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O1571 . e "-- CA:RMM:jld271jhpc City Council Meeting 2-26-91 Santa Monica, California ORDINANCE NUMBER 1571(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 RELATING TO WATER CONSERVATION MEASURES AND DECLARING THE PRESENCE OF AN EMERGENCY 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. Findinqs. 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 conversation program within the City of Santa Monica is - 1 - e e essential to preserve water resources and to reduce the risk and severity of water shortages when drought occurs. (c) An emergency has been caused by the drought conditions within the state of California and within the City of Santa Monica, and there is a threatened water shortage within the city of Santa Monica. The enactment of a water reduction plan as an emergency measure is necessary in order to preserve the publ ic peace, heal th, and safety. (d) An emergency water conversation plan is necessary to minimize the effect of the shortage of water within the city of Santa Monica and that such a plan will significantly reduce the consumption of water, thereby extending the available water required by the city of Santa Monica while minimiz ing the hardship caused to the general public to the greatest extent possible. SECTION 7241. Water Conservation Requirements. The following water conservation requirements shall apply to all persons within the City of Santa Monica: - 2 - It e ./ (a) Watering Days. No lawn or landscape area shall be watered more frequently than twice during any seven (7) day period unless reclaimed water is utilized as permitted by law. (b) 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 in writing an exemption for irrigation system maintenance, leak repair, or new planting of low water usage plants or if reclaimed water is utilized as permitted by law. (c) Anti-waste Measures. No person shall: (1) Wash, clean, or clear with water walkways, patios, driveways, alleys, or parking areas, whether paved or unpaved except by use of a hand held bucket or similar container or by use of a cleaning machine equipped to recycle any water used. In no event shall any water so used be - 3 - e . permitted to run off into streets, alleys or storm drains. (2) Wash or clean with water any vehicle, including but not limited 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 wi th a posi ti ve action quick release shut-off valve or nozzle. This subsection shall not apply to any commercial car washing facility which utilizes a recycling system to capture or reuse water. (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) Clean, fill, or maintain water levels in decorative fountains, ponds, lakes, or displays unless reclaimed water is used as permitted by law. permanent water. (5) Fill any hot tub, spa or swimming or wading pool with - 4 - e e (6) Cause, permit or allow water to leak from any exterior or interior pipe, hose, or plumbing fixture of any kind whatsoever. (d) Eating and Drinking Establishments. All eating and drinking establishments of any kind whatsoever including, but not limited to, any restaurant, hotel, cafe, cafeteria, bar, or club, whether public or private, shall only provide drinking water to any person 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 public health and safety or for essential governmental services, such as police, fire, and other similar emergency services. SECTION 7242. Water consumption Limits. (a) Effective April 1, 1991, no customer of water supplied by the city of Santa Monica shall use water or permit water to be used in an amount greater than seventy five percent (75%) of the amount used by the - 5 - e e customer during the same billing period in 1990. (b) The water consumption limits established in subsection (a) shall not be applicable to: (1) any single family residence where water consumption usage is at or below sixteen (16) billing units; (2) any multi-family residence where water consumption usage is at or below nine (9) billing units per dwelling unit; or (3) any non-residential consumer of water whose water consumption usage is at or below nine (9) billing units. (c) If no 1990 water consumption data is available for a City water customer's service address, the customer shall be provided a water consumption limit by the Director of General Services or his or her designee, who shall use 1990 water consumption rates of similar users, properties or businesses to calculate the customer's current consumption limits. (d) The City Council by Resolution is authorized to require further reductions - 6 - . . in the use of water than provided for in this section, if such reductions are necessary in order for the ci ty to comply with water use restrictions imposed by federal, state or regional water agencies. SECTION 7243. Excess Water consumption surcharge and Flow Restriction. Every customer of City supplied water who uses water or permits water to be used in excess of the amounts established in section 7242 