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O1490 e e CA:RMM:jld270jhpc 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. - 1 - e e (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 - 2 - e - 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 - 3 - e e 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: - 4 - - e (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 - 5 - e e 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 - 6 - e e 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 - 7 - e e 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 - 8 - e e 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: ~'-.~ ROBERT M. MYERS C1ty Attorney - 9 - " e - Adopted and approved this 8th day of August, 1989. _tJll-t ') l~ 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 - '\. -- . -- ATTES'l;': _ . "- ~.- '" ~ - ~ .....-- --- FitY'-Cle..:r___ _