HomeMy WebLinkAbout91-17 - Amending Section 14.16. of the Newport Beach Municipal Code to Establish a Water Conservation and Rationing ProgramV
NO. 91- 17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AMENDING SECTION 14.16. OF
THE NEWPORT BEACH MUNICIPAL CODE TO ESTABLISH
A WATER CONSERVATION AND RATIONING PROGRAM.
• The City Council of the City of Newport Beach does ordain as
follows:
SECTION 1•
Chapter 14.16. of the Newport Beach Municipal Code is amended
to read as follows:
Chapter 14.16
WATER CONSERVATION
14.16.010 Findings and Purpose.
14.16.020 Definitions.
14.16.030 Prohibitions.
14.16.040 Conservation Phase Implementation.
14.16.045 Permanent Water Usage Restrictions.
•14.16.050 Water Conservation Phases.
14.16.060 Surcharges.
14.16.070 Exemptions.
14.16.080 Relief from Compliance.
14.16.090 Failure to Comply.
14.16.100 Applicability.
14.16.010 Findings and Purpose.
A. The City of Newport Beach delivers water to its residents
through a comprehensive system of reservoirs, water mains, and
pipes. The water sold to Newport Beach residents comes exclusively
from sources outside of the City of Newport Beach. The City relies
heavily on Metropolitan Water District ( "MWD ") for its supply of
water. MWD supplies water to many agencies, including large
purveyors such as the Los Angeles Department of Water and Power.
MWD's primary source of water is the Colorado River and related
storage facilities. MWD's ability to supply water is contingent
upon many factors, including the extent of Colorado River flows,
water taken from the Colorado River by those with prior rights, the
amount of water available to major purveyors such as DWP from the
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Los Angeles Aqueduct and the State Water Project, the amount of
water available to smaller purveyors from these same sources or
wells, and the demand for water from agricultural, industrial, and
residential users. Southern California's demand for water is such
that short term drought may result in significant reductions in
MWD's allocations of water to the City of Newport Beach and
extended drought will result in drastic allocation reductions,
which, in turn, require imposition of stringent measures to insure
reduced consumption. This Ordinance provides a mechanism for
quickly imposing mandatory water conservation measures ranging from
voluntary consumption reductions to measures which restrict water
usage to the minimum necessary for basic human health and
sanitation.
B. Continued population growth in California and Arizona
will, over time, dramatically reduce the amount of water available
to MWD and other major water purveyors. The ability of Newport
Beach to provide its residents with adequate supplies of water is
• contingent upon implementation of a comprehensive program,
including development and implementation of plans to tap new
sources of water, implementation of drastic restrictions on
consumption during periods of drought, and implementation of water
conservation measures during periods of normal rainfall to insure
the highest beneficial use of the resource.
C. The mandatory restrictions on water use, the prohibition
of activities that waste water as well as the penalties and
surcharges provided by this Ordinance are the minimum controls
necessary to insure adequate supplies of water now and in the
future. The surcharges for water consumption in excess of the
limits specified in the various conservation phases reflect, and
will reimburse the City for, surcharges imposed by MWD for
deliveries in excess of allocations. These surcharges combined
with penalties for excess consumption and activities which waste
water are necessary to insure the maximum beneficial use of an
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extremely limited resource. Restrictions on the use of revenue
derived from surcharges and penalties will insure the lowest
feasible basic water rate and the development of new sources of
water to supplement MWD allocations in the future.
14.16.020 Definitions.
• A. "Base" means the amount of water, expressed in Billing
Units, used by a Customer during one of the six (6) Base Periods.
B. "Basic Water Rate" shall mean the charge for water,
expressed in terms of billing units, established pursuant to
Section 14.12.090 of the Newport Beach Municipal Code.
