular meeting
of said City Council held a the regular meeting place thereof on
the ~1~t day of ~~~~nP 1994 by the following vote:
AYES: COUNCILMEMBER BYRD, HEINE, REA, RICHARDS
NOES : COUNCILMEMBER HENNING
ABSENT: NONE
EXCUSED.:
Dated this .21st day of
994.
ea Hooper, City C
Approved as to form:
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City Manager
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