Chapter 13.36



WATER CONSERVATION

13.36.010 Established.
13.36.020 Policy.
13.36.030 Purpose.
13.36.040 Definitions.
13.36.050 Scope.
13.36.060 No water waste policy.
13.36.070 Phases.
13.36.080 Phase implementation.
13.36.090 Application of surplus reduction.
13.36.100 Failure to comply-Penalty.
13.36.110 Compliance-Relief.
13.36.120 Enforcement.


13.36.010 Established.


There is established a city mandatory water conservation plan. (Prior code º 9-150)

13.36.020 Policy.


It is declared that, because of the conditions prevailing in the city and in the areas of this state and elsewhere from which the city obtains its water supplies, because water needs are projected to increase in the future and while water is a renewable resource, it is a finite one, the general welfare requires that the water resources available to the city be put to the maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use or unreasonable method of use of water be prevented, and the conservation of such waters is to be exercised with a view to the reasonable and beneficial use thereof in the interests of the people of the city and for the public welfare. (Ord. 5112 º 61, 1996: prior code º 9-151)

13.36.030 Purpose.


The purpose of this chapter is to provide a mandatory water conservation plan to minimize the effect of a shortage of water to the customers of the city and, by means of this chapter, to adopt provisions that will significantly reduce the consumption of water over an extended period of time thereby extending the available water required for the customers of the city, to protect basic human health, safety and quality of life, to share the impacts caused by the water shortage in accord with the severity of the water shortage, and to minimize the hardship to the city and the general public to the greatest extent possible. (Ord. 5112 º 62, 1996: prior code º 9-153)

13.36.040 Definitions.


The following words and phrases, whenever used in this chapter, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined within individual sections of this chapter:

"Base" means the amount of water used on a customer's premises during a corresponding billing period in a base period designated by the city council.

"Base Period" means that period of time over which the base is computed.

"Billing unit" means the unit amount of water used to apply water rates for purposes of calculating commodity charges for customer water usage and equals one hundred cubic feet or seven hundred forty-eight gallons of water.

"Potable water" means that water furnished to the customer that does not contain objectionable pollution, contamination, minerals or infective agents and is considered satisfactory for domestic consumption, and conforms to the latest edition of the United States Public Health Service Drinking Water Standards, the California Safe Drinking Water Act, or any other applicable standards.

"Process water" means water used to manufacture, alter, convert, clean, heat or cool a product, or the equipment used for such purpose; water used for plant and equipment washing and for transporting the raw materials and products; and water used to grow trees and plants for sale or installation.

"Recycled water" shall have the definition set forth in Title 22, Chapter 4, of the California Administrative Code and all subsequent amendments and means water which, as a result of treatment of domestic wastewater, is suitable for a direct beneficial use or a controlled use that otherwise would not occur, such treatment of domestic wastewater having been accomplished in accordance with the criteria, including the level of constituents in combination with the means for assurance of reliability, as set forth in the California Administrative Code. (Ord. 5112 º 63, 1996: prior code º 9-154)

13.36.050 Scope.


The provisions of this chapter shall apply to all potable water customers and property served by the public service department wherever situated, and shall also apply to all property and facilities owned, maintained, operated or under the jurisdiction of the various officers, boards, departments or agencies of the city. (Prior code º 9-156)

13.36.060 No water waste policy.


No potable water customer of the public service department shall make, cause, use, or permit the use of water from the department for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this chapter or in an amount in excess of that use permitted by the conservation phase then in effect pursuant to action taken by the city council in accordance with the provisions of this chapter.

A. Prohibited Uses Applicable to All Customers.

1. There shall be no hose washing of sidewalks, walkways, driveways, or parking areas, tennis courts, patios, porches or other paved areas, except that flammable or other dangerous substances may be disposed of by direct hose flushing by public safety officers for the benefit of public health and safety.

2. There shall be no use of water for any purpose which results in overspray, runoff in flooding or runoff onto hardscape, driveways, streets, adjacent lands or into gutters.

3. No water shall be used to clean, fill or maintain levels in decorative fountains or similar structures unless such water is part of a recirculation system or unless such water is recycled water, which must be clearly posted.

4. No customer of the department shall permit water to leak from any facility on his premises; failure to effect the repair of any leak, within seventy-two hours after the customer is notified of or discovers the leak, shall subject said customer to all penalties provided herein for waste of water.

5. No landscaped or vegetated areas including, but not limited to grass, lawn, groundcover, shrubbery, annual and perennial plants, crops, and trees, including golf courses and school areas, shall be watered, sprinkled, or irrigated between the hours of ten a.m. and five p.m. Irrigation using recycled water is exempt from this limitation but must be clearly posted.

6. No landscaped or vegetated areas shall be watered, sprinkled or irrigated on days when the wind is blowing causing overspray and on days when it is raining.

7. The washing of commercial and noncommercial privately owned automobiles, trucks, trailers, motor homes, boats, busses, airplanes and other types of vehicles is restricted to use of a hand-held bucket and quick rinses using a hose with a positive shutoff nozzle. Exceptions: the use of wash water which is on the immediate premises of a commercial car wash or commercial service station; or where health, safety and welfare of the public is contingent upon frequent vehicle cleaning, such as garbage trucks and vehicles which transport food and perishables.

8. Owners of outdoor swimming pools, wading pools or spas, when these are not in use, are requested to use covers to minimize the evaporation of water.

9. Water for construction purposes including but not limited to debrushing of vacant land, compaction of fills and pads, trench backfill and other construction uses, shall be used in an efficient manner which will not result in runoff. Recycled water is to be used where it is an available and feasible alternative source of water.

10. The use of potable water from fire hydrants shall be limited to firefighting, related activities or other activities immediately necessary to maintain the health, safety and welfare of the residents of the city.

11. No restaurant, hotel, cafe, cafeteria or other public place where food is sold, served or offered for sale, shall serve drinking water to any customer unless expressly requested by the customer.

12. Hotels and motels are requested to post notices informing their guests about the city's "no water waste policy" and urging guests to conserve water. (Ord. 5112 º 64, 1996)

13.36.070 Phases.


A. Phase I-Voluntary Conservation.

1. Prohibited Uses Applicable to All Customers.

a. No use of water may be made contrary to the provisions of Sections 13.36.060(A)(1) through (12).

2. Customer Percentage Curtailment. On a voluntary basis, no customer shall make, cause, use or permit the use of water from the department for any purpose in an amount in excess of ninety percent of the amount used during the base period as defined in this chapter.

B. Phase II-Mandatory Conservation.

1. Prohibited Uses Applicable to All Customers.

a. No use of water may be made contrary to the provisions of Sections 13.36.060(A)(1) through (12)

2. Customer Percentage Curtailment. No customer shall make, cause, use or permit the use of water from the department for any purpose in an amount in excess of ninety percent of the amount used during the base period as defined in this chapter.

C. Phase III-Mandatory Conservation.

1. Prohibited Uses Applicable to All Customers.

a. No use of water may be made contrary to the provisions of Sections 13.36.060(A)(1) through (12).

2. Customer Percentage Curtailment. No customer shall make, cause, use or permit the use of water from the department for any purpose in an amount in excess of eighty-five percent of the amount used during the base period as defined in this chapter, except that process water may be used to the extent of ninety percent of the amount used during the base period.

D. Phase IV-Mandatory Water Conservation.

1. Prohibited Uses Applicable to All Customers.

a. No use of water may be made contrary to the provisions of Sections 13.36.060(A)(1), (2) and (A)(4) through (11).

b. The use of potable water to clean, fill or maintain levels in decorative fountains or similar structures, which are exterior of a site, is prohibited. Exception: the water used is recycled water, which must be clearly posted.

c. The use of potable water to fill decorative lakes or ponds is prohibited. Exception: the water used is recycled water, which must be clearly posted.

d. Hotels and motels are required to post notices of water shortage conditions urging guests to conserve water.

2. Customer Percentage Curtailment. No customer shall make, cause, use or permit the use of water from the department for any purpose in an amount in excess of eighty percent of the amount used during the base period as defined in this chapter, except that process water may be used to the extent of ninety percent of the amount used during the base period.

E. Phase V-Mandatory Water Conservation.

1. Prohibited Uses Applicable to All Customers.

a. No use of water may be made contrary to the provisions of Sections 13.36.060(A)(1), (2) and (A)(4) through (11) and subsections (D)(1)(b), (c) and (d) of this section.

2. Customer Percentage Curtailment. No customer shall make, cause, use or permit the use of water from the department for any purpose in the amount in excess of seventy-five percent of the amount used during the base period as defined in this chapter, except that process water may be used to the extent of eighty-five percent of the amount used during the base period.

