HomeMy WebLinkAbout3092ORDINANCE NO. 3092
AN ORDINANCE of the City of Port Angeles, Washington, establishing
policies and procedures for declaring and dealing with various stages of
water shortages, establishing regulations and penalties for enforcing said
provisions, and adopting Chapter 13.46 of the Port Angeles Municipal
Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY
DRDAIN as follows:
Section 1. Chapter 13.46 of the Port Angeles Municipal Code is hereby adopted to read
s follows:
Sections:
Chapter 13.46
WATER SHORTAGE RESPONSE
13.46.010 Purpose.
13.46.020 Authority.
13.46.030 Policies and Procedures.
13.46.040 Enforcement.
13.46.050 Variances.
13.46.060 Penalties.
13.46.010 Purpose. It is in the public interest to promote the conservation of the City's
water supply in order to protect the health, welfare, and safety of water users. To accomplish this
3eclared purpose, the City reserves the right to exercise its police powers through emergency
measures as set forth in this Chapter.
13.46.020 Authority. The City Manager and City Council, when necessary for the
protection of the public health, safety, and welfare, shall have the authority to declare various stages
3f water emergencies and to implement the water conservation measures set forth in this Chapter
and in the City's Water Shortage Response Plan.
13.46.030 Policies and Procedures. The following policies and procedures shall apply
Suring the various stages of water emergencies as set forth in this Section:
A. Stage I. Anticipated water shortage. Internal preparations.
1
The City Manager may declare a Stage I water emergency, when a water shortage is
anticipated but not immediate. The Public Works and Utilities Department shall conduct public
education efforts regarding the benefits and necessity of conservation by the public.
B. Stage II. Serious water shortage. Voluntary conservation.
The City Manager may declare a Stage II water emergency, when a water shortage exists
such that immediate voluntary reductions in consumption are necessary. The Public Works and
Utilities Department shall conduct an intensified public information campaign and shall coordinate
the campaign to encourage voluntary water conservation through news releases and other methods
of providing information about conservation methods.
C. Stage III. Critical water shortage. Limited outdoor restrictions.
The City Council may declare a Stage III water emergency, when a water shortage exists
such that water supplies are critically impacted and water demand must be reduced. The City
Council may establish certain specified days or hours for lawn and garden sprinkling and may
prohibit or regulate other non - essential uses of water within the water system during such times as
there is an actual or impending water shortage, extreme pressure loss in the distribution system, or
for any other reasonable cause. The following non - essential uses of water may be prohibited on all
properties connected to the City's water system, whether inside or outside of the City:
1. Washing sidewalks, walkways, driveways, parking lots, patios, and other exterior
paved areas by direct hosing, except as may be necessary to prevent or eliminate materials
dangerous to the public health and safety.
2. Escape of water through breaks or leaks within the customer's plumbing or private
distribution system for any period of time beyond which such break or leak should reasonably have
been discovered and corrected. It shall be presumed that a period of 48 hours after the customer
discovers a leak or break , or receives notice from the City of such leak or break, whichever occurs
first, is a reasonable time in which to correct the same.
3. Non - commercial washing of privately owned motor vehicles, trailers, and boats,
except from a bucket or hose using a shutoff nozzle for quick rinses.
4. Lawn sprinkling and irrigation which allows water to run off or overspray the lawn
area. Every customer is deemed to have knowledge of and control over his or her lawn sprinkling
and irrigation at all times.
5. Sprinkling and irrigation of lawns, ground cover, or other plants, between the hours
of 9:00 a.m . and 6:00 p.m. or on any day not authorized by the established rotation schedule.
6. Such other uses as the Council deems appropriate.
-2
D. Stage IV. Emergency water shortage. Mandatory outdoor restrictions and indoor
conservation.
The City Council may declare a Stage IV water emergency, when a water shortage exists
such that maximum flow reduction is immediately required, water available to the City is
insufficient to permit any irrigation, watering, or sprinkling, and all available water is needed solely
for human consumption, sanitation, and fire protection. The City Council may prohibit all non-
essential uses of water, including but not limited to all vehicle washing, all lawn watering, and all
of the uses that may be prohibited for a Stage III water emergency. The Public Works and Utilities
Department shall disseminate information using every available means to encourage customers to
reduce indoor water usage to the maximum extent possible.
