HomeMy WebLinkAboutCC Ord 1331 1991-03-11
ORDZNANCE NUMBER
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AN ORDZNANCE OF THE CITY OF SEAL BEACH ADDZNG
CHAPTBR 26A OF THE SEAL BIACH KONZCZPAL CODB
TO CONSERVE THE AVAZLABLE WATBR SUPPLY AND
TO PROTECT THE PUBLIC WELFARB AND SAFETY
THE CITY COONCn OF THB CITY OF SEAL BIACH DOES ORDAIN AS FOLLOWS:
SBCTXON 1. That Chapter 26A is hereby added to the Seal Beach
Municipal Code to read as follows:
CONSERVATION OF PUBLZC WATER SUPPLY
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ARTZCLE 1, GENERAL PROVZSIONS
Section 26A-1. purpose,
The purpose of this Article is to prevent the waste or
unreasonable use of water and to provide a mandatory water
conservation plan during a proclaimed water shortage. Because of
the water supply conditions prevailing in the city and in the area
of this state from which the City obtains a portion of its supply,
the general welfare requires that the conservation of such water be
practiced for the benefit of the people of the City and for the
public welfare.
Section 26A-2. Authorilation,
The Director of Public Works is authorized and empowered to
enforce and administer the provisions of this chapter,
Section 26A-3. Public Health and safety not to be Affected.
Nothing in this chapter shall be construed to require the I
department 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,
Section 26A-4. Environment.
This chapter and the actions hereafter taken pursuant
thereto are exempt from the provisions of the California
Environmental Quality Act of 1970 as a project undertaken as
immediate action necessary to prevent or mitigate an emergency
pursuant to Section 507(C) of the State EIR Guidelines,
ARTICLE 2. DBFZNZTZONS
Section 26A-S. Phasing.
Phasing shall refer to the City Council action of declaring
water conservation Phase I, II, III or IV by resolution.
ARTICLE 3. GENERAL PROHIBITIONS
Section 26A-6, Leaks,
All customers shall repair all leaks from indoor and outdoor
plumbing fixtures.
Section 26A-7. Runoff,
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No customer shall cause or allow water to run off landscape
areas into adjoining streets, sidewalks, or other paved surfaces
due to incorrectly directed or maintained sprinklers, or excessive
watering,
Section 26A-8. Washing of Vehicles and Equipment.
Washing of motor vehicles, trailers, boats and other types
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Ordinance Number ~~
of mobile equipment shall be, done only with a hand-held bucket or
a hose equipped with a positive shutoff nozzle for quick rinses,
except that washing may be 'done at the i1l\lllediate premises of a
commercial car wash.
ARTl:CLE ... RBGULATJ:ONS GOVERNl:NG WATER CONSERVATl:ON PHASES
Section 261.-9. Determination of conservation Phase.
The city council shall make findings of shortage and declare
the applicable water conservation phase by resolution.
Seotion 261.-10. Water Conservation Phase 1.
PHASE 1 - VOLUNTARY COMPLIANCE - WATER WATCH. PHASE 1
applies during periods when the possibility exists that the
city will not be able to meet all of the demands of its
customers, During PHASE 1, all elements of PHASE 2 shall
apply on a voluntary basis only.
PHASE 2 - MANDATORY COMPLl:ANCE - WATER ALERT. PHASE 2 applies
during periods when the probability exists that the City will
not be able to meet all of the water demands of its customers.
During PHASE 2, the following water conservation measures
shall apply except when reclaimed water is used:
Lawn watering and landscape irrigation, including
construction meter irrigation, is permitted only on
designated irrigation days and only between the hours of
6:00 p.m. and 6:00 a.m. the following morning. watering
is permitted at any time if a hand-held hose equipped
with a positive shut-off nozzle is used, a hand-held
facet-filled bucket of five (5) gallons or less is used,
or a drip irrigation system is used. A "designated
irrigation day" is determined by the last digit of the
street address. Broperties with addresses ending in an
even number may use water on even numbered days and
addresses ending in an odd number may use water on odd
numbered days, '
2, Agricultural users' and commercial nurseries as defined in
the Metropolitan Water District Code are exempt from the
PHASE 2 irrigation restrictions, but will be required to
curtail all non-essential water use. The watering of
livestock and irrigation of propagation beds are
permitted at any time.
1,
Washing of autos, trucks, trailers, boats, airplanes and
other types of mobile equipment is prohibited except on
designated irrigation days between the hours of 6:00 p.m.
and 6:00 a,m. the fOllowing morning. Such washing, when
allowed, shall be done with a hand-held bucket or a hand-
held hose equipped with a positive shut-off nozzle for
quick rinses. Washing is permitted at any time on the
immediate premises of a c01l\lllercial car wash. Further,
such washings are exempted from these regulations where
the health, safety and welfare of the public is
contingent upon frequent vehicle Cleaning such as garbage
trucks and vehicles used to transport food and
perishables.
Filling or refilling swimming pools, spas, ponds, and
artificial lakes: is permitted only on designated
irrigation days between the hours of 6:00 p.m. and 6:00
a.m, the following morning.
5, Watering golf oourses, parks, schools, grounds and
recreational fields is permitted only between the hours
of 6:00 p.m. and 6:00 a.m. the following morning, except
golf course greens.
3.
4.
Ordinance Number 1.3~/
6. The use of water from fire hydrants shall be limited to
fire fighting and related activities, for construction
activities, or other activities necessary to maintain the
health, safety and welfare ~f the pUblic.
7. Water shall not be used to wash down sidewalks',
driveways, parking areas, tennis courts, patios or other
paved areas, except to alleviate immediate fire or
sanitation hazards.
8.
Restaurants shall not serve water to their customers
except when specifically requested.
The operation of any ornamental fountain or similar
structure is prohibited.
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9.
PHASE 3 - MANDATORY COMPLIANCE - WATER WARNING. PHASE 3
applies during periods when the City will not be able to meet
all of the water demands of its customers. During PHASE 3,
the following water conservation measures shall apply except
when reclaimed water is used:
2.
1. Lawn watering and landscape irrigation, including
construction meter irrigation, is permitted only on
designated irrigation days and only between the hours of
10:00 p.m. and 6:00 a,m, the following morning. A
"designated irrigation day" is determined by the last
digit in the street addresses, Properties with addresses
ending in an even number may use water On even numbered
days and addresses ending in an odd number may use water
on odd numbered days.
Agricultural users and commercial nurseries shall use
water only between the hours of 6:00 p.m, and 6:00 a,m,
the following morning. The watering of livestock and
irrigation of propagation beds are permitted at any time.
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3, Washing of autos, trucks, trailers, boats, airplanes and
other types of mobile equipment is prohibited. Washing
is permitted at any time on the immediate premises of a
commercial car wash. The use of water by all types of
commercial car washes not using partially reclaimed or
recycled water shall be reduced in volume by 20%.
Further, such washings are exempted from these
regulations where the health, safety and welfare of the
public is contingent upon frequent vehicle cleaning such
as garbage trucks and vehicles used to transport food and
perishables.
4, Filling or refilling swimming pools, spas, ponds, and
artificial lakes is permitted only On -designated
irrigation days between the hours of 10:00 p.m. and 6:00
a.m. the following morning.
5. Watering golf courses, parks, schools, grounds and
recreational fields is permitted only between the hours
of 10:00 p.m. and 6:00 a.m. the following morning, except
golf course greens,
The use of water from fire hydrants shall be limited to
fire fighting and related activities, or other activities
necessary to maintain the health, safety and welfare of
the public.
7. Water shall not be used to wash down sidewalks,
driveways, parking areas, tennis courts, patios or other
paved areas, except to alleviate immediate fire or
sanitation hazards,
6.
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8. Restaurants shall not serve water to ,their customers
except when specifically requested,
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Qrdinance Number l,;i~/
9, The operation of any ornamental fountain or similar
structure is prohib~ted.
10. New construction meters or permits for unmetered service
will not be issued. Construction water shall not be used
for earth work or road construction purposes.
PHASB .. - MANDATORY COMPLIANCE - WATBR EMBRGBNCY. PHASB ..
applies when a major failure of any supply or distribution
facility, whether temporary or permanent, occurs in the water
distribution system of the state Water Project, Metropolitan
Water District, San Diego County Water Authority, or City
facilities. During PHASB .., the following water conservation
measures shall apply except when reclaimed water is used:
1. All outdoor irrigation of vegetation is prohibited.
2. Use of water for agricultural or commercial nursery
purposes, except for livestock watering, is prohibited,
3. Washing of autos, trucks, trailers, boats, airplanes and
other types of mobile equipment is prohibited. Washing
is permitted at any time upon the immediate premises of
a commercial car wash. The use of water by all types of
commercial car washes shall be reduced in volume by 50%.
Further, such washings are exempted from these
regulations where the health, safety and welfare of the
public is contingent upon frequent vehicle cleaning such
as garbage trucks and vehicles used to transport food and
perishables.
