5204ORDINANCE NO. 5204
AN ORDINANCE OF THE CITY OF ANAHEIM
ADDING CHAPTER 10.18 TO TITLE 10 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO
WATER SHORTAGES.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION I.
That Chapter 10.18 be, and the same is hereby, added to
Title 10 of the Anaheim Municipal Code, to read as follows:
1110.18.010 Policy and Purpose.
It is declared that because of the conditions prevailing in
the City of Anaheim, in other areas of the State of
California and elsewhere from which the City obtains its
water supplies, the general welfare requires that the water
resources available to the City be put to the maximum
beneficial use possible, and that the waste or unreasonable
use or unreasonable method of use of water be prevented,
and the conservation of such water be exercised with a view
to the reasonable and beneficial use thereof in the
interest of the people of the City for the public welfare.
The purpose of this chapter is to provide Water Shortage
procedures with voluntary and mandatory provisions to
minimize the effect of a Water Shortage 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
while reducing the hardship on the City and the general
public to the greatest extent possible.
10.18.020 Definitions.
As used in this chapter:
.010 "Base" means the amount of water used on a Customer's
premises during the corresponding billing period in a year
preceding the year in which the Water Shortage Period
commenced, as selected and established by the Department.
Any Customer who was not a Customer on the premises for
which the service was billed by the Department during the
Base Period shall be assigned the same Base for such or
similar premises as provided above, provided, however, the
Department shall have the 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 Base Period.
.020 "Base Period" means that period of time over which
the Base is computed.
.030 "Billing Unit" means the unit amount of water used to
apply water rates for the purposes of calculating commodity
charges for Customer water usage and equals 100 cubic feet
or 748 gallons of water.
.040 "City" means the City of Anaheim, California.
.050 "City Council" means the legislative body of the
City.
.060 "Customer" means any person, persons, association,
partnership, corporation, governmental agency or other
entity supplied and billed for water service by the
Department.
.070 "Department" means the Public Utilities Department of
the City.
.080 "Drought Surcharge" means a rate surcharge designed
to provide Base level service with consumption above such
Base level service priced at an incrementally increasing
cost per Billing Unit.
.090 "General Manager" means the General Manager of the
Department.
.100 "Process Water" means water used to manufacture,
alter, convert, clean, heat, or cool a product or the
equipment for such purposes; water used for plant and
equipment washing and for transporting raw materials and
products; and water used to grow trees or plants for sale
or installation.
.110 "Water Conservation Fund" means a revenue balancing
account set up to receive those monies which may be
generated by a Drought Surcharge or by penalties. These
monies may be used to stabilize rates following the City
Council's finding that a Water Shortage no longer exists.
.120 "Water Shortage" means a condition in which the
existing or projected water supply available to the City is
not anticipated to meet the ordinary water requirements of
the Department. This condition may be the result of
factors including but not limited to voluntary or mandatory
curtailment of Anaheim's water allocation from the
Metropolitan Water District of Southern California ("MWD"),
emergency conditions, and/or failure of the City's or its
supplier's water distribution systems.
.130 "Water Shortage Period" means the period beginning on
the effective date of the City Council's resolution finding
that a water shortage exists and ordering the
implementation of a Water Shortage Plan as provided in this
chapter and ending on the date of the City Council's
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finding that a Water Shortage no longer exists.
10.18.030 Authorization.
.010 The various officers, departments, commissions, and
agencies of the City are authorized and directed to implement
the applicable provisions of this chapter upon the effective
date hereof.
.020 All persons employed, hired or contracted for by the City
as Drought Enforcement Officers
are authorized to issue criminal
10.18.170 and 1.01.370 of this
persons or entities violating
chapter.
10.18.040 Application.
or Water Conservation Advisors
citations pursuant to Sections
code to any and all customers,
any of the provisions of this
The provisions of this chapter shall apply to all Customers
and property served water by the Department wherever
situated, and shall also apply to all property and
facilities owned, maintained, operated, or under the
jurisdiction of the various officers, departments,
commissions, and agencies of the City. The provisions of
this chapter are in addition to, and not in lieu of, the
provisions of Section 10.16.380 of this Code relating to
curtailed supply of electricity or water.