E. Stage V. Regional disaster. Water rationing.
The City Council may declare a Stage V regional disaster water emergency, when a
water shortage exists such that water rationing must be implemented and emergency water
distribution may be necessary for customers without water. The City Council may restrict water use
by rationing the amount of water used by residential users to a certain number of gallons per day per
person residing within the dwelling unit, by rationing the amount of water used by non - residential
users based on a percentage of their historical usage as calculated by the City, and by any other type
of rationing as the Council deems necessary and appropriate in the circumstances. The Public
Works and Utilities Department shall disseminate information to customers regarding the rationing
plan.
13.46.040 Enforcement.
The Director of Public Works and Utilities or designee, including any employee of the
Public Works and Utilities Department, field personnel of the Community Development
Department or Fire Department, or Police Officer of the City, shall have the authority to enforce the
provisions of this Chapter.
13.46.050 Variances.
The Director of Public Works and Utilities may grant temporary variances for the
prospective use of water otherwise prohibited by this Chapter. Such temporary variances shall be
in writing and shall be based on a determination by the Director that, due to unusual circumstances,
application of this Chapter would cause an extraordinary hardship adversely affecting the health,
sanitation, or fire protection of the applicant or the public. The Director's determination shall be
final and non - appealable.
13.46.060 Penalties.
Except as otherwise provided in this Chapter, violations of this Chapter shall be
punishable as follows:
3
A. First violation. Warning. For a first violation, notice shall be given to the
customer, explaining the City's present water shortage situation and warning
that a second violation will result in the requirement that a flow restriction
device be installed by the City at the customer's expense.
B. Second violation. Flow restriction device. For a second violation, notice shall
be given to the customer, requiring the installation of a flow restriction device
for a period of 7 days, which device will limit water flow to 10 gallons per
minute, and including a warning that service will be discontinued if a third
violation occurs.
C. Third and subsequent violations. Water shutoff and $100 turn on charge. For
a third or a subsequent violation, notice shall be given to the customer,
informing the customer that water service to the premises has been shutoff and
a $100.00 charge has been assessed to the utility account in order to turn the
service back on. The $100 charge shall be a lien against the property as set forth
in RCW 35.21.290 and RCW 35.21.300.
D. Opportunity to comment and appeal. Prior to imposition of the penalty for
either a second, third, or subsequent violation, the customer shall be given notice
of an opportunity to comment to the Director of Public Works and Utilities or
designee within 24 hours of receiving the notice or such later time as the
Director may designate, regarding any reason that the penalty should not be
imposed. If, after such comment, the Director decides to proceed with
imposition of the penalty, the customer shall have the opportunity to appeal to
the City Manager or designee within 24 hours of the Director's determination
or such later time as the City Manager may designate. The City Manager's
determination shall be final and non - appealable. Said 24 hour periods shall
exclude Saturdays, Sundays, and legal holidays.
E. Method of giving notice. Notice provided under this Section shall be given
either by hand - delivering written notification to an occupant at the customer's
service address, provided that in the absence of an occupant the written
notification may be posted conspicuously at the premises, or by certified mail.
Section 2. Severability. If any provisions of this Ordinance, or its application to any
person or circumstances, is held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is not affected.
4
Section 3 - Effective Date. This Ordinance shall take effect five days after the date of
publication by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 171-1, day of J„ 7 y , 2001.
ATTEST:
APPR
ED AS TO FORM:
Craig D.
tson, City Attorney
PUBLISHED: July 22, 2001
By Summary
:\ ORDINANCES &RESOLUTIONS\ 2001- 21.ord.wpd
my 9, 2001
5
Summary of Ordinance Adopted by the
Port Angeles City Council
on July 17, 2001
Ordinance No. 3092
This Ordinance of the City of Port Angeles establishes policies and procedures for
declaring and dealing with various stages of water shortages, establishes
regulations and penalties for enforcing said provisions, and adopts Chapter 13.46
of the Port Angeles Municipal Code.
The full text of the Ordinance is available at City Hall in the City Clerk's office or will be mailed
upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. This
Ordinance shall take effect five days after publication of this summary.
Becky J. Upton
City Clerk
Publish: July 22. 2001