4. Filling, refilling or adding of water to swimming pools,
spas, ponds and artificial lakes is prohibited.
5.
Watering of all golf course areas, except greens, is
prohibited, Watering of parks, schools, grounds and
recreation fields is prohibited with the exception of
plant materials classified to be rare, exceptionally
valuable, or essential to the well being of rare animals.
6. The use of water from fire hydrants shall be limited to
fire fighting or related activities necessary to maintain
the health, safety and welfare of the public.
7. Water shall not be used to wash down sidewalks,
driveways, parking areas, tennis courts, patios or other
paved areas, except to alleviate immediate fire or
sanitation hazards,
8, Restaurants shall not serve water to their customers
except when specifically requested.
9. The operation of any ornamental fountain or similar
structure is prohibited.
10, New construction meters or permits for unmetered service
will not be issued. Construction water shall not be used
for earth work or road construction purposes.
11, The use of water for commercial manufacturing or
processing purposes shall be reduced in volume by 50%,
12. No water sha!l be used for air conditioning purposes,
Section 26A-ll, Implementation of Water Conservation Phases.
.
(a) Each month the department shall monitor and
evaluate the demand for water by customers and the
projected available supply. Upon determination of
potential or actual water shortage, the Director of
Public Works shall recommend to the city Council
the extent of the conservation phase required by
Ordinance Number /~?JI
customers in order for the department to prudently
supply water to customers.
(b) The City Council shall make findings of shortage
and declare the conservation phase by resolution.
said resolution shall specify the start date of the
conservation phase. The resolution shall be
published once in a daily newspaper of general
circulation within the City and shall become
effective immediately upon such publication.
(c) The provisions of Chapter 26A requiring curtailment I
in the use of water shall be effective the first
full billing period commencing on or after the date
of such publication.
section 26A-12. Exclusivity of Penalties,
Notwithstanding any other provision of the Seal Beach
Municipal Code, the penalties set forth in this chapter shall
be exclusive and not cumulative with any other section of this
Code.
Section 26A-13. Enforcement of Water Conservation Phases.
Violation by any customer of this Chapter shall be penalized
as follows:
(a) First violation. The Director of Public Works or
his designee shall issue a written notice of the
fact of a first violation to the customer.
(b) Second violation. For a second violation during
anyone proclaimed water shortage, the Director of
Public Works or his designee shall 1mpose a
surcharge in an amount equal to fifteen percent
(15%) of the customer's water bill,
(c) Third and Subsequent Violations, For a third and
each subsequent violation during anyone proclaimed
water shortage, the Director of Public Works or his
designee shall install a flow restricting device of
one (1) gallon per minute capacity for services up
to one and one-half (1-1/2) inch size, and
comparatively sized restrictors for larger
services, on the service of the customer at the
premises at which the violation occurred for a
period of not less than forty-eight (48) hours.
The department shall charge the customer the
reasonable costs incurred for installing and for
removing the flow-restricting devices and for
restoration of normal service, The charge for
installing and removing a flow restricting device,
and any other penalties or charges due City from
customer, or due from any person who has applied
for water service, shall be paid before normal
service can be restored,
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section 26A-l~. Relief from Compliance,
(a) A customer may file an application for relief from I
any provision of this section. The Director of
Public Works shall develop such procedures as
necessary to determine such application and shall,
upon the filing by customer of an application for
relief, take such steps as reasonably necessary to
determine the application for relief.
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Ordinance Number ~~~)
(b) The C\pplicatio~ for relief may include a request
that the customer be relieved, in whole or in part,
from the water use curtailment provisions of
Chapter 26A,-and shall contain the basis for such
request.
(c) In determining whether to grant relief, and the
nature of any relief, the Director of pUblic Works
shall take into consideration all relevant factors
including, but, not limited to:
(1) Whether any additional reduction in water
consumption will result in unemployment;
(2) Whether additional members have been added,to
the household;
(3) Whether any additional landscaped property has
been added to the property since the
corresponding billing period of the prior
calendar year;
(4) Changes in- vacancy factors in mUlti-family
housing; ,
(5) Increased number of employees in commercial,
industrial, and governmental offices;
(6) Increased prOduction requiring
process water;
increased
(7) water uses during new construction;
(8) Adjustments to water use caused by emergency
health or safety hazards;
(9) First fi~ling of a permit-constructed swimming
pool; and
(10) Water use necessary for reasons related to
family illness or health.