10.18.050 Water Shortage Plan Implementation.
The Department shall monitor and evaluate the projected
supply and demand for water by its Customers. In the event
of a Water Shortage, the Department shall recommend to the
City Council such Water Shortage Plan(s) as provided in
this chapter which permit the Department to prudently plan
for and supply water to its Customers. Upon finding that
a Water Shortage exists, the City Council may, by
resolution, order implementation of such Water Shortage
Plan(s) as provided in this chapter which it deems
appropriate to address that Water Shortage. At any time
during the Water Shortage Period, the City Council may
discontinue any plan or may implement another plan as
provided in this chapter. Upon a finding by the City
Council that the Water Shortage no longer exists, any Water
Shortage Plan then in effect shall terminate. If not
sooner terminated, a Water Shortage Plan shall
automatically terminate five (5) years after the date of
its implementation unless renewed by resolution of the City
Council.
10.18.060 Water Shortage Plan I.
Upon the adoption of a resolution by the City Council
ordering the implementation of Water Shortage Plan I, the
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following provisions shall take effect:
.010 The Department may recommend to the City Council the
implementation of, or amendment to, a Drought Surcharge or
other rate revisions necessary to encourage water
conservation efforts, purchase additional supplies of
water, and pay for costs to the Department associated with
the Water Shortage. If approved by the City Council at the
time of ordering implementation of Water Shortage Plan I or
at any time thereafter, such Drought Surcharge or rate
revisions shall be adopted by resolution of the City
Council and shall be prorated if adopted after the
commencement of a full billing period.
.020 All persons and Customers of the Department shall be
encouraged to reduce water usage on a voluntary basis by taking
the following water conservation measures:
a. Refrain from hosing or washing sidewalks, walkways,
driveways, parking areas or other paved surfaces;
b. Refrain from cleaning, filling, or maintaining levels
in decorative fountains, ponds, lakes, and similar
structures unless such structure is equipped with a water
recycling system;
C. Refrain from serving drinking water, unless at the
express request of a patron, in all restaurants, hotels,
cafes, cafeterias, or other public places where food is
sold, served, or offered for sale;
d. Promptly repair all leaks from indoor and outdoor
plumbing fixtures, including but not limited to sprinkler
systems;
e. Refrain from allowing water to run off landscaped areas
into adjoining streets, sidewalks, parking lots, or alleys;
f. Refrain from allowing water to run off into adjoining
streets, sidewalks, parking lots or alleys while washing
vehicles;
g. Refrain from landscape watering more often than three
times per week, except that there shall be no restriction
on landscape watering utilizing reclaimed wastewater;
h. Refrain from landscape watering between the hours of
10:00 a.m. and 5:00 p.m.;
i. Refrain from filling or refilling a swimming pool.
10.18.070 Water Shortage Plan II.
Upon the adoption of a resolution by the City Council
ordering the implementation of Water Shortage Plan II, the
following provisions shall take effect:
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.010 The Department may recommend to the City Council the
implementation of, or amendment to, a Drought Surcharge or
other rate revisions, to encourage conservation efforts,
purchase additional supplies of water, and pay for costs to
the Department associated with the Water Shortage. If
approved by the City Council at the time of ordering
implementation of Water Shortage Plan II or at any time
thereafter, such Drought Surcharge or rate revisions shall
be adopted by resolution of the City Council, and shall be
prorated if adopted after the commencement of a full
billing period.
.020 The following uses of water are prohibited and shall
be unlawful during a Water Shortage Period in which the
City Council has ordered implementation of Water Shortage
Plan II:
_ a. No Customer shall use or allow the use of water from the
Department to hose or wash sidewalks, walkways, driveways,
parking areas or other paved surfaces on the Customer's
premises;
b. No Customer shall use or allow the use of water from the
Department to fill or maintain water levels of decorative
fountains, ponds, lakes, and similar structures on the
Customer's premises unless such structure is equipped with
a water recycling system;
c. No restaurant, hotel, cafe, cafeteria, or other public
place where food is sold, served, or offered for sale shall
serve drinking water from the Department unless at the
express request of a patron;
d. No Customer shall allow water from the Department to
leak from any facility on the Customer's premises under the
Customer's control or fail to effect a timely repair of any
such leak;
e. No Customer shall cause or allow water from the
Department to run off landscaped areas on the Customer's
premises into adjoining streets, sidewalks, parking lots,
or alleys due to incorrectly directed or maintained
sprinklers or excessive watering;
f. No Customer shall use or allow the use of water from
the Department for landscape watering on the Customer's
premises more often than three times per week, except that
there shall be no restriction on landscape watering
utilizing reclaimed wastewater;
g. No Customer shall use or allow the use of water from
the Department for landscape watering on the Customer's
premises between the hours of 10:00 a.m. and 5:00 p.m.;
h. No Customer shall use or allow the use of water from
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the Department to refill a swimming pool emptied after the
commencement of a Water Shortage Period.
