§ 14.04.450. Watering restrictions—Locations and hours of use—Suspension of nonemergency restrictions—Surcharge—Appeal process.

A.

Nonemergency watering restrictions. The director of public works and natural resources may implement nonemergency watering restrictions of domestic water used for garden, lawn or other exterior watering or sprinkling applications as the director finds necessary for the conservation, preservation and efficient management of the city's water resources and to maximize, to the extent practicable, the beneficial use of the city's water resources for its citizens. The watering frequency and schedule shall be determined by the director at time of implementation. Such restrictions shall apply to all water users on the city water system. Such restrictions, unless otherwise contemplated by emergency conditions, shall not apply to such water usage applied primarily in the course and conduct of a business activity or domestic watering applied by hand. The nonemergency watering restrictions may be implemented or suspended upon adoption and publication in a newspaper having general circulation in the city, of a resolution by the city council stating the effective date and duration of the restrictions.

1.

A water customer may make a personal application for a special permit for daily watering of new seed, new sod or xeriscape landscaping, notwithstanding applicable nonemergency restrictions, as follows:

a.

If the application is for daily watering of one-half acre or less for residential property, the director or director's designee should issue the permit. The director or designee may decide to withhold the permit as inconsistent with the purposes of the restrictions after considering the impact on the city's water resources, including but not limited to, the size of the area to be watered, the amount of water to be used, the type and severity of conditions prompting the watering restrictions and the public benefit. If drought conditions prompted the watering restrictions, the director or designee should also consider the then-current drought response plan, including the current and expected drought response levels.

b.

If the application is for more than one-half acre or other than residential property, the director or designee should not issue the permit. The director or designee may issue the permit if he determines that the permit is consistent with the purposes of the restrictions.

c.

If a special permit for daily watering is issued, it shall be for 35 days for new seed, or 21 days for new sod or xeriscape landscaping daily watering.

d.

For the purposes of this section, landscaping shall be considered xeriscape landscaping if it meets the standards set forth in subsection 15.05.040.C.3 of this Code.

e.

The director or designee may revoke permits prior to their expiration date if the permit terms are not complied with or if wasting of water occurs.

B.

Emergency watering restrictions. In the event of emergency conditions affecting the availability of treated water at any time, due to climatic conditions, plant breakdown, capacity of the water treatment plant, or otherwise, the city manager, or acting city manager in the city manager's absence, may declare a watering emergency and establish further restrictions or prohibitions for any exterior watering application. Such shall become effective upon publication in a newspaper of general circulation in the city, and shall remain in effect for 14 days unless sooner modified or rescinded earlier by supplementary orders, or modified or extended by resolution of the city council, which rescission, modification or extension shall become effective upon such publication.

C.

Special assessments for violation of mandatory watering restrictions. When a city representative observes violation of watering restrictions, the representative shall serve a written warning or notice of special assessment, specifically stating violations alleged, by any of the following methods: (1) personally on the water customer of record at that address; or (2) posting the warning or notice on the premises and mailing a copy by first class mail to the water customer of record at that address. Each day that a violation occurs shall constitute a separate violation. The city representative shall issue one written warning per calendar year to a customer for the first observed violation. The written warning shall include information about wise water practices. For violations after the written warning, the assessment for a single family, duplex or multi-family water tap for the first violation in any calendar year is $100.00; for a second violation in any calendar year, $300.00; and for third or additional violation in any calendar year, $500.00. After written warning, the assessment for a small commercial, large commercial or irrigation water tap for the first violation in any calendar year is $200.00; for a second violation in any calendar year, $600.00; and for a third or additional violations in any calendar year, $1,000.00. Unless timely appealed, the city shall include special assessments as additional charges on the customer's next water bill. For the purposes of this section, the term customer shall include homeowners associations or other entities obligated to maintain irrigation systems along city streets and the special assessment may be assessed against any property within the city owned by those entities. Nothing in this section shall restrict the city from otherwise seeking legal or equitable relief to secure compliance with watering restrictions.

(Code 1981, § 8-1-8; Code 1993, § 14.04.450; Ord. No. O-82-23, § 1; Ord. No. O-84-30, § 1; Ord. No. O-93-33, § 28; Ord. No. O-94-61, § 9; Ord. No. O-96-43, § 9; Ord. No. O-2002-51, § 2; Ord. No. O-2003-20, § 2; Ord. No. O-2005-61, § 1; Ord. No. O-2015-09, § 24, 1-27-2015; Ord. No. O-2018-31 , § 9, 8-14-2018)