(d) In order to be considered, an application for
relief must be filed with the department within
fifteen (15) days from the date of publication of
the resolution from which relief is sought, No
relief shall be granted unless the customer shows
that he has achieved the maximum practical
reduction in water consumption other than in the
specific areas in which relief is being sought. No
relief shall be granted to any customer who, when
requested by the department, fails to provide any
information necessary for resolution of the
customer's application for relief,
,
(e) The decision of the Director of Public Works shall
be final.
Section 26A-15. Notice of violation.
The Director of Public Works or his designee shall give notice
of violation to the customer committing the violation as
follows'
(a) Notice of viciation of the water use curtailment of
Chapter 26A shall be given in writing in the
following manner:
(1) by giving the not1ce to the customer
personally; or
Ordinance Number ~I
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(2) if the customer is absent from or unavailable
at the premises at which the violation
occurred, by leaving a copy with some person
of suitable age and discretion at the premises
and sending a copy through the regular mail to
the address at which the customer is normally
billed; or
(3) if a person of suitable age or discretion
cannot be found, then by affixing a copy in a
conspicuous place at the premises at which the I
violation occurred and also sending a copy
through the regular mail to the address at
which the customer is normally billed.
(b) The notice shall contain a description of the facts
of the violation, a statement of the possible
penalties for each violation and a statement
informing the customer of his right to a hearing on
the merits of the violation.
section 26A-16. Bearing Regarding violation.
(a) Any customer receiving a notice of a second or
subsequent violation shall have a right to a
hearing by the Director of Public Works or his
designee provided that a written request for
hearing is filed within fifteen days from the date
of the notice of violation and the customer
deposits with the city a sum equal to the billed
surcharge and pays all other outstanding water
charges.
(b) The customer's" timely written request for a hearing
shall automatically stay installation of a low-
restricting device on the customer's premises until I
the department renders a decision.
(c) If it is determined that the surcharge was wrongly
assessed, the City will refund any money deposited
to the customer.
(d) The decision of the Director of public Works or his
designee shall be final.
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SECTION 2: If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of the ordinance. The City Council of the city
of Seal Beach hereby declares that it would have adopted this
ordinance and each sentence, clause, phrase or portion thereof
irrespective of the fact that anyone or more sentence, clause,
phrase or portions be declared invalid or unconstitutional.
SBCTXON 3: Neither the adoption of this Ordinance nor the repeal
hereby of any ordinance shall in any manner affect the prosecution
for violation of ordinances, which violations were committed prior
to the effective date hereof, nor be construed as affecting any of
the provisions of such ordinance relating to the collection of any I
such license or penalty or the penal provision applicable to any
cash deposit in lieu thereof, required to be posted, filed or
deposited pursuant to any ordinance and all rights and obligations
thereunder appertaining shall continue in full force and effect.
PASSED, APPROVED AND A
sea~~eAch, California,
f!!- day of
,
City Council of the city of
meeting thereof held on the
, 1991.
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Mayor
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ATTEST:
Ordinance Number J:5~ /
.
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
)
) SS
)
I, Joanne M, Yeo, city Clerk of the city of Seal Beach, California
do hereby certify that.~e ~oregoing ordinance is the original copy
of Ordinance Number ~.3 on file in the office_2.t the City
Cl k introduced at a meeting held on the ~ day of
91, and passed, approved and adopted by the
of Seal Beach at a meeting thereof held on
, 1991 by the following vote:
AYES:
NOES:
and do hereby further certify that Ordinance Number J~~I has
been published pursuant to the Seal Beach City ~ and
Resolution Number 2836.
Ordinance Number J'~~/
PROOF OF PUBLICATION
(2015.5 C,C,P.)
STATE OF CALIFORNIA,
County of Orange
This space for for the County Clerk's
Filing Stamp
I
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I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matler.
I am the principal clerk of the printer
of the SEAL BEACH JOURNAL. a
newspaper of general circulation,
printed and published weeklv In the
City of Seal Beach, County of Orange
and which newspaper has been
adjudged a newspaper of general
circulation by the Superior Court of
the County of Orange, State of
California, under lhe date of 2/24n5,
Case Number A82583; that the notice
of which the annexed is a printed
copy (set In type not smaller than
nonpareil), has been published in
each regular and entire Issue of said
newspaper and not in any supplement
thereof on the following dated, to-wit:
111 r:! I L..lt 1-;
all In the year 19jiL.
Proof of Publication of
PUBLIC NOTICE/Summary Ordinance
............................ .
/- /,' I ~
.C).J.H1} ,t'.7"~'!J . (..vJc4',I1{1''!';J.. . /f';>; . I 3.:f (
SUMMARY
0IIlIWICE1&J1I8ER1331 .