F. Phase VI-Mandatory Water Conservation.

1. Prohibited Uses Applicable to All Customers.

a. No use of water may be made contrary to the provisions of Sections 13.36.060(A)(1), (2) and (A)(4) through (11) and subsections (D)(1)(b), (c) and (d) of this section.

b. The filling, refilling or adding of water to outdoor swimming pools, wading pools or spas, without covers, is prohibited.

c. There shall be a deferral of all new and retrofit landscape and turf planting, which requires potable water service for irrigation by all private and public water customers of the department.

d. There shall be a deferral of all new and retrofit landscape and turf planting, which requires potable water service for irrigation, in city parks or on the grounds of city buildings.

2. Customer Percentage Curtailment. No customer shall make, cause, use or permit the use of water from the department for any purpose in the amount in excess of sixty-five percent of the amount used during the base period as defined in this chapter, except that process water may be used to the extent of seventy-five percent of the amount used during the base period.

G. Phase VII-Mandatory Water Conservation.

1. Prohibited Uses Applicable to All Customers.

a. No use of water may be made contrary to the provisions of Sections 13.36.060(A)(1), (2) and (A)(4) through (11), and subsections (D)(1)(b), (c) and (d) and subsections (F)(1)(b), (c) and (d) of this section.

b. The filling, refilling or adding of water to outdoor swimming pools, wading pools or spas is prohibited.

c. The use of potable water to clean, fill or maintain levels in decorative fountains or similar structures, which are interior and exterior of a site, is prohibited.

2. Customer Percentage Curtailment. No customer shall make, cause, use or permit the use of water from the department for any purpose in the amount in excess of fifty percent of the amount used during the base period as defined in this chapter, except that process water may be used to the extent of sixty-five percent of the base period.

H. Exception. The prohibited use of water from the department provided for by Sections 13.36.060(A)(1) through (12) and subsections (A)(1), (B)(1), (C)(1), (D)(1), (E)(1), (F)(1) and (G)(1) of this section are not applicable to that use of water necessary to preserve the public health and safety or for essential government services such as police, fire, and other similar emergency services. (Ord. 5112 º 65, 1996: prior code º 9-157)

13.36.080 Phase implementation.


A. Phase Change Initiation. The department shall monitor and evaluate the projected supply and demand for water by its customers monthly, and shall recommend to the city manager the extent of the conservation required by the customers of the department in order for the department to prudently plan for and supply water to its customers. The city manager shall, in turn, notify and recommend to the city council the appropriate phase of water conservation to be implemented. Such phase implementation shall be made by council resolution and shall be published one time only in a daily newspaper of general circulation and shall become effective immediately upon such publication. The prohibited use provisions shall become operable immediately upon the effective date of the resolution of the council and shall be published in a daily newspaper of general circulation. Each new customer of the department shall be provided with a copy of said prohibited use provisions at the time of application for service. The customer percentage curtailment provisions shall take effect with the first full billing period commencing on or after the effective date of the resolution of the council.

B. Exemptions, Single-Family Residential Customers. Nothing contained in subsection A, B, C, D, E, F or G of Section 13.36.070 shall be deemed to require any single-family residential customer of the department to reduce such customer's consumption of water provided by the department to an amount less than nine billing units per month at each meter during any billing period while subsection B of Section 3.36.070 is in effect (Phase II); to an amount less than eight and one-half billing units per month at each meter during any billing period while subsection C of Section 13.36.070 is in effect (Phase III); to an amount less than eight billing units per month at each meter during any billing period while subsection D of Section 13.36.070 is in effect (Phase IV); to an amount less than seven and one-half billing units per month at each meter during any billing period while subsection E of Section 13.36.070 is in effect (Phase V); to an amount less than seven billing units per month at each meter during any billing period while subsection F of Section 13.36.070 is in effect (Phase VI); or to an amount less than six and one-half billing units per month at each meter during any billing period while subsection G of Section 13.36.070 is in effect (Phase VII).