shall be charged a surcharge for any excess water used as follows: (a) For the first occurrence of excess water used, four dollars ($4.00) per billing unit of excess water used. (b) For the second occurrence of excess water used, eight dollars ($8.00) per billing unit of excess water used. (c) For the third occurrence, sixteen dollars ($16.00) per billing unit of excess water used. (d) For the fourth or more occurrence, thirty two Dollars ($32.00) per billing unit of excess water used. Furthermore, if a customer has more than - 7 - e e ~~ three billing periods of excess water consumption usage, the Director of General Services may restrict the flow of water to the customer in addition to charging the customer for excess water usage as provided for in this subsection. In addition, the Director of General Services may require the customer to install appropriate low water using devices, appliances or plumbing fixtures as may be required to bring water consumption within the limits established by section 7242. If the customer continues to fail to comply with the provisions of Section 7242, the Director of General Services may commence water disconnection procedures. SECTION 7244. Pools and Spas. Effective April 1, 1991, no person shall be issued a building permit for the construction or remodeling of any pool, spa, decorative pond or fountain unless reclaimed water is utilized as permitted by law. SECTION 7245. Water consumption Limi ts and Fees tor Rew Development. Effective April I, 1991, no person shall be issued a building permit for any development project unless: - 8 - e e r (a) The development will not affect or alter any plumbing fixture; or (b) The development involves a single family residence and is not a substantial remodel as defined in Santa Monica Municipal Code section 9000.3 and will not increase by more than fifty percent (50%) the square footage of the principal building; or (0) The development involves a multi-family residence and is not a substantial remodel as defined in Santa Monica Municipal Code section 9000.3 and will not increase the number of dwelling units on the property; or (d) The person pays in advance a fee to the Director of General services sufficient to mitigate twice the estimated daily water consumption rate projected for the development, except that any person requesting a building permit for any low and moderate income housing development shall be required to pay a fee sufficient to mitigate only the estimated net increase in daily water consumption rate projected for the development. The City Council shall by - 9 - e e Resolution establish or amend any fee permitted by this section. SECTION 7246. Appeals. (a) Any customer assessed a surcharge or other penalty pursuant to this Chapter may claim that the surcharge was not properly assessed in accordance with the provisions of this Chapter by requesting a hearing within the time and manner set forth in Municipal Code Section 6072, 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 money in the amount of any unpaid bill, less the disputed surcharge amount, due under this Chapter. If as a result of the hearing it is determined that the surcharge was properly assessed, the customer shall pay any appl icable surcharge. The decision of the Hearing Examiner shall be final except for judicial review and shall not be appealable to the City Council. (b) It shall not be a defense to the assessment of any surcharge or to any other civil enforcement action provided for - 10 - It e under this section for a customer to assert that any violation of this Chapter 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, employee, or family member of the customer. (c) Any surcharge provided for hereunder shall be added to subsequent water billings until paid and when collected by the Water Division shall be deposited in the Water Operating Fund. SECTION Remedies. 7247. Penalties and (a) The violation of this Chapter shall constitute an infraction punishable by a fine not to exceed One Hundred Dollars ($100.00). Each day that a violation occurs shall constitute a separate offense. (b) In addition to any other surcharge or penalty as may be provided for in this Chapter, any customer who fails to comply with any provision of Section 7241 may be assessed a surcharge of Twenty Dollars ($20.00) or twenty percent (20%) of - 11 - e e the customer's total water bill for the most recent billing period, whichever is greater. (c) Pursuant to Penal Code section 836.5, the Conservation Coordinator or Water Conservation Inspector may arrest without a warrant any person whenever the Coordinator or Inspector 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 Conservation Coordinator or Water Conservation Inspector shall prepare a written notice to appear and shall release the arrested person or his or her promise to appear as provided for in Section 3606 of this Code. (d) Willful Misrepresentation. It shall constitute a misdemeanor punishable by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment for a period not to exceed six ( 6) months or both, for any person to knowingly misrepresent any material fact to any employee, agent or representative of the City in any attempt or - 12 - . . " effort to circumvent or otherwise diminish the effectiveness of any of the requirements imposed by any part of this Chapter. (e) A violation of any provision of this Chapter is declared to be a public nuisance and the city Attorney is authorized to abate such violation (s) by means of a civil action. ( f) established cumulative. The by penal ties and remedies the Chapter shall be SECTION 7248. Relief from compliance. The Director of General services or his or her designated representatives may, in writing, grant variances to persons who apply on forms supplied by the City for: (a) Usages of water prohibited by Section 7241 if it is found that a variance is necessary to prevent an emergency condition relating to health and safety, and 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. - 13 - e e (b) Usages of water in excess of the limits established by section 7242 if it is determined that the excess demand for water is caused by facts such as, but not limited to, illness, a change in use of the affected property, an increase in the size of a household, previous implementation of all feasible water conservation measures, changes in vacancy, increase in employment, plant size or production output or that there exists no feasible means available to comply with the limits established by Section 7242. (c) Any customer who has been assessed a surcharge pursuant to Section 7243 may request a variance pursuant to subsection (b) but must first pay in full the amount of any unpaid bill, less the disputed surcharge amount, prior to filing a variance application. The request for a variance must be filed within the time period established by Santa Monica Municipal Code Section 6072. If the variance appl ication is denied in whole or in part the customer shall be assessed the applicable surcharge. - 14 - e . / (d) No variance shall be granted to any customer unless the customer has demonstrated that he or she has already achieved the maximum practical reduction in water consumption as can be achieved by the affected property or business. Any variance granted shall be based upon the water consumption rates of similar water users, properties or businesses. (e) Any person denied a variance in whole or in part may appeal the denial to a three person variance review board establ ished by the ci ty Manager. Any such appeal shall be made in writing within ten (10) days of the denial on a form supplied by the City and shall be accompanied by the payment of any applicable fee. The variance review board may approve, modify or deny any variance request and may uphold, modify, or nullify any surcharge. The decision of the variance review board shall be final except for judicial review and shall not be appealable to the Ci ty council. The variance appeal board shall establish procedures for the processing and consideration of appeals. - 15 - e e v SECTION 7249. City of Santa Monica Voluntary Water Conservation Plan. In addition to the water conservation requirements of sections 7241 and 7242, 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 greater reduction in water consumption wi thin the City of Santa Monica. SECTION 7250. Duration of Ordinance. This Chapter shall remain in effect until the City Council declares by resolution that the emergency caused by the drought conditions have ended. The provisions of this Chapter can be reimposed upon a finding by resolution of the city council that emergency drought conditions have reoccurred. SECTION 7251. Fees. The city Council may, by resolution, establish fees for the filing, processing, or approval of any application, permit or variance provided for under this Chapter. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of - 16 - e e 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 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. - 17 - e e SECTION 5. This Ordinance is declared to be an emergency measure adopted pursuant to the provisions of City Charter Section 615 and is necessary for preserving the public peace, heal th, and safety for the reasons set forth in section 1. Pursuant to City Charter section 619 Cd), this Ordinance shall take effect and be in full force and effect immediately after the passage and adoption thereof. APPROVED AS TO FORM: ~ ~ va-- ROBERT M. MYERS City Attorney - 18 - , ~ . e Adopted and approved this 26th day of February, 1991. ~, ~~ Mayor I hereby certify that the foregoing Ordinance No. 1571(CCS) was duly and regularly introduced at a meeting of the city Council on the 26th day of Februay 1991; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 26th day of February 1991 by the following Council vote: Ayes: Councilmemhers: Genser, Olsen, Vazquez, Zane, and Mayor Abdo Noes: Councilmembers: Holbrook Abstain: Councilmembers: None Absent: Councilmembers: Katz ATTEST: '-