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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