C. Exemptions, Multifamily Residential Customers. Nothing contained in subsection A, B, C, D, E, F or G of Section 13.36.070 shall be deemed to require any multifamily residential customer of the department to reduce his consumption of water provided by the department to an amount less than eighteen billing units per month at each meter during any billing period while subsection B of Section 13.36.070 is in effect (Phase II); to an amount less than seventeen billing units per month at each meter during any billing period while subsection C of Section 13.36.070 is in effect (Phase III); to an amount less than sixteen billing units per month at each meter during any billing period while subsection D of Section 13.36.070 is in effect (Phase IV); to an amount less than fifteen billing units per month at each meter during any billing period while subsection E of Section 13.36.070 is in effect (Phase V); to an amount less than fourteen billing units per month at each meter during any billing period while subsection F of Section 13.36.070 is in effect (Phase VI); or to an amount less than thirteen billing units per month at each meter during any billing period while subsection G of Section 13.36.070 is in effect (Phase VII).

D. Exemptions, Commercial/Industrial Customers. Nothing contained in subsection A, B, C, D, E, F or G of Section 13.36.070 shall be deemed to require any commercial/industrial customer of the department to reduce his consumption of water provided by the department to an amount less than six billing units per month at each meter during any billing period while subsection B of Section 13.36.070 is in effect (Phase II); to an amount less than five billing units per month at each meter during any billing period while subsection C of Section 13.36.070 is in effect (Phase III); to an amount less than four billing units per month at each meter during any billing period while subsection D of Section 13.36.070 is in effect (Phase IV); to an amount less than three billing units per month at each meter during any billing period while subsection E of Section 13.36.070 is in effect (Phase V); to an amount less than two billing units per month at each meter during any billing period while subsection F of Section 13.36.070 is in effect (Phase VI); or to an amount less than one billing unit per month at each meter during any billing period while subsection G of Section 13.36.070 is in effect (Phase VII).

E. Exemptions, City Accounts. Nothing contained in subsection A, B, C, D, E, F or G of Section 13.36.070 shall be deemed to require any city account to reduce consumption of water provided by the department to an amount less than eighteen units per month at each meter during any billing period while subsection B of Section 13.36.070 is in effect (Phase II); to an amount less than seventeen billing units per month at each meter during any billing period while subsection C of Section 13.36.070 is in effect (Phase III); to an amount less than sixteen billing units per month at each meter during any billing period while subsection D of Section 13.36.070 is in effect (Phase IV); to an amount less than fifteen billing units per month at each meter during any billing period while subsection E of Section 13.36.070 is in effect (Phase V); to an amount less than fourteen billing units per month at each meter during any billing period while subsection F of Section 13.36.070 is in effect (Phase VI); or to an amount less than thirteen billing units per month at each meter during any billing period while subsection G of Section 13.36.070 is in effect (Phase VII). (Ord. 5112 º 66, 1996: prior code º 9-158)

13.36.090 Application of surplus reduction.


Notwithstanding any other provision of this chapter, any reduction in the use of water by any customer during any current billing period in excess of the amount required by Section 13.36.070 shall be applied as follows:

A. Bimonthly Customers. Such surplus reduction shall be applied to offset any excessive usage to that customer's consumption for the immediately preceding billing period. Any surplus reduction remaining after the application of the rule provided immediately above shall be applied to offset any excessive use of water by that customer during the next billing period only. Such credit for surplus reduction shall operate only as an offset to the excessive usage and shall not be applied to any use of water in an amount at or below the customer's allowable maximum consumption thereof.

B. Monthly Customers. Such surplus reduction shall be applied to offset any excessive usage to that customer's consumption for the immediately preceding three-month billing periods. Any surplus reduction remaining after the application of the rule provided immediately above shall be applied to offset any excessive use of water by such customer during the next two billing periods only. Such credit for surplus reduction shall operate only as an offset to the excessive usage and shall not be applied to any use of water in amount at or below the customer's allowable maximum consumption thereof. (Ord. 5112 º 67, 1996: prior code º 9-159)

13.36.100 Failure to comply-Penalty.


A. Penalties. It is unlawful for any customer of the department to fail to comply with any of the provisions of this chapter. The penalties set forth in this section shall be additional to those penalties provided in any other section of this code. The penalties for failure to comply with any of the provisions of this chapter shall be as follows:

1. a. If water is used during any allotment period in excess of the amount allotted for that period, a surcharge shall be imposed on said excess at double the basic rate established by the department in the applicable rate bracket for each one hundred cubic feet of water in excess of the allotted amount thereof. Such surcharge shall appear on the first billing statement for that account immediately following the period in which the excess has occurred. The surcharge shall be paid to the department at the same time as the payment for the basic rate and the penalty for failure to pay the entire amount due (basic plus surcharge) shall be the same as the penalty imposed by the department for failure to pay the basic rate.