C. "Base Period" means one of six (6) billing periods used
for calculating compliance with the water conservation requirements
of this ordinance. The Base Periods for the four billing groups
within the City of Newport Beach are as specified below:
Group I: June 8, 1989 to August 10, 1989
August 10, 1989 to October 10, 1989
October 10, 1989 to December 7, 1989
December 7, 1989 to February 8, 1990
February 8, 1990 to April 6, 1990
• April 6, 1990 to June 7, 1990
Group II: June 15, 1989 to August 15, 1989
August 15, 1989 to October 19, 1989
October 19, 1989 to December 14, 1989
December 14, 1989 to February 15, 1990
February 15, 1990 to April 12, 1990
April 12, 1990 to June 20, 1990
Group III: July 13, 1989 to September 13, 1989
September 13, 1989 to November 9, 1989
November 9, 1989 to January 11, 1990
January 11, 1990 to March 13, 1990
March 13, 1990 to May 10, 1990
May 10, 1990 to July 15, 1990
Group IV: July 19, 1989 to September 19, 1989
September 19, 1989 to November 13, 1989
November 13, 1989 to January 15, 1990
January 15, 1990 to March 19, 1990
March 19, 1990 to May 16, 1990
May 16, 1990 to July 20, 1990
is D. "Billing Period" means the time interval between two
consecutive water meter readings taken for billing purposes.
E. "Billing Unit" means 100 cubic feet of water (748
gallons).
F. "Corresponding Base Period" shall mean the Base Period
that best corresponds, in terms of number of days, to a Billing
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Period that occurs during any conservation phase described in
Section 14.16.050.
G. Customer" shall mean any person, group of two or more
persons, partnership, corporation, trust, association, or entity,
receiving water service from the City of Newport Beach.
H. "MWD" shall mean Metropolitan Water District.
• I. "Person" shall mean any person, group of persons,
corporation, partnership, trust, or business entity not receiving
water service from the City of Newport Beach.
J. "Surcharge" shall mean the additional charges (over and
above the Basic Water Rate) imposed for consumption in excess of
that permitted during any conservation phase and as specified in
Section 14.16.060.
K. "Water Consumption Restrictions" shall mean those
provisions of Section 14.16.050 which require Customers to reduce
the amount of water consumed during current Billing Periods in
relation to the corresponding Base Period.
L. "Water Usage Restrictions" shall mean those provisions of
• Section 14.16.045 and 14.16.050 which prohibit certain uses of
water.
M. "Water" shall mean potable water.
14.16.030 Prohibitions.
A. No Customer shall use, or permit the use of, water
supplied by the City of Newport Beach in a manner contrary to the
restrictions imposed by any conservation phase then in effect.
B. For the purpose of this Ordinance, the use of water by a
tenant, employee, agent, contractor, representative, or person
acting on behalf of a customer, shall be imputed to the Customer.
is 14.16.040 Conservation Phase Implementation.
A. The Utilities Director shall periodically monitor and
evaluate the projected supply and demand for water by Customers
and shall recommend to the City Council implementation of a
conservation phase appropriate under then current circumstances.
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The City Council shall consider the recommendation at a regularly
scheduled public meeting and, after hearing such testimony as may
be relevant, implement the appropriate conservation phase by
resolution. The provisions of the conservation phase shall become
effective upon publication of the resolution in a daily newspaper
of general circulation provided, however, the consumption reduction
• provisions shall take effect as of the first full billing period
commencing on or after the effective date of the resolution.
B. In the event MWD publicly expresses the intention to
reduce water allocations in a manner that would effect the amount
supplied to the City of Newport Beach, the City Manager may
implement a conservation phase by publication of a notice to that
effect in a daily newspaper of general circulation. The order of
the City Manager shall become effective upon publication and shall
terminate in thirty (30) days or the publication of a resolution of
the City Council implementing the same or different conservation
phase, whichever shall first occur.
C. Except for the automatic termination provisions in the
• case of implementation by the City Manager, a resolution
implementing a water conservation phase shall remain in full force
and effect until repealed by the City Council, or until a
subsequent resolution implementing a different conservation phase
becomes effective.
D. The Utilities Director shall, subsequent to the adoption
of a resolution implementing any water conservation phase, provide
periodic reports to the City Council regarding compliance with the
requirements of the water conservation phase, current and
anticipated allocations of water from MWD, and any change in
circumstances that could warrant a position of more stringent
measures or relaxation of measures then in effect.
