O1490
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City Council Meeting 8-8-89
santa Monica, california
ORDINANCE NUMBER l490(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING CHAPTER 2A OF ARTICLE VII
OF THE SANTA MONICA MUNICIPAL CODE TO MAKE PERMANENT
EXISTING EMERGENCY WATER CONSERVATION MEASURES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 2A of Article VII of the Santa Monica
Municipal Code is amended to read as follows:
CHAPTER 2A - WATER CONSERVATION
SECTION 7240.
Findings.
The City
Council finds and declares:
(a)
The
State
of
California,
including the city of Santa Monica,
suffers from recurring severe drought
conditions and even during non-drought
periods
water
is
a
scarce
resource
throughout much of Southern California.
(b) An active water conservation
program within the City of Santa Monica is
essential to preserve water resources and
to reduce the risk and severity of water
shortages when drought occurs.
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(c) A water conservation plan
within the city of Santa Monica will
significantly reduce the consumption of
water, thereby extending available water
resources while minimizing the hardship
caused to the general public to the
greatest extent possible.
SECTION
Requirements.
conservation
all persons
Monica:
(a) Watering Hours. No lawn or
landscape area shall be watered between
the hours of 10: 00 a. m. and 4: 00 p.m. on
any day. This subsection shall not apply
to any drip irrigation system approved by
the Director of General Services or if the
Director of General services approves an
exemption for irrigation system
maintenance, leak repair, or new planting
and fertilization.
(b) Anti-Waste Measures. No person
shall use, permit, or allow water to be
7241. Water conservation
The following water
requirements shall apply to
within the city of Santa
used to:
(1) Wash, clean, or clear
walkways, patios, driveways, alleys, or
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parking areas I whether paved or unpaved
more than one time each week.
(2) Wash or clean any vehicle
incl uding , but not 1 imi ted to, any
automobile, truck, van, bus, motorcycle,
boat or trailer, whether motorized or
unmotorized, except by use of a hand held
bucket or similar container or a hose
equipped with a positive action, quick
release shut-off valve or nozzle. This
subsection shall not apply to any
commercial car washing facility.
(3) Excessively water any
lawn or landscape area, and water shall
not be permitted to run off lawns or
landscape areas onto any gutters, streets,
or alleys.
(4) Fill or maintain levels
in decorative fountains, ponds, lakes, or
displays unless a recycling system or sea
water is used.
(5) Leak from any exterior or
interior pipe, hose, or plumbing fixture
of any kind whatsoever.
(e) Excessive Water Usaqe. No
person shall waste water by causing it to
flow without any reasonable necessity for
its use from any interior or exterior
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pipe, hose, or plumbing fixtures of any
kind whatsoever.
(d) Eating Establishments. All
eating establ ishments of any kind
whatsoever including, but not limited to,
any restaurant, hotel, cafe, cafeteria,
bar, or club, whether public or private,
where food is served, shall provide
drinking water to any person only upon
receipt of an express request.
(e) Exceptions. The provisions of
this section are not applicable to the
uses of water which are necessary to
protect publ ic heal th and safety or for
essential governmental services, such as
police, fire, and other similar emergency
services.
SECTION 7242. Penalties. The Water
Division is authorized to enforce Section
7241 as follows:
(a) For the first failure to comply
with any provision of section 7241, the
Water Division shall issue to the affected
customer a written notice of the fact of
such failure to comply. The notice shall
include the following information:
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(1) A statement specifying
the violation committed.
(2) A statement of the
penalty for continued noncompliance.
(b) For each subsequent failure to
comply with any provision of Section 7241,
the Water Division may levy a surcharge of
Twenty Dollars ($20.00) or twenty percent
(20%) of the customer's water bill for the
previous billing periOd, whichever is
greater. Any statement informing a
customer of the assessment of a surcharge
shall include a notice setting forth the
hearing rights provided in subdivision (c)
below.
(c) Any customer assessed a
surcharge pursuant to subdivision (b) may
dispute the surcharge by requesting a
hearing within the time and manner set
forth in Municipal Code Section 6126,
provided that no hearing request shall be
deemed timely filed and no hearing shall
be held unless, within the time period to
request a hearing, the customer deposits
with the city Treasurer money in the
amount of any unpaid surcharge due under
this Section. If as a result of the
hearing it is determined that the
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surcharge was wrongly assessed, the city
shall refund any money deposited to the
customer. The decision of the Hearing
Examiner shall be final except for
judicial review and shall not be
appealable to the City council.
(d) It shall not be a defense to
the assessment of any surcharge or to any
other civil enforcement action provided
for under this Section for a customer to
assert that any violation of Section 7241
was caused by the actions of a person
other than the customer except if the
violation was caused by the criminal or
negligent action of a person who was not
an agent, servant, employee, or family
member of the customer.
(e) Any surcharge provided for
hereunder shall be added to subsequent
water billings until paid and when
collected by the Water Division shall be
deposi ted in the Water Operating Fund as
reimbursement for the Water Division's
costs and expenses of administration and
enforcement of this Chapter.
(f) The violation of this Chapter
shall constitute an infraction punishable
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by a fine not to exceed One Hundred
Dollars ($100.00).
(g) Pursuant to Penal Code section
836.5, the Water Conservation Coordinator
may arrest without a warrant any person
whenever the Coordinator has reasonable
cause to believe that the person to be
arrested has committed an infraction in
his or her presence which is a violation
of this Chapter. In any case in which a
person is arrested pursuant to this
Section, and the person arrested does not
demand to be taken before a magistrate,
the Water Conservation Coordinator shall
prepare a written notice to appear and
shall release the arrested person on his
or her promise to appear as provided for
in section 3606 of this Code.
SECTION 7243. Relief from
Compliance. The city Manager or his or
her designated representative may, in
writing, grant variances to persons who
apply on forms supplied by the City for
usages of water prohibited by section 7241
if it is found that such variance is
necessary
condition
to prevent an emergency
relating to health and safety I
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or extreme economic hardship, or if the
person seeking a variance has demonstrated
that he or she has implemented water
conservation measures in some other manner
that achieves the objectives of this
Chapter.
SECTION 7242. ci ty of Santa Monica
Voluntary Water Conservation Plan. In
addition to the water conservation
requirements of Section 7241, the city
Manager or his or her designate is
authorized to develop and promulgate a
voluntary water conservation plan which
shall be directed to achieve a reduction
in water consumption wi thin the city of
Santa Monica.
SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause,
or phrase of this ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city Council hereby
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declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The city Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
C1ty Attorney
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Adopted and approved this 8th day of August, 1989.
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I hereby certify that the foregoing Ordinance No. 1490(CCS}
was duly and regularly introduced at a meeting of the City
Council on the 25th day of July 1989: that the said Ordinance was
thereafter duly adopted at a meeting of the city Council on the
8th day of August 1989 by the following Council vote:
Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings,
Katz, Mayor Zane
Noes: Counci1members: None
Abstain: councilmembers: None
Absent: Councilmembers: Reed
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