b. Notwithstanding the provisions of subsection (A)(1)(a) of this section, if water is used in excess of the amount allocated for each period in two or more successive and consecutive periods, a surcharge shall be imposed on all water used in excess of the amount allocated for the second consecutive period and all other successive consecutive periods in which the excess use occurred. The surcharge imposed by this subsection shall be quadruple the basic water rate established by the department in the applicable rate bracket for each one hundred cubic feet of water used in excess of the allotted amount. The surcharge shall be billed and paid in the same manner as subsection (A)(1)(a) of this section.

c. If the imposition of a surcharge as allowed in this section does not have the desired effect of abating the excess use by any customer of the department in any period subsequent to the imposition of such surcharge, in addition to such surcharge or any other charge or penalty, the department shall either install an assembly on the meter to restrict the flow of water or discontinue service to the account, as detailed in subsections (A)(2)(c) and (3) of this section. For monthly billed customers, the penalty imposed by this subsection shall take effect after the fifth successive consecutive billing period water is used in excess of the amount allocated, within the preceding twelve calendar months. For bimonthly customers, the penalty imposed by this subsection shall take effect after the third successive consecutive billing period water is used in excess of the amount allocated, within the preceding twelve calendar months.

2. a. For the first violation by any customer of the department of any of the provisions of subsections (A)(1) through (12) of Section 13.36.060 and subsection (A)(1), B)(1), (C)(1), (D)(1), (E)(1), (F)(1) or (G)(1) of Section 13.36.070, in accordance with the applicable water conservation phase in effect at the time of the violation, the department shall issue a written notice of the fact of such violation to the customer and a written copy of Chapter 13.36 of this title.

b. For a second violation by any customer of the department of any of the provisions of subsections (A)(1) through (12) of Section 13.36.060 and subsection (A)(1), B)(1), (C)(1), (D)(1), (E)(1), (F)(1) or (G)(1) of Section 13.36.070, in accordance with the applicable water conservation phase in effect at the time of the violation, within the preceding twelve calendar months, the department shall issue a written warning to the customer of the fact of such second violation with a statement of the possible penalties for the present violation for which the notice was written and the possible penalties for each subsequent violation should they occur.

c. For a third violation by any customer of the department of any of the provisions of subsections (A)(1) through (12) of Section 13.36.060 and subsection (A)(1), B)(1), (C)(1), (D)(1), (E)(1), (F)(1) or (G)(1) of Section 13.36.070, in accordance with the applicable water conservation phase in effect at the time of the violation, within the preceding twelve calendar months, the department shall install a flow-restricting device of one gallon per minute (1 GPM) capacity for services up to one and one-half-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 hours. The charge for installing a flow-restricting device shall be based upon the size of the meter and the actual cost of installation as set forth in the water rate schedules and rules but shall not be less than forty dollars. The charge for removal of the flow-restricting device and restoration of normal service shall be twenty-five dollars if restoration of normal service is performed during regular working hours on regular working days. If removal of the flow-restricting device and restoration of normal service is requested by the customer to be made after regular working hours, on holidays or weekends, the restoration service charge shall be the actual cost of restoration of the normal service but shall not be less than fifty dollars.

3. For any subsequent violation or any wilful violation by any customer of the department of any of the provisions of subsections (A)(1) through (12) of Section 13.36.060 and subsection (A)(1), (B)(1), (C)(1), (D)(1), (E)(1), (F)(1) or (G)(1) of Section 13.36.070, in accordance with the applicable water conservation phase in effect at the time of the violation, within the preceding twelve calendar months, the department shall either install a flow-restricting device, specified in subsection (A)(2)(c) of this section, for a period of time of not less than one hundred sixty-eight hours or discontinue water service to that customer at the premises at which the violation occurred. The charge for installing a flow-restricting device shall be based upon the size of the meter as set forth in the water rate schedules and rules and the actual cost of installation but shall not be less than forty dollars. The charge for reconnection and restoration of normal service shall be twenty-five dollars if restoration of normal service is performed during the regular working hours on regular working days. If removal of the flow-restricting device and restoration of normal service is requested by the customer to be made after regular working hours, on holidays or weekends, the restoration service charge shall be the actual cost of restoration of the normal service but shall not be less than fifty dollars.

