Chapter 3.30 STATEWIDE DROUGHT REGULATIONS

Sections:

Prior legislation: Ords. 1414, 1419, 1422, 1426.

3.30.010 Mandatory restrictions.

Effective immediately upon adoption of the ordinance codified in this chapter, the following mandatory prohibitions shall be in effect for Stage 2, except where necessary to address an immediate health, safety and sanitation need or to comply with a term or condition in a permit issued by a state or federal agency:

A. Application of any water supply to outdoor landscapes during and within 48 hours after measurable rainfall is prohibited.

B. Irrigation with any water of ornamental turf on public street medians is prohibited.

C. Irrigation with potable water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established in the California Building Standards Commission and the Department of Housing and Community Development is prohibited.

D. Broken sprinklers shall be repaired within 24 hours of notification by CVWD, and leaks shall be repaired as soon as practicable.

E. The serving of drinking water other than upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased is prohibited.

F. Hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. Hotels and motels shall prominently display notice of this option in each guestroom using clear and easily understood language.

G. Applying any water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, nonirrigated areas, private and public walkways, roadways, parking lots, or structures is prohibited.

H. Using a hose to wash an automobile, windows, solar panels, and tennis courts, except where the hose is equipped with a shut-off nozzle, is prohibited.

I. Applying any water to any hard surface including, but not limited to, driveways, sidewalks, and asphalt is prohibited.

J. Prohibit outdoor irrigation on Mondays and Thursdays from December 1st to March 31st.

K. Homeowners’ associations, community service organizations or similar entities are prohibited from enforcing provisions of their rules and regulations that prohibit reducing or eliminating the watering of vegetation or lawns during a declared drought emergency. (Ord. 1422.5 § 5, 2017; Ord. 1422.4 § 5, 2016; Ord. 1422.3 § 5, 2016)

3.30.020 Recommended activities.

A. The irrigation and preservation of trees and shrubs is strongly encouraged.

B. CVWD strongly encourages counties, cities, homeowners’ associations (“HOAs”) and other enforcement agencies to suspend code enforcement and fines for brown turf areas and to otherwise comply with new state laws regarding limitations on such enforcement.

C. CVWD will work with private pumpers, canal water and nonpotable water users to reduce water use.

D. Use of pool covers when not in use, especially during summer months, is strongly encouraged.

E. Draining and refilling of private swimming pools is discouraged, unless necessary for health and safety or leak repair.

F. HOAs are strongly encouraged to adopt and enforce water use restrictions in their rules and regulations.

G. Over-seeding is strongly discouraged.

H. Planting of spray irrigated annual flower beds is strongly discouraged.

I. Installation of irrigation smart controllers is strongly encouraged. (Ord. 1422.5 § 6, 2017; Ord. 1422.4 § 6, 2016; Ord. 1422.3 § 6, 2016)

3.30.030 Fines for noncompliance.

The following fines will be imposed when a customer violates the mandatory restrictions set forth in CVWDC 3.30.010.

A. First Violation – Written Notice. Any notice required under this chapter may include, for example and not by way of limitation, the following information: (1) the water conservation stage and restrictions that are in effect; (2) actions required for compliance in order to prevent future violations; and (3) penalties and enforcement actions which may be imposed for future violations.

B. Second Violation within a 12-Month Period. A fine will be imposed in the amount of $50.00 which will be added to the customer’s water service bill.

Any customer receiving a second violation may at his or her option successfully complete CVWD Water School in lieu of paying the $50.00 fine.

C. Third Violation within a 12-Month Period. A fine will be imposed in the amount of $100.00 which will be added to the customer’s water service bill.

D. Fourth Violation and Any Subsequent Violation within a 12-Month Period. A fine will be imposed in the amount of $200.00 which will be added to the customer’s water service bill.

E. Fifth Violation and Any Subsequent Violation within a 12-Month Period. A fine will be imposed in the amount of $500.00 which will be added to the customer’s water service bill.

F. Sixth Violation and Any Subsequent Violation within a 12-Month Period. A fine will be imposed in the amount of $1,000 which will be added to the customer’s water service bill.