.030 At the written request of the General Manager, all
commercial and industrial Customers using 25,000 Billing Units
per year or more shall submit a water conservation plan to the
Department on a form and with a content approved by the
Department. These Customers shall thereafter submit quarterly
reports to the Department on the progress of their planned
conservation efforts.
.040 After first determining by appropriate means that the
Customer is absent from or unavailable at the premises, any
designated employee of the City of Anaheim is authorized to
enter upon the premises to abate water leaking on the exterior
of a Customer's premises, running off landscaped areas on a
Customer's premises into adjoining streets, sidewalks, parking
lots or alleys, or landscape watering occurring during hours or
on days prohibited pursuant to subsection 10. 18. 070.020(g). The
Department shall, within twenty-four hours after such abatement
occurs, mail notice of the action taken to the Customer at the
address at which the Customer is normally billed by the
Department.
10.18.080 Water Shortage Plan III.
In addition to those measures implemented as part of Water
Shortage Plan II, the City Council may, by resolution, prohibit
the use of water from the Department during any billing period
for any purpose in an amount in excess of a specified percentage
of a Customer's Base, such percentage and such Base Period to be
specified in the same resolution.
10.18.090 Application for Relief.
.010 A Customer may file with the Department an
application for relief from the water use limitations
adopted by the City Council pursuant to Section 10.18.080
hereof. The Department shall have the power to take such
steps as it deems reasonable and to set up such procedures
as it considers necessary to resolve such applications for
relief. In determining whether to grant relief and the
nature of the relief to grant, the Department shall take
into consideration all factors relevant to the Customer's
water usage, including but not necessarily limited to the
following (as applicable):
a. Whether any additional reduction in the Customer's
water consumption will result in unemployment (commercial
and industrial only);
b. Whether additional members have been added to the
Customer's household (residential only);
c. Whether any additional landscaped property has been
added to the Customer's premises subsequent to the Base
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Period but prior to the effective date of the resolution
implementing Water Shortage Plan III;
d. Changes in vacancy factors in multi -family housing;
e. Increased number of employees in commercial,
industrial, and governmental offices;
f. Increased production requiring increased Process Water;
g. Water uses during new construction;
h. Adjustments to water use caused by emergency, health,
or safety hazards;
i. First filling of a permit -constructed swimming pool;
j. Water use necessary for reasons of family illness or
health; and
k. Whether the Customer had, prior to the Water Shortage,
taken measures to reduce the Customer's water consumption
to the greatest extent possible.
.020 Relief shall be granted only on a showing by the
Customer that the Customer has achieved the maximum
practical reduction in water consumption, when all relevant
factors are considered. No relief shall be granted to any
Customer who, when requested by the Department, fails to
provide the Department with information necessary for the
Department to resolve the Customer's application for
relief.
10.18.100 Exceptions.
The prohibited uses of water from the Department provided
in this chapter are not applicable to that use of water
determined by the Department to be necessary for public
health and safety, or for essential governmental services
such as fire, police and emergency services. Nothing
contained in this chapter shall be construed to require the
Department to curtail the supply of water to any Customer
when, in the discretion of the Department, such water is
required by that Customer to maintain an adequate level of
public health and safety.
10.18.110 Additional Water Shortage Measures.
The City Council may order implementation of other water
conservation measures in addition to those set forth in
Sections 10.18.060, 10.18.070 and 10.18.080. Such
additional Water Shortage measures shall be implemented in
the manner provided in this chapter under Section
10.18.050, Water Shortage Plan Implementation.
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10.18.120 Penalties.
.010 The City Council shall by resolution, pursuant to the
recommendation of the General Manager, establish a schedule of
penalties, up to and including termination of service, to be
assessed for the violation of any of the provisions of Section
10.18.070 Water Shortage Plan II and Section 10.18.080 Water
Shortage Plan III.
.020 The penalties imposed pursuant to subsection 10.18.120.010
may be collected by adding same to the Customer's water bill, in
which case they shall be payable at the same time and in the
same manner as such bills, or by such other method of collection
and payment as established by the Department.