14.16.045 Permanent Water Usage Restrictions.
1. No Person or Customer shall use water to wash any
sidewalk, walkway, driveway, parking area or any other hard
surface.
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2. No Person or Customer shall use water to clean, fill, or
maintain levels in decorative fountains, ponds, lakes, or other
purely aesthetic facilities, however, water may be used to fill or
maintain levels if all liquid is recirculated.
3. No restaurant, hotel, cafe, cafeteria or other public
•place where food is sold, served or offered for sale shall serve
drinking water to any person unless pursuant to an express request.
4. No Person or Customer shall permit water to leak from any
pipe or facility connected to the meter or meters which measures
the amount of water for which a Customer is obligated to pay the
City.
5. No Person or Customer shall water or irrigate any lawn,
landscaping or other vegetation in a manner that causes or allows
excess water to flow or run off onto an adjoining sidewalk,
driveway, street, gutter or ditch.
6. No Person shall use water for construction purposes with
respect to any project that requires a grading permit without first
having submitted a construction water plan to, and obtaining
• approval from, the Utilities Director.
14.16.050 Water Conservation Phases.
A. Phase 1. Voluntary Ten Percent (10 %) Reduction.
Each Customer shall use their best efforts, without
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mandatory restrictions, to use ninety percent (90 %) or less of the
water consumed during the Base Period for that Customer's group.
B. Phase 2. Mandatory Ten Percent (10 %) Cut -Back.
No Customer shall, during any Billing Period, consume
more than ninety percent (90 %) of the water consumed during the
corresponding Base Period.
C. Phase 3. Mandatory Fifteen Percent (15 %) Cut -Back.
No Customer shall, during any Billing Period, consume
more than Eighty -five percent (85 %) of the water consumed during
the corresponding Base Period.
D. Phase 4. Mandatory Twenty Percent (20 %) Cut -Back.
1. No Customer shall, during any Billing Period, consume
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more than Eighty percent (80 %) of the water consumed during the
corresponding Base Period.
2. No Customer shall use water to wash all or any
portion of a structure, motor vehicle, trailer, boat, facility or
equipment, except with a hand -held bucket with a capacity of five
gallons or less, or a hose equipped with a positive shut -off
• nozzle.
3. No Customer shall use water to wash any sidewalk,
walkway, driveway, parking area or other hard surface.
4. No person shall water or irrigate any lawn, soil,
landscaping or vegetation between the hours of 10:00 a.m. and 4:00
p.m.
E. Phase 5. Mandatory Twenty -Five Percent (25 %) Cut -Back.
1. No Customer shall, during any Billing Period, consume
more than seventy -five percent (75 %) of the water consumed during
the corresponding Base Period.
2. No Customer shall use water to wash all or any
• portion of a structure, motor vehicle, trailer, boat, facility or
equipment, except in accordance with the following:
(a) Washing shall be done only with a hand -held bucket
with a capacity of five (5) gallons or less, or a hose equipped
with a positive shut -off nozzle; and
(b) Washing is permitted only on the days specified for
watering or irrigation of lawns and landscaping as specified in
Subsection 3.
3. No person shall water or irrigate any lawn, soil,
landscaping or vegetation, except in accordance with the following:
(a) Customers with odd numbered addresses shall water
only on Tuesdays, Thursdays, and Saturdays.
(b) Customers with even numbered addresses shall water
only on Mondays, Wednesdays, and Fridays.
(c) Watering is permitted only between the hours of 4:00
p.m. and 10:00 a.m. No watering or irrigation is permitted between
the hours of 10:00 a.m. and 4:00 p.m.
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F. Phase 6. Mandatory Thirty Percent (30 %) Cut -Back.
1. No Customer shall, during any Billing Period, consume
more than seventy percent (70 %) of the water consumed during the
corresponding Base Period.