G. Seventh Violation and Any Subsequent Violation within a 12-Month Period. A fine will be imposed in the amount of $2,000 which will be added to the customer’s water service bill.

In the event of any violation after the seventh violation within a 12-month period, the general manager, or his/her designee, may determine, in his/her reasonable discretion, that the continued violation of the restrictions set forth in this chapter warrant the initiation of procedures for the termination of water service pursuant to CVWD’s regulations governing domestic water service (“regulations”), as they may be amended from time to time. In addition to any other remedies provided in this chapter or available under applicable law, CVWD may alternatively seek injunctive relief in the superior court or take enforcement action, including discontinuing or appropriately limiting water service by the installation of a flow restricting device to any customer, for violations of this chapter. All remedies provided herein shall be cumulative and not exclusive. (Ord. 1422.5 § 7, 2017; Ord. 1422.4 § 7, 2016; Ord. 1422.3 § 7, 2016)

3.30.040 Drought volumetric penalties.

Effective June 1, 2016, volumetric penalties are no longer in effect. However, they can be reinstated if CVWD is required by the State Water Resources Control Board (“SWRCB”) to reduce water usage by an amount greater than 25 percent. In such a case, CVWD will require customers to reduce their usage by the percentage number which is the difference between the SWRCB target percentage and the percentage of 25 percent. For example, if CVWD is required in the future to reduce usage by 30 percent, CVWD will then implement volumetric drought penalties to encourage that additional five percent reduction. If a customer fails to limit outdoor water usage by said percentage, then penalties will be imposed in addition to normal budget-based tiered rates. Any drought volumetric penalty imposed pursuant to this chapter may be collected on a customer’s water bill. Any drought volumetric penalty shall be applicable to water used by a customer in violation of this chapter during the customer’s first complete billing cycle after the adoption of the ordinance codified in this chapter.

The following table describes the drought volumetric penalties:

Tier 1: Excellent

Indoor budget of 8 CCFs

No penalty

Tier 2: Efficient

With assigned percentage less water use

No penalty

Without assigned percentage less water use

$2.51 per CCF above reduction goal

Tier 3: Inefficient

100 – 175% of budget

$5.00 per CCF or portion thereof

Tier 4: Excessive

175 – 300% of budget

$10.00 per CCF or portion thereof

Tier 5: Wasteful

Over 300% of budget

$20.00 per CCF or portion thereof

(Ord. 1422.5 § 8, 2017; Ord. 1422.4 § 8, 2016; Ord. 1422.3 § 8, 2016)

3.30.050 CVWD rules and regulations.

The procedures for written notice, imposition of fines or penalties, termination of service, and appeal rights shall be the same such procedures as set forth in CVWD’s rules and regulations including, but not necessarily limited to, Chapter 3.05 CVWDC, Article VI, Credit and Billing, and Article VII, Termination and Restoration of Service. (Ord. 1422.5 § 9, 2017; Ord. 1422.4 § 9, 2016; Ord. 1422.3 § 9, 2016)

3.30.060 Purpose of restrictions and fines.

The regulatory purposes of imposing the requirements and financial penalties, as set forth in this chapter, are to conserve water, deter waste and unreasonable use of water, encourage efficiency, and to help cover the costs incidental to the investigation, inspection, and administration of the enforcement of this chapter. (Ord. 1422.5 § 10, 2017; Ord. 1422.4 § 10, 2016; Ord. 1422.3 § 10, 2016)

3.30.070 Future stage(s).

In accordance with Section 5.3.2 of the Water Supply Reliability and Water Shortage Contingency Planning document (“plan”), the general manager hereby determines that it is necessary to further implement Stage 2 of the plan. The board hereby authorizes the general manager, or his/her designee, to make a determination as to when it may be necessary to move to a further stage, or a lesser stage, in the plan. Following said determination by the general manager, the board will consider an ordinance, or any other applicable action, to determine whether, and to what extent, to adopt the determination of the general manager. Said determinations by the general manager, and then the board, may also include a determination that certain prohibitions in this chapter are best practices which should stay in effect regardless of what stage, or any stage, that may be in effect. (Ord. 1422.5 § 11, 2017; Ord. 1422.4 § 11, 2016; Ord. 1422.3 § 11, 2016)