WATBlt:oNmM.11ON
I certify (or declare) under penalty of
perjury that the foregoing Is true and
correct.
Ordinance Number 1331 01 the
CIty 01 Seal Beach, lidding ChIp-
, lIlr 26A 111 lie Code 01 the Cly 01
, Seal Beac:h, lor the plIJlOI8 01 pI8-
venIIng the wasle or _lIIblB
UII 01 waler and 10 provide a
mandmy waIar COIISllIVlIlIcn plan
dll'ing a proclaimed walllr short.
age, was InlnxIuced at lie raguIBr
CIty CouncU meeting 01 February
25, 1991. FIraII88ding 01 Ordl.
nanca I<<lmber 1331 was approwed
Irt Ile tlIawIng \'IlII: I
AYES: Fonythe, Haslngs,
Hunt, laszIll
NOES: None
ABSENt: WIson
Malian carried
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PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 Main Street
P.O, Box 755
Seal Beach, CA 90740
(213)430- 7555
Ordinance Number 1331 will
i receive second raadlng and be ,
, CllIlIiIenId lor adopIIan BIlle ~ ;
uIar CIty CouncI .-Ing 01 Man- I
day, March 11, 1991. Caples 01
OrdInance Nl.mber 1331 818 avaI-
able allle olIIce 01 the CIty Clerk,
City Hall, 211.8t1l Slree~ Seal
Beech; ~ (213)431-2527.
DATED THIS 271h day 01 FebruaJy,
1991.
Joenne M. Yeo. CIty CIerIt
, CIty 01 SealIleal:l1
~~
~7,1991.
NisIIld it lie SealIleal:l1 Jaum8I.
I
Dated at Seal Beach, California,
this :1 day of tn';.I.A ,19jiL,
/'i .' ,r,
r.... ':.;.'ld/L ,.t ~ .,l,...,' .,~
/ Signature
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PROOF OF PUBLICATION
(2015.5 C,C.P,)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH JOURNAL. a
newspaper of general circulation,
printed and published weeklv In the
City of Seal Beach, County of Orange
and which newspaper has been
adjudged a newspaper of general ,
circulation by the Superior Court of '
the County of Orange, State of
California, under the date of 2124175.
Case Number A82583; that the notice
of which the annexed Is a printed :
copy (set In type n,t [l", al'd; than
nonpareil), has beel; j>lIbhshed In
each regular and entire Issue of said
newspaper and not In ahy supplement
thereof on the following dated, to-wit:
~Jr ' ,
I f/Oc.l, c/f
all in the year 19J1L
I certify (or declare) under penalty of
perjury that the foregoing Is true and
correct.
Dated at Seal Beach. California,
this . ,j.' day of oj> ~': ^. ":0. , 19R.
,
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-j-,!... ~ ','..
.~
/\ :'
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. ,. Signature
,/
PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 MaIn Street
P.O. Box 755
Seal Beach, CA 90740
(213)430'7555
Ordinance Number 1-' ~ /
This space for for the County Clerk's
FHlng Stamp
Proof of Publication of
PUBLIC NOTICE/Summary Ordinance
............................ .
, / .' -' I } ':'( , ,
.-. ., ,I'" , . I.. /1:, 1\ '. '-_ l'vr. ..1.).....' ,.. I t. L-t'll
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SUMMARY
0IIlIIWICE NUI&R 1331
,_,p; ..........::;\1_ I',
Ordinance Number.I331 of 1he
CIty of Seal Beach, adding Chap.
.r 26A 10 1he Code of 1he CIty of'
Seal Beach, for 1he purposa of pre- ,
ven1Ing 1he waste or ~ ,
use 01 waler and fo provide a i
I1l8IIdaDy walllr coniarvaton plan ,
during a proclaimed wal8r shorl. I
age, rec:eIv8d second reeding and
I was adopted at 1he regular City
CouncI meeIIng of Man:h 1t, t99t
Il'f 1he IoIIowfng vole:
AYES: Fa1y1he, HasfngI.
IUrt, laszIo, WIson
NOES: None
Mo1ion carrted
CopIes ot Ordinanoe Number 1331
are avaDable at 1he oIIIce of 1he
City Clerk, City Hell, 211.8th
Slreet, Seal Beach; telephone
(2t3)431-2527,
,
DATED THIS t2lh day 0( Man:h:
t991,
JolInne M. Yeo, CIty Clerk
I CIty of Seal IleII:h
" Man:112t, 1991.
I I'I.IlIIIhat i1.. See! Beach JournaL