.030 The penalties applicable upon violation of additional
Water Shortage measures implemented in accordance with Section
10.18.110, Additional Water Shortage Measures and the manner in
which notice of such violation shall be given shall be set forth
in the resolution ordering implementation of such additional
water conservation measures. Said resolution shall also specify
the applicability, if any, of Sections 10.18.140, Right to
Hearing - Stay and 10.18.090, Application for Relief, to such
violations.
10.18.130 Notices of Violation.
.010 The Department shall give notice of violation to any
Customer violating any of the provisions of Sections
10.18.070 and/or 10.18.080. Said notice shall contain, in
addition to the facts of the violation, a statement of the
penalties for each violation and a statement informing the
Customer of his right to a hearing on the merits of the
violation.
.020 If the penalty imposed for the violation does not result
in a curtailment of water supplied, notice of violation shall be
given by sending a copy through the regular mail to the address
at which the Customer is normally billed by the Department.
.030 Notice of a violation for which a penalty resulting
in the curtailment of water supply is imposed shall be
given in the following manner:
a. By giving written notice thereof to the Customer
personally; or
b. If the Customer is absent from or unavailable at the
premises at which the violation occurred, by leaving a copy
with some person of suitable age and discretion at said
premises and sending a copy through the regular mail to the
address at which the Customer is normally billed by the
Department; or
C. If a person of suitable age or discretion cannot be
found, then by affixing a copy in a conspicuous place at
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the premises at which the violation occurred and also
sending a copy through the regular mail to the address at
which the Customer is normally billed by the Department.
10.18.140 Right to Hearing - Sta
Any Customer receiving a notice of violation of any
provisions of this chapter shall have a right to a hearing
by the General Manager, or his/her designee, on the merits
of the violation upon that Customer's written request to
the Department. The Customer's written request for a
hearing must be received by the Department within ten (10)
working days of the date of notification of the violation
or the Customer's right to a hearing shall be deemed
waived. The Customer shall be deemed notified of a
violation upon personal delivery of the notice to the
Customer or, if personal delivery is not given, the date on
which the notice is placed in the regular mail, postage
prepaid. The Customer's timely written request for a
hearing shall automatically stay the imposition of any
penalty until the General Manager, or his/her designee,
renders a decision. No other further stay will be granted
by the Department. The Department shall issue regulations
to govern the contents of the request for hearing and the
manner in which such hearings may be conducted. The
decision of the General Manager, or his/her designee shall
be final and conclusive.
10.18.150 Reservation of Rights.
The rights of the Department hereunder shall be cumulative
to any other right of the Department to discontinue
service. All monies collected pursuant to Section
10.18.120 Penalties shall be deposited in the Water
Conservation Fund.
10.18.160 Willful Misrepresentations.
Notwithstanding any other provision of law, and in addition
thereto, and not in lieu thereof, any person or entity who
willfully misrepresents a material fact to the Department
for the purpose of securing relief from the provisions of
this chapter for any Customer shall be guilty of a
misdemeanor. A violation of this section shall be
punishable by a fine not exceeding the sum of $500.00, or
by imprisonment in the county jail for a period not to
exceed six (6) months, or by both such fine and
imprisonment.
10.18.170 Violations of Chapter.
In addition to any penalty or remedy otherwise provided pursuant
to this chapter or which may be otherwise available by law, and
not by way of limitation, any violation of any provision of this
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chapter shall constitute a misdemeanor and shall be punishable
as set forth in Section 1.01.370 of this Code."
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, 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 elimination
herefrom of any such portion as may be declared invalid.
SECTION 3. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of
any other ordinance of this City shall in any manner affect the
prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as a
waiver of any license or penalty or the penal provisions applicable
to any violation thereof. The provisions of this ordinance, insofar
as they are substantially the same as ordinance provisions previously
adopted by the City relating to the same subject matter, shall be
construed as restatements and continuations, and not as new
enactments.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 26th day of February 1 1991-
S/
OR OF THE CITY OF ANAHEIM
TEST;
CITY CLERK OF THE Y OF ANAHEIM
LAMM:dn1
O17C1018.175
020491
10
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance No. 5204 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 12th day of February, 1991,
and that the same was duly passed and adopted at a regular meeting of said City
Council held on the 26th day of February, 1991, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 5204 on the 27th day of February, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 27th day of February, 1991.
A4 CITY CLERK OF THE CITYAF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Ordinance No. 5204 and was -published once in
the Anaheim Bulletin on the 8th day of March, 1991.
--- N. jlot4w���
CITY CLERK OF THE CITY VANAHEIM