B. Notice. The department shall give notice of each violation to the customer committing such violation as follows:

1. For any violation of the provisions of subsections (B)(2) through (G)(2) of Section 13.36.070 or for the first violation of the provisions of subsections (A)(1) through (12) of Section 13.36.060 and subsections (A)(1) through (G)(1) of Section 13.36.070, the department shall give written notice of the fact of such violation to the customer personally or by United States regular mail.

2. For the second violation of the provisions of subsections (A)(1) through (12) of Section 13.36.060 and subsections (A)(1) through (G)(1) of Section 13.36.070, the department shall give written notice of the fact of such violation to the customer by United States registered mail, return receipt requested.

3. If the penalty assessed is, or includes the installation of a flow restrictor or the discontinuance of water service to the customer for any period of time whatsoever, notice of the fact of the violation shall be delivered fifteen working days before the penalty is to be enacted, in the following manner:

a. By delivering a written notice to the customer personally and obtaining a signature verifying the delivery of such notice; or

b. If the customer is absent from or unavailable at either the customer's place of residence or the customer's assumed place of business, by leaving a copy of such notice with some competent member of the household or a person apparently in charge of the office or place of business, at least eighteen years of age, who was informed of the general nature of the papers, and obtaining a signature verifying the delivery of such notice, and sending a copy of such notice through the United States registered mail, return receipt requested, addressed to the customer at either the customer's place of business or residence, or to the address so designated as mailing address on the customer's account; or

c. If such place of residence and/or business cannot be ascertained, or a competent member of the household or a person apparently in charge of the office or place of business, at least eighteen years of age, cannot be found, then by affixing a copy of such notice in a conspicuous place on the property where the failure to comply is occurring and also by delivering a copy of such notice to a person there residing, if such person can be found and obtaining a signature verifying the delivery of such notice, and also sending a copy of such notice through the United States registered mail, return receipt requested, addressed to the customer at the place where the property is situated.

All notices shall contain, in addition to the facts of the violation, a statement of the possible penalties for the present violation for which the notice was written and each subsequent violation, a statement of the anticipated date the penalty, if any, will be enacted for the present violation, and a statement informing the customer of the customer's right to a hearing on the violation.

C. Hearing. Any customer against whom a penalty is levied pursuant to this section shall have a right to a hearing, in the first instance by the department, with the right to appeal to the water conservation appeals board, as established in Section 2.72.140E, on the merits of the alleged violation, upon the written request of that customer to the department within fifteen working days of the date of notification of the violation.

1. If a hearing is requested and if the penalty levied is, or includes, the installation of a flow restrictor or the discontinuance of water service to the customer for any period of time whatsoever, the enactment of the penalty shall be deferred until the appeal is resolved.

2. If the decision of the water conservation appeals board is not in the favor of the customer, and a penalty has been determined by the board, the penalty shall be enacted 10 working days after the customer is advised of such decision in writing through the United States registered mail, return receipt requested.

D. Reservation of Rights, The rights of the department hereunder shall be cumulative to any other right of the department to discontinue service. All moneys collected by the department pursuant to any of the penalty provisions of the chapter shall be deposited in the water revenue fund as reimbursement for the department's costs and expenses of administering and enforcing this chapter. (Ord. 5112 º 68, 1996: prior code º 9-160)

13.36.110 Compliance-Relief.


A. Administrative Relief.

1. Any customer who is dissatisfied with the application of any of the provisions of this chapter as the same relate to such customer, may seek relief as set forth in this section.

2. Upon the filing by a customer of an application for relief as herein provided in this section, the department shall take such steps as it deems reasonable and necessary to resolve such application for relief prior to the submission of such application to the water conservation appeals board.

3. In determining whether relief from penalties specified in Section 13.36.100A shall be granted, the department and the water conservation appeals board shall take into consideration all relevant factors including but not limited to:

a. Water use caused by health or safety hazards;

b. Leaks repaired in a timely manner as specified in Section 13.36.060(A)(4);

c. Water conservation practices and appliances established and installed preceding the determined base period;

d. Extraordinary circumstances in the determined base period;

e. Additional members added to the household subsequent to the determined base period;

f. Change of owner/residents subsequent to the determined base period;

g. Additional landscape added to the property subsequent to the determined base period but not during such times that mandatory water conservation Phase VI or Phase VII or Phase VIII is in effect;

h. Water use necessary for reasons related to family illness or health;

i. First filling of a permit-constructed swimming pool or a spa, both of which must have a cover;

j. Water uses during new construction;

k. Changes in vacancy factors in multifamily housing subsequent to the determined base period;

l. Reduction in water consumption would result in significant unemployment;

m. Increased production requiring increased process water;

n. Increase in business, increased number of customers;

o. Changes in type of business subsequent to the determined base period;

p. Increased number of employees in commercial, industrial, or governmental offices.

4. No relief shall be granted to any customer for any reason in the absence of a showing by the customer that the customer has achieved the maximum practical reduction in water consumption in the customer's residential, commercial, industrial, agricultural or governmental water consumption, as the case may be, other than in the specific area in which relief is being sought.

5. No relief shall be granted to any customer who, when requested by the department, fails to provide the department with information whereby the services provided to the customer can be classified for the purpose of establishing an appropriate base or classification pursuant to the provisions of this chapter.

6. No relief shall be granted to any customer who fails to permit on-site inspections as determined necessary by the department when there is a reasonable indication of water waste or to determine the appropriate allocation for a water service account.

7. No relief shall be granted to any customer who plants new landscapes, or expands existing landscapes, or makes changes to existing landscapes which result in additional water requirements while mandatory water conservation Phase VI or Phase VII or VIII is in effect.

8. Water used for cooling purposes must be recycled to the greatest extent possible.

9. If a resolution of the application for relief is mutually agreed upon between the department and the customer, the agreement and the fact of adherence therewith shall be in writing subscribed by the customer. No other appeal may be submitted by the customer on the same, or substantially similar, circumstances and facts.

10. A decision of the department shall become final fifteen days after written notification to the customer unless an appeal to the water conservation appeals board is filed pursuant to the provisions of Chapter 2.88 relating to the uniform appeal procedure.

B. Curtailment Relief Limitations. Any customer may seek relief as herein provided from any application of the provisions of subsections (B)(2), (C)(2), (D)(2), (E)(2), (F)(2) and (G)(2) of Section 13.36.070 that adversely affect such customer at any time after any of such provisions are in effect, within and not longer than six months after the application of said provisions to such customer. During any subsequent phase which may hereinafter be imposed, such customer may seek relief as herein provided only as to the issue of whether such customer committed the particular act or acts, or omitted to perform the particular act or acts, as alleged by the department.

C. Base Adjustment. The department, in its discretion, may adjust the base assigned to any customer if such customer establishes, to the satisfaction of the department, that the base, as herein provided, would cause such customer great hardship for reasons including, but not necessarily limited to, technological improvements to such customer's premises subsequent to the determined base period, increased employment on said customer's business premises subsequent to the determined base period, a significant change in either the manner or the extent of use of water at the premises in question subsequent to the determined base period, extreme fluctuations in weather conditions, increase in business volume directly related to water use, and occupancy factors occurring subsequent to the determined base period. Any customer who was not a customer on the premises for which service was billed by the department during the determined base period shall be assigned the same base for such premises as provided above, and the department shall have the further discretion to adjust such base in the event such customer's use of the premises is substantially different from the previous use thereof during the determined base period.

D. Reclassification. The department may reclassify any residential, commercial, industrial, or agricultural customer to any other classification upon a showing of good cause by said customer of why all customers similarly situated should be reclassified. (Ord. 5112 º 69, 1996: prior code º 9-161)

13.36.120 Enforcement.


A. Reduction in Water Supplied. If any customer fails to comply with any provision of this chapter, the department may reduce the amount of water provided to that customer to the level which that customer would be using said water if he or she were complying with the provisions of this chapter. The provisions of this subsection shall be applied in lieu of, or in addition to, any other penalties provided in this chapter, in the discretion of the department, and shall be applied without regard to the status or nature of the customer's service.

B. Reports.

1. All commercial and industrial customers of the public service department using twenty-five thousand billing units per year or more shall submit a water conservation plan to the city manager's office and the director of public service. These users shall submit quarterly to the city manager's office and the director of public service a report on the progress of their conservation plans.

2. All city departments shall submit to the city manager and the director of public service a monthly public report on their water conservation efforts. The reports are present the level of performance compared to their water conservation plans. (Ord. 5112 º 70, 1996: prior code º 9-162)