2. No Customer shall use water to wash all or any
portion of a structure, motor vehicle, trailer, boat, facility or
equipment, except in accordance with the following:
(a) Washing shall be done only with a hand -held bucket
with a capacity of five (5) gallons or less, or a hose equipped
with a positive shut -off nozzle; and
(b) Washing is permitted only on the days specified for
watering or irrigation of lawns and landscaping as specified in
Subsection 3.
3. No person shall water or irrigate any lawn, soil,
landscaping or vegetation, except in accordance with the following:
(a) Customers with odd numbered addresses shall water
only on Tuesdays and Fridays.
(b) Customers with even numbered addresses shall water
• only on Mondays and Thursdays.
(c) Watering is permitted only between the hours of 4:00
p.m. and 10:00 a.m. Watering or irrigation is prohibited between
the hours of 10:00 a.m. and 4:00 p.m.
G. Phase 7. Mandatory Thirty -Five Percent (35 %) Cut -Back.
1. No Customer shall, during any Billing Period, consume
more than sixty -five percent (65 %) of the water consumed during the
corresponding Base Period.
2. No Customer shall use water to wash all or any
portion of a structure, motor vehicle, trailer, boat, facility or
equipment, except in accordance with the following:
(a) Washing shall be done only with a hand -held bucket
with a capacity of five (5) gallons or less, or a hose equipped
with a positive shut -off nozzle; and
(b) Washing is permitted only on the days specified for
watering or irrigation of lawns and landscaping as specified in
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Subsection 3.
3. No person shall water or irrigate any lawn, soil,
landscaping or vegetation, except in accordance with the following:
(a) Customers with odd numbered addresses shall water
only on Tuesdays.
(b) Customers with even numbered addresses shall water
• only on Wednesdays.
(c) Watering is permitted only between the hours of 6:00
p.m. and 6:00 a.m. Watering or irrigation is prohibited between
the hours of 6:00 a.m. and 6:00 p.m.
(d) Trees may also be watered on Sundays.
H. Phase 8. Mandatory Forty Percent (40 %) Cut -Back.
1. No Customer shall, during any Billing Period, consume
more than sixty percent (60 %) of the water consumed during the
corresponding Base Period.
2. No Customer shall use water to wash all or any
portion of a structure, motor vehicle, trailer, boat, facility or
• equipment, except in accordance with the following:
(a) Washing shall be done only with a hand -held bucket
with a capacity of five (5) gallons or less, or a hose equipped
with a positive shut -off nozzle; and
(b) Washing is permitted only on the days specified for
watering or irrigation of lawns and landscaping as specified in
Subsection 3.
3. No person shall water or irrigate any lawn, soil,
landscaping or vegetation, except in accordance with the following:
(a) Customers with odd numbered addresses shall water
only on 1st and 3rd Tuesdays.
(b) Customers with even numbered addresses shall water
only on 1st and 3rd Wednesdays.
(c) Watering is permitted only between the hours of 6:00
p.m. and 6:00 a.m. Watering or irrigation is prohibited between
the hours of 6:00 a.m. and 6:00 p.m.
(d) Trees may also be watered on Sundays, but only by
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use of a hand -held bucket.
I. Phase 9. Mandatory Forty -Five Percent (45 %) Cut -Back.
1. No Customer shall, during any Billing Period, consume
more than fifty -five percent (55 %) of the water consumed during the
corresponding Base Period.
is 2. No Customer shall use water to wash all or any
portion of a structure, motor vehicle, trailer, boat, facility or
equipment, except in accordance with the following:
(a) Washing shall be done only with a hand -held bucket
with a capacity of five (5) gallons or less, or a hose equipped
with a positive shut -off nozzle; and
(b) Washing is permitted only on the days specified for
watering or irrigation of lawns and landscaping as specified in
Subsection 3.
3. No person shall water or irrigate any lawn, soil,
landscaping or vegetation, except in accordance with the following:
(a) Customers with odd numbered addresses shall water
• only on 1st Tuesday.
(b) Customers with even numbered addresses shall water
only on 1st Wednesday.
