The purpose of this article is to provide for a progressive water supply conservation program, including the declaration of a water supply watch, warning or emergency and the implementation of voluntary and mandatory water conservation measures throughout the city in the event such a watch, warning or emergency is declared by the governing body of the City.
(Code 1989; Ord. 668)
The following terms shall have the meaning ascribed to them in this section:
(a) Class 1 means Water used for outdoor watering, either public or private, for gardens, lawns, trees, shrubs, plants, parks, golf courses, playing fields, swimming pools or other recreational area; or the washing of motor vehicles, boats, trailers, or the exterior of any building or structure.
(b) Class 2 means Water used for any commercial or industrial, including agricultural, purposes; except water actually necessary to maintain the health and personal hygiene of bona fide employees while such employees are engaged in the performance of their duties at their place of employment.
(c) Class 3 means Domestic usage, other than that which would be included in either Classes 1 or 2.
(d) Class 4 means Water necessary only to sustain human life and the lives of domestic pets and maintain standards of hygiene and sanitation.
(e) Customer as the term is used in this chapter means the customer of record using water for any purpose from the city's water distribution system and for which a regular charge is made.
(f) Waste of Water includes, but is not limited to (1) permitting water to escape down a gutter, ditch, or other surface drain, or (2) failure to repair a controllable leak of water due to defective plumbing.
(g) Water as used in this article, shall mean water available to the City of Rose Hill for treatment by virtue of the City's water rights, water supply, water supply contracts or any treated water introduced by the City into its water distribution system, including water offered for sale at any coin-operated site.
(h) Water Supply Emergency shall mean the existence of conditions in the water supply system that reduce the volume or pressure of water so that essential public need cannot be met or cannot be met in the near future if present conditions continue.
(Code 1989; Ord. 668; Ord. 735)
In the event that the Governing Body of the City or the City's designated official determines that the City's water supply may be subject to a shortage in supply or the governing body of the City determines there is need for conservation of City's water resources for any reason, the Governing Body may declare a water emergency and implement voluntary and mandatory conservation measures as set forth in this article.
(Code 1989; Ord. 668; Ord. 735)
Upon declaration of a water supply emergency by the Governing Body, the City Administrator is authorized to call on all water customers to employ voluntary water conservation measures to limit or eliminate nonessential water uses including, but not limited to, limitations on the following uses:
(a) Class 1 uses of water.
(b) Waste of water.
(Code 1989; Ord. 668; Ord. 735)
Upon the declaration of a Water Supply Emergency by the Governing Body, the Mayor or City Administrator is authorized to implement certain mandatory water conservation measures, including, but not limited to, the following:
(a) Suspension of new connections to the City's water distribution system, except connections of fire hydrants and those made pursuant to agreements entered into by the City prior to the effective date of the declaration of the water supply emergency;
(b) Restrictions on the uses of water in one or more classes of water use as defined herein, wholly or in part;
(c) Restrictions on the sales of water at coin-operated facilities or sites;
(d) The imposition of water rationing based on any reasonable formula including, but not limited to, the percentage of normal use and per capita or per consumer restrictions;
(e) Complete or partial bans on the waste of water; and
(f) Any combination of the measures in sections 15-405(a-e) as the governing body or authorized city official may deem appropriate and/or necessary.
(Code 1989; Ord. 668; Ord. 735)
Upon the declaration of a water supply emergency, the governing body of the City shall have the power to adopt emergency water rates by ordinance designed to conserve water supplies. Such emergency rates may provide for, but are not limited to:
(a) Higher charges for increasing usage per unit of use (increasing block rates);
(b) Uniform charges for water usage per unit of use (uniform unit rate); or
(c) Extra charges in excess of a specified level of water use (excess demand surcharge).
(Code 1989; Ord. 668; Ord. 735)
During the effective period of any water supply emergency as provided for in this Chapter, the mayor (or city administrator or water superintendent or other authorized city official) is empowered to promulgate such regulations as may be necessary to carry out the provisions of this article, any water supply emergency resolution, or emergency water rate ordinance. Such regulations shall be subject to the approval of the governing body at its next regular or special meeting.
(Code 1989; Ord. 668; Ord. 735)
(a) Upon violation of any water use restrictions imposed pursuant to this chapter, written notice of the initial violation shall be given to the customer or any other person known or believed to be responsible for the property where the violation occurs, or affixed to the property where the violation occurs. Such notice shall include a description of the violation and state the following:
(1) The property is in violation of this chapter and the customer may be assessed an administrative fee and may have water services restricted if violation continues;
(2) The customer or any other person known or believed to be responsible for the property where the violation occurs is ordered to correct, cure or abate such violation within forty-eight hours after receipt of notice;
(3) If the violation is not abated within forty-eight hours, the City or its authorized agent may correct, cure or abate the violation and charge the cost thereof, including reasonable administrative fees established in the water conservation plan for violations of plan restrictions, to the customer;
(4) Such costs and fees, if not timely paid, will be added to the next water bill for the property;
(5) No further notice is required to be given prior to correction, cure, additional charges for ongoing violations, or abatement of violations by the City and correction, cure, or abatement may include disconnection of services;
(b) A fee of $50 shall be paid for the reconnection of any water service terminated pursuant to subsection (a). In the event of subsequent violations, the reconnection fee shall be $100 for the second reconnection and $200 for any subsequent additional reconnections within a 1-year period.
(c) Any customer shall have the opportunity to appeal the charge of an administrative fee or termination of water service by requesting a hearing before the Governing Body or other official designated as a hearing officer by the Governing Body according to the following:
(1) If an administrative fee has been charged on a customer’s water bill, the customer must submit a written hearing request within ten (10) days of the date of the water bill where the administrative fee has been charged.
(2) If termination of water service is proposed or has occurred, the customer must submit a written hearing request within ten (10) days of the written notice of such proposed water termination or within ten (10) days of the shutoff date in instances where water service has been terminated.
(3) All written hearing requests shall be submitted to the city clerk.
(4) If a written hearing request is requested by the specified date, the customer shall be given a full opportunity to be heard.
(5) The Governing Body or designated hearing officer shall make findings of fact and order whether an administrative fee, water restriction, or termination of water service is ordered. If an administrative fee has been charged on a customer’s water bill prior to appeal, the Governing Body has the discretion to order removal of the administrative fee, as well as any necessary adjustment to the bill to reverse the impact of such fee.
(d) Penalties. Any person charged and found guilty in Municipal Court of violating the provisions of this article shall be guilty of a misdemeanor. Each calendar day in which a violation is observed shall constitute a separate offense. The penalty for an initial violation shall be a mandatory fine of $100. In addition, such customer may be required by the Court to serve a definite term of confinement in the city or county jail which shall be fixed by the Court and which shall not exceed 30 days. The penalty for a second or subsequent conviction shall be a mandatory fine of $1,000. In addition, such customer shall serve a definite term of confinement in the city or county jail which shall be fixed by the Court and which shall not exceed 30 days.
(Code 1989; Ord. 668; Ord. 735)
Nothing in this article shall limit the ability of any properly authorized city official from terminating the supply of water to any or all customers upon the determination of such city official that emergency termination of water service is required to protect the health and safety of the public or for any other emergency as required or authorized by ordinance or as deemed necessity of the City by such city official or the governing body of the City.
(Code 1989; Ord. 668)