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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: -r~ b 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 • _ - away of_ ~_life_.for Lynwood.rwater :c_ustomers-,.van~_tha~_ c*wt.e-r.- s~_a-_,~_ -_~- -. ` ~ " - - .-~ ~"~~prec ous 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 -,•,_ _ -~_~~.~_~a_v-. •-.~,~cc Y.~.- .~ _-.::~a1al~:~t,~/ _~~)i1-i~iiJ'St:~ _ Ct11U i.il"OIl OI11~1"-_W1LY1 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. ~ , ~ ~ + . r ` ,'< 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 v_,- --------------- ----~mi-~~d--ta-:betu~~ei t~,he.:...hcaars -t5>:--00- p- m: =a~~d-._~-0-0 ;a.:m_,__ 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. - __ -. --- - - ~" 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. ~] . _ ,. . ;_ ;- 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 . _ _ _ _ _ _ _ - _ _ _. _ . .=a-~".2~ J .- t..V_:.% ~ _.y _. ~ . ~ z....- . 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. . ~,~ _ , rv ~ __ -,_ ~ ~.. 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. _ . , . - _ _ __._ _.w._ .~_ __ _ ~--- _ _..~.~ _ ____ - -- --- - ~.. _ _ `~ - 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. - ~ p ei '~ :.1h ... 14-11.9 °~ r' , `^ 1: 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 .-- -. _.,__~_.._-___ _ - tra-n-.~~nc~_ ,_1=.,_d~.zri n.g~~a-=s.~~~An,~(.:? ).y_._da~ ~.eriod.....c~.zr_~ n.g~ the..__,_ _ 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) °-day`'p@Y'1`Ut~'--a'nCl,_`.~Z O'~'i'S.3tcu-=d~Zlr''• Fig th°. _11''J;ir S ,.n f. -: Q.:-~'v-. _.. ,. 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 K Y .1 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 .-.~.~e ~~-_ ._ __~ - ~"" 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 - ~--- - -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 '1 r /r m rv L ` 1. ~ a 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. I_ s, J ., - t ' _ ~,- - , > .. ~ " ~ ~ ~ '^`~ ~ ~ n a- .- i. ~ a'' { .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: ~;u,~». B, i~»d~c. _ _'-iii' ~tit't~orrie ~... ---.` Y City Manager v57-310b ~* ~::~.