§ 14-5-7 Waste of water prohibition.
(A) Waste of Water. For the purposes of this section, WASTE OF WATER shall mean to use, consume or expend water at such a rate that it overflows the basin or object into which it flows, including the landscaped areas of any premises, or sprays from a permanently installed irrigation system with a broken head or emitter, or sprays more than 10% of the total spray from a misdirected emitter, onto the surrounding basin or object, onto public property or into the rights-of-way including gutters, storm drains, ditches or other drainage conveyances. All persons and customers shall prevent waste of water and keep all water outlets closed when not in use. All water outlets, including those used in conjunction with hydrants, urinals, water closets, bathtubs and other fixtures shall not be left running while unattended. The washing of motor vehicles, automobiles, trucks, trailers, boats and other types of mobile equipment shall be done only with a hand held hose equipped with an automatic shut-off nozzle that completely shuts off the flow of water, even if left unattended.
(B) Exceptions. WASTE OF WATER shall not include:
(1) Flow resulting from fire fighting or routine inspections of fire hydrants or from fire training activities.
(2) Water applied to abate spills of flammable or otherwise hazardous materials.
(3) Water applied to prevent or abate health, safety, or accident hazards when alternative methods are not available.
(4) Water that reaches or flows onto adjacent property, public rights-of-way or easements, including private easements when caused by vandalism, wind, rain, emergencies, electrical outages, natural disasters or acts of terrorism.
(5) Flows resulting from a routine inspection or maintenance of the following:
(a) The City’s water utility system;
(b) A private water utility system;
(c) An irrigation district; or
(d) A Homeowners Association.
(6) Water used by the City, a private water utility or an irrigation district in installation, maintenance, repair or replacement of public facilities and structures including, but not limited to, traffic control devices, storm and sanitary sewer structures, and road and street improvements.
(7) Water used by the City, a private utility, or their respective contractors and/or subcontractors for saw cutting of pavement, dust control, compaction or other uses identified under the terms of applicable contracts.
(8) Storm water run-off.
(9) Flows resulting from system failures or malfunctions of the City, a private water utility or an irrigation district’s water or wastewater system.
(10) The uses of water which are necessary to protect public health and safety for essential government services such as police, fire, public works and other similar emergencies.
(C) Violations.
(1) It shall be unlawful for any person to intentionally, knowingly, recklessly, or negligently:
(a) Operate and maintain any irrigation structure, delivery ditch, waste ditch, or any irrigation structure in which said person has a vested right or interest to accept flood irrigation water, so as to permit or cause the escape or flow of flood irrigation water in such quantity as to cause waste of water;
(b) Cause the waste of water such that the overflow or spray:
1. Causes damage to public property or public rights-of-way;
2. Interferes with pedestrian or automobile traffic;
3. Ponds over a cumulative surface area greater than 150 square feet; or
4. Discharges with a depth greater than one-quarter of an inch into a gutter, storm drain, ditch or other drainage conveyance.
(c) Violate the mandatory water use restrictions of a stage 1 (water watch), 2 (water alert) or 3 (water warning curtailment).
(2) It shall be unlawful for any residential, commercial or industrial facility or operation that is within the City’s jurisdiction, or is served flood irrigation waters by an irrigation district, to cause or permit to occur, any waste of water.
(D) Enforcement. The City is authorized to make inspections in the normal course of business or when the City has reason to believe that a violation of this section has been or is being committed, or the City may respond to a complaint of a possible violation. A written notice and/or civil citation may be issued for a violation of this ordinance by the Code Compliance Manager, a Code Compliance Officer, the Director, the Water Conservation Specialist, Prosecutor, or the City Attorney or the City Manager. Service of the written notice or citation may be accomplished and will be deemed proper and complete if a copy thereof is personally served upon the owner, occupant, lessee, agent, or manager of the property; any person of a responsible age present on the property; or is posted in a conspicuous place on or about the property affected by such notice. The authorized issuance official may order, at the discretion of the City Manager, or his or her designee, the installation of flow restriction or reduction devices, or discontinuation of water service if the violator has a previous citation.
(1) Written Notice. A written notice shall contain at a minimum:
(a) The date and location of the alleged violation;
(b) A reference to the City Code provision or ordinance violated;
(c) Recommendations as to how the waste of water can be abated and the time frame within which the waste of water must be abated. The time provided to cease waste of water may range from a requirement of immediate compliance to 30 days, at the discretion of the authorized enforcement official, depending upon the facts and the circumstances of the case;
(d) A warning that civil action may be initiated unless the waste of water ceases within the time frame required for corrective action;
(e) The name, address, telephone number and email address of the authorized enforcement official who issued the written notice;
(f) Any previous citation against the person or property in question; and
(g) The procedure for compliance with the written notice including a re-inspection by the issuing official.
(2) The time period for compliance may be extended if the official issuing the written notice determines that the owner, occupant, lessee, agent, or manager of the property or any person of a responsible age present on the property is making reasonable progress towards compliance. All extensions must be in writing. If, upon re-inspection of the site of the violation by the issuing official, the official is satisfied that the activity previously found to be in violation of this section has been abated, the waste of water case will be closed and no further action will be required of the recipient of the written notice.
(3) Civil Citation. After receipt of a written notice, any person who remains in violation of any provision of this section after the time provided to cease waste of water may also be subject to a civil citation. The civil citation shall be issued and processed in accordance with Article 18-1 of this Code.
(4) Nothing in the section prohibits the City from issuing criminal citations for violations of any provision in this chapter in accordance with Article 1-8. (Ord. 07-1079, passed 8-27-2007; Am. Ord. 08-1142, passed 10-20-2008; Am. Ord. 08-1152, passed 12-15-2008; Am. Ord. 14-1299, passed 8-18-2014. Formerly 14-7-8)
Penalty, see Art. 1-8