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HomeMy WebLinkAbout5787ORDINANCE NO. 5 7 8 7 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, CREATING A NEW CHAPTER 13.14 OF THE AUBURN CITY CODE RELATING TO WATER SHORTAGE EMERGENCY RESPONSE REGULATIONS, AS AN EMERGENCY ORDINANCE WHEREAS, the current weather conditions affecting the City of Auburn and the Puget Sound area this summer have included less precipitation than normal, and the result has been a significant reduction of available water in the aquifers upon which the City's water system is dependant; and, WHEREAS, the limitation of the availability of water in these aquifers has reached a point of constituting serious jeopardy to the City's ability to provide necessary water for its customers; and, WHEREAS, in order to accommodate the most critical need for water, human consumption, sanitation, and fire protection, and to protect the public health, safety and welfare, it is necessary to implement a policy that accommodates a response to water shortage emergencies. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN DO ORDAIN as follows: SECTION ONE. ADOPTION OF NEW CHAPTER TO CITY CODE. That a new Chapter 13.14 of the Auburn City Code is adopted to read as follows: Chapter 13.14 Water Shortage Emergency Response Regulations Sections: 13.14.010 13.14.020 13.14.030 13.14.040 Ordinance No. 5787 August 4, 2003 Page 1 Purpose. Authority. Policies and Procedures. Enforcement. 13.14.050 Variances. 13.14.060 Penalties. 13.14.010 Purpose. It is in the public interest to promote the conservation of the City's water supply in order to protect the health, welfare, and safety of water users. To accomplish this declared purpose, the City reserves the right to exercise its police powers through emergency measures as set forth in this Chapter. 13.14.020 Authority. The Mayor, when necessary for the protection of the public health, safety, and welfare, shall have the authority to declare various stages of water emergencies and to implement the water conservation measures set forth in this Chapter. The Mayor shall also have authority to determine whether the various stages of water emergencies and water conservation measures apply to the entire City utility service area or to such portions as may be particularly affected. 13.14.030 Policies and Procedures. The following policies and procedures shall apply during the various stages of water emergencies as set forth in this Section: A. Stage I. Anticipated water shortage. Internal preparations. The Mayor may declare a Stage I water emergency, when a water shortage is anticipated but not immediate. The Public Works Department shall conduct public education efforts regarding the benefits and necessity of conservation by the public. B. Stage II. Serious water shortage. Voluntary conservation. The Mayor may declare a Stage II water emergency, when a water shortage exists such that immediate voluntary reductions in consumption are necessary. The Public Works Department shall conduct an intensified public information campaign and shall coordinate the campaign to encourage voluntary water conservation through news releases and other methods of providing information about conservation methods. C. Stage III. Critical water shortage. Limited outdoor restrictions. The Mayor may declare a Stage III water emergency, when a water shortage exists such that water supplies are critically impacted and water demand must be reduced. The Mayor is authorized to establish certain specified days or hours for irrigating, sprinkling or watering lawns and gardens, and may prohibit or regulate other non-essential uses of water within the water system during such times as there is an actual or impending water shortage, extreme pressure loss in the distribution system, or for any other reasonable cause. The following non-essential uses of water may be prohibited on all properties connected to the City's water system, whether inside or outside of the City: 1. Washing sidewalks, walkways, driveways, parking lots, patios, and other exterior paved areas by direct hosing, except as may be necessary to prevent or eliminate materials dangerous to the public health and safety. 2. Escape of water through breaks or leaks within the customer's plumbing or private distribution system for any period of time beyond which such break or leak should reasonably have been discovered and corrected. It shall be presumed that a Ordinance No. 5787 August 4, 2003 Page 2 period of 48 hours after the customer discovers a leak or break, or receives notice from the City of such leak or break, whichever occurs first, is a reasonable time in which to correct the same. 3. Non-commercial washing of privately owned motor vehicles, trailers, and boats, except from a bucket or hose using a shutoff nozzle for quick rinses. 4. Lawn sprinkling and irrigation which allows water to run off or overspray the lawn area. Every customer is deemed to have knowledge of and control over his or her lawn sprinkling and irrigation at all times. 5. Sprinkling and irrigation of lawns, ground cover, or other plants, between the hours of 9:00 a.m. and 6:00 p.m. or on any day not authorized by the established rotation schedule. 6. Such other uses as the Mayor deems appropriate. D. Stage IV. Emergency water shortage. Mandatory outdoor restrictions and indoor conservation. The Mayor may declare a Stage IV water emergency, when a water shortage exists such that maximum flow reduction is immediately required, water available to the City is insufficient to permit any irrigation, watering, or sprinkling, and all available water is needed solely for human consumption, sanitation, and fire protection. The Mayor may prohibit all non-essential uses of water, including but not limited to all vehicle washing, all lawn watering, and all of the uses Stage III water emergency. The Public Works and Utilities information using every available means to encourage water usage to the maximum extent possible. that may be prohibited for a Department shall disseminate customers to reduce indoor E. Stage V. Regional disaster. Water rationing. The Mayor may declare a Stage V regional disaster water emergency, when a water shortage exists such that water rationing must be implemented and emergency water distribution may be necessary for customers without water. The Mayor is authorized to restrict water use by rationing the amount of water used by residential users to a certain number of gallons per day per person residing within the dwelling unit, by rationing the amount of water used by non- residential users based on a percentage of their historical usage as calculated by the City, and by any other type of rationing as the Mayor deems necessary and appropriate in the circumstances. F. Implementation Requirements. Prior to the implementation and enforcement of any of the above stages, the Mayor shall take reasonable efforts to have information disseminated to affected customers regarding the rationing plan, which shall include, at a minimum, publication in the official newspaper of the City at least once, not less than one week in advance of the effective date of the declaration, information of the declaration of the applicable stage, a description of the limitations and restrictions that would apply, and identification of the effective date of the declared stage and limitations and restrictions. Notwithstanding the publication requirements set forth herein above, if it is determined by the Mayor that exigent circumstances exist that necessitate immediate implementation and enforcement of any particular stages of water emergency, notice to affected customers may be provided by personal service of the notice on said customers, or by posting notices at the customers' residences (if the customers' residences are the affected sites), or by posting notices at the locations Ordinance No. 5787 August 4, 2003 Page 3 where the customers' utility services are received (if the affected sites are not their residences). G. Term of Stage and Scope. The Mayor is also authorized to determine the geographic area to which the declared stage shall apply, and to determine the duration for which the declared stage and its limitations and restrictions shall be in effect. 13.14.040 Enforcement. The Public Works Director or designee, Code EnforCement Officers of the Building Division of the Planning Department or of the Fire Department, or Police Officers of the City, shall have the authority to enforce the provisions of this Chapter 13.14.050 Variances. The Public Works Director may grant temporary variances for the prospective use of water otherwise prohibited by this Chapter. Such temporary variances shall be in writing and shall be based on a determination by the Director that, due to unusual circumstances, application of this Chapter would cause an extraordinary hardship adversely affecting the health, sanitation, or fire protection of the applicant or the public. The Director's determination shall be final unless appealed as follows: A party adversely affected by the Director's determination may appeal the determination to the Mayor or designee within 24 hours of the Director's determination or such later time as the Mayor may designate. The Mayor's determination shall be final and non-appealable. Said 24 hour periods shall exclude Saturdays, Sundays, and legal holidays. 13.14.060 Penalties. Violations of this Chapter shall be punishable as follows: A. The first violation of any provision of this Chapter shall be a civil infraction as proscribed by Chapter 1.25 of the City Code, and as prescribed by RCW 7.80.120(a), as now enacted or hereafter amended. Infractions shall be processed pursuant to the authority and provisions set forth in Chapter 7.80 RCW, as now enacted or hereafter amended, Chapter 1.25 of the City Code, as now enacted or hereafter amended, and the Infraction Rules for Courts of Limited Jurisdiction. B. For any second or subsequent violation of any provision of this Chapter the violator may be charged as a misdemeanor punishable by imprisonment in jail for a maximum term fixed by the court of not more than ninety (90) days, or a fine in an amount fixed by the court of not more than one thousand dollars ($1,000), or both such imprisonment and fine. SECTION TWO. GENERAL SEVERABILITY. That if any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid, the remainder of such code, ordinance or regulation or the application thereof to other person or circumstances shall not be affected. SECTION THREE. RATIFICATION. That any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 5787 August 4, 2003 Page 4 SECTION FOUR. IMPLEMENTATION. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. SECTION FIVE. EMERGENCY ORDINANCE EFFECTIVE IMMEDIATELY. That this Ordinance, adopted by a majority plus one of the City Council, is declared to be necessary for the immediate preservation of health, safety and welfare, and shall be effective immediately upon passage. The provisions of this Ordinance shall also, thereafter, be published by Ordinance Summary, as required by law. INTRODUCED: AUG ,~ 2.003 PASSED: AUG ,,l ~ APPRO~~03 ATTEST: DaRielle E. Daskam, City Clerk Daniel B. He~, City Attorney PUBLISHED: Ordinance No. 5787 August 4, 2003 Page 5