(c) Watering is permitted only between the hours of
10:00 p.m. and 6:00 a.m. Watering or irrigation is prohibited
between the hours of 6:00 a.m. and 10:00 p.m.
(d) Trees may also be watered on Sundays, but only by
use of a hand -held bucket.
J. Phase 10. Mandatory Fifty Percent (50 %) Cut -Back.
1. No Customer shall, during any Billing Period, consume
more than fifty percent (50 %) of the water consumed during the
corresponding Base Period.
2. Watering or irrigation of plants, landscaping,
vegetation or soil is prohibited, provided, however, plants, trees
and shrubs may be watered by means of a hand -held bucket.
3. No person shall fill any pool, spa, decorative
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fountain, pond, lake or any body of water.
14.16.060 Surcharges.
A. The surcharges imposed by this Section reflect, in part,
additional charges imposed by MWD on the City of Newport Beach for
the purchase of water in excess of permitted allocations. The
• surcharges are also intended to supplement penalties for violating
water consumption restrictions by dramatically increasing the cost
of water as consumption extends permitted thresholds.
B. Customer shall pay the surcharges specified in this
Section for all water consumed in excess of the water consumption
restrictions (Phases 2 through 10, inclusive), specified in Section
14.16.050. The surcharge shall be Ninety -one Cents ($.91) per
Billing Unit for the first Ten Percent (10 5.1-) increment in excess of
the ration level and an additional Ninety -one Cents ($.91) for each
subsequent Ten Percent (10 %) increment above the ration level. For
example, Phase 6 requires Customers to use no more than 70% of the
water consumed during the corresponding Base Period. A Customer
• using 45 Billing Units when assigned a ration level of 32 Billing
Units would pay the following:
32 Units @ $1.05 (Basic Water Rate)
4 Units @ $1.96 ($1.05 + $0.91)
4 Units @ $2.87 ($1.05 + $1.82)
4 Units @ $3.78 ($1.05 + $2.73)
1 Unit @ $4.69 ($1.05 + $3.64)
45 Units Total
$33.60
$ 7.84
$11.48
$15.12
$ 4.69
$72.73
The following surcharge shall be imposed on the Customer's
next water bill and shall be in addition to the Basic Water Rate.
14.16.070 Exemptions.
Is A. The provisions of this Ordinance shall not apply to the
following activities of a public entity:
1. The filling, operation and maintenance of a swimming
pool open to the public.
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2. The washing of refuse, sanitation and service
vehicles owned and operated by a public entity to the extent
necessary to insure public health, safety and welfare.
B. The provisions of this Ordinance which restrict the
watering or irrigation of landscaping vegetation, and soil, and
those provisions which require the reduction of consumption shall
• not be applicable to customers who have participated in a Fuel Load
Modification Program and have received an exemption from the
Utilities Director. The Utilities Director shall grant only that
exemption necessary to mitigate the impacts of participation in the
Fuel Load Modification Program such as, the need to irrigate
replacement vegetation.
C. The provisions of this Ordinance which restrict the
watering or irrigation of lawns, landscaping, vegetation and soil
shall not apply to commercial nurseries or other businesses whose
main stock and trade consists of plants and vegetation. Provided,
however, this exemption is applicable only to those businesses
which submit a water conservation plan to, and obtain the approval
• of, the Utilities Director. The Utilities Director shall approve
a water conservation plan submitted pursuant to this Subsection
only if the plan proposes the maximum feasible reduction in
consumption.
D. The provisions of this Ordinance that restrict the
washing of vehicles, boats, and mobile equipment shall not apply to
any car wash, auto detailer, or similar business that has applied
for and received approval of, an exemption from the Utilities
Director. The Utilities Director shall grant an exemption only if
the plan provides for recirculation or recycling of water or
otherwise proposes the maximum feasible reduction in consumption.
0 E. The provisions of this Ordinance that require Customers
to reduce their consumption by specified percentages shall not
apply to reduce consumption below levels necessary to maintain
health, safety and sanitation as determined by the Utilities
Director.
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14.16.080 Relief from compliance.
A. Intent and Purpose. The City Council recognizes that
water consumption can increase or decrease because of factors
unrelated to wasteful water use practices. Many customers have
installed water - saving devices and adopted water conservation
practices that make it difficult to achieve the additional
• reductions required by this Ordinance. This Section recognizes
that base adjustments may be necessary to insure that application
of this Ordinance to any particular Customer does not produce
unjust or inequitable results. As a general rule, the Utilities
Director should not grant relief to any Customer for any reason in
the absence of a showing that the Customer has achieved the maximum
practical reduction in water consumption other than in the specific
area or areas for which relief is requested.
B. Procedures. An application for relief from the
provisions of this Ordinance may be filed by any Customer with the
Utilities Director. The application shall be submitted on a form
supplied by the Utilities Department. The application must be
• filed within ninety (90) days after the effective date of this
ordinance or ninety (90) days after implementation of the then
current conservation phase, whichever shall occur last. The
Utilities Director shall approve or disapprove the application for
relief within fifteen (15) days after it is filed and deemed
complete.
C. Factors. In determining whether relief should be
granted, the Utilities Director shall consider all relevant factors
including, but not limited to, the following:
1. Whether compliance with the consumption and
reduction provisions then in effect would result in unemployment or
layoff of workers;
2. Whether additional persons are living or working in
the structure or structures served by the meter or meters for which
Customer is responsible;
3. Whether Customer had, during all or a portion of the
Base Period, reduced consumption from prior years through the use
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of water conservation practices;
4. Whether any current or anticipated increase in
production or manufacturing will require additional water;
5. The extent to which irrigation or watering of
landscaping has been made necessary by compliance with Fuel Load
Modification Programs;
• 6. The extent to which Customer needs to use water to
mitigate any emergency health or safety hazards;
7. The absence of one or more persons from the
structure or structures served by the meter during all or a portion
of the Base Period;
8. The special needs and characteristics of hospitals,
clinics and other medical care facilities.
D. Agreement. The Utilities Director is empowered to enter
into an agreement with any Customer to resolve the application for
relief. The agreement shall be memorialized in a writing signed by
the Customer. The agreement shall fix the rights of the Customer
and the City. The Customer shall have no further right to seek
• relief pursuant to the provisions of this Section.
E. Final Decision. The Utilities Director shall notify the
Customer of the decision on the application for relief by mailing
notice of the decision to the Customer, first class, postage pre-
paid, to the address specified on the application. The decision of
the Utilities Director shall be final.
F. Willful Misrepresentation. Notwithstanding any other
provision of law, no person shall make any willful
misrepresentation of a material fact with respect to any
application for relief submitted pursuant to this Section. Any
violation of the provisions of this Subsection shall be considered
a misdemeanor, punishable as otherwise provided in this Code.
14.16.090 Failure to Comply.
A. Penalties. The penalties specified in this Section are
exclusive and the other penalty provisions of this Code are
inapplicable.
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1. The following penalties shall be imposed for each
violation of the General Water Usage Restrictions contained in
Section 14.16.045:
(a) For the first and second violations, the
Utilities Director shall issue a written notice of violation to the
Customer or person.
(b) For a third violation by any Customer within
any twelve (12) month period, a penalty in the sum of Fifty Dollars
($50.00) shall be added to the Customer's water bill. The third
violation by any person within a twelve (12) month period shall
constitute an infraction, punishable by a fine of Fifty Dollars
($50.00) .
(c) For a fourth and any subsequent violation by
any Customer within any twelve (12) month period, a penalty in the
sum of One Hundred and Fifty Dollars ($150.00) shall be added to
the Customer's water bill. The fourth and any subsequent violation
by a person during any twelve (12) month period shall constitute an
infraction, punishable by a fine of One Hundred and Fifty Dollars
is($150.00 ).
(d) In addition to the penalties specified in
Subsection (c) , upon a fourth violation, the Utilities Director may
install a flow restrictor on the meter or meters for which a
Customer is responsible and which are connected to the facility
from which water was discharged in violation of Section 14.16.045.
2. Consumption Restrictions. The following penalties shall
be imposed for each violation of the conservation phase
restrictions then in effect:
(a) For the first and second violations by any Customer,
the Utilities Director shall send a written notice of violation to
the Customer.
(b) For the third violation, a penalty shall be added to
the Customer's next water bill in accordance with the schedule
specified below. The third violation by any person shall
constitute an infraction with a fine imposed in accordance with the
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schedule specified below:
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1. Meter with 3/4 inch service - $50.00
2. Meter with 1 inch service - $100.00
3. Meter with 1 -1/2 inch service - $150.00
4. Meter with 2 inch service - $200.00
5. Meter with 4 inch service - $35100
6. Meter with service larger than 4 inches - $500,00
(c) For a fourth violation by any Customer, the
penalties specified in Subsection (b) shall be doubled and added to
the Customer's next water bill.
(d) The Utilities Director may install a flow restrictor
upon or after the fourth violation by any Customer. The flow
restrictor shall be placed on Customer's meter or meters that
registered the excessive consumption or which were connected to the
facility used to illegally discharge water. Customer may apply to
the Utilities Director for removal of the flow restrictor within
sixty (60) days after installation, provided the Customer pays
Fifty Dollars ($50.00) for removal.
• B. Notice. Prior to the imposition of an penalties or
P Y P
surcharge pursuant to this Section and a right to a hearing to
contest the validity of any such penalty and surcharge. Notice
shall be deemed given when personally delivered to the Customer or
when deposited in the United States mail, first class postage pre-
paid, and addressed in the same manner as normal water billings.
Notices relative to the violation of water consumption reduction
requirements imposed by conservation phases may be given by
specifying the violation, the facts supporting the violation, and
the Customer's right to a hearing in a conspicuous place on the
first water bill sent to the Customer for the Billing Period during
is which the violation occurred. If the penalty assessed is, or
includes, the installation of a flow restrictor or the termination
of water service, notice of the violation shall, in addition to
that specified above, be posted in a conspicuous place on the
property served by the meter or meters which recorded the excessive
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consumption or were connected to the facility from which water was
illegally discharged.
C. Hearing. Any Customer against whom a penalty is levied
pursuant to this Section shall have a right to hearing. The
Customer shall be entitled to be represented by an individual of
• their choice, to present oral and documentary evidence in support
of their appeal, and to review and comment on all evidence offered
to establish the violation.
14.16.100 Applicability.
The provisions of this Ordinance shall be applicable to
persons who receive water from agencies or entities other than the
City of Newport Beach, and any water agency or water district
serving residents of the City of Newport Beach shall enforce the
provisions of this Ordinance.
SECTION 2: Emergency Ordinance No. 91 -3 is hereby
• repealed.
SECTION 3: Severability. The City Council of the City of
Newport Beach hereby declares that should any section, paragraph,
sentence or word of this Ordinance be declared, for any reason, to
be invalid, it is the intent of the Council that it would have
passed all other portions of this Ordinance independent of the
portion declared invalid.
SECTION 4: Savings Clause. Neither the adoption of this
Ordinance nor the repeal of any other ordinance of the City shall,
in any manner, affect the prosecution for violations of ordinances
committed prior to the effective date of the adoption or repeal,
nor be construed as a waiver of any of the penalty or penal
provisions applicable to such violation. The provisions of this
Ordinance, to the extent they are substantially the same as
ordinances previously adopted by the City and relating to the same
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subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 5: This Ordinance was introduced at a regular meeting
of the City Council of the City of Newport Beach held on the 25th
•day of March , 1991, and adopted on the 8 th day of April ,
1991, by the following vote, to wit:
AYES, COUNCILMEMBERS HEDGES, WATT, TURNER,
SANSONE, HART, COX, PLUMMER
NOES, COUNCILMEMBERS NONE
0
1
ABSENT COUNCILMEMBERS NONE
ATTaST:
LER
/1
N
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