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HomeMy WebLinkAbout6844 ORDINANCE NO. 6844 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 13.14.010, 13.14.020, 13.14.030, 13.14.050 AND 13.14.060, AND REPEALING AUBURN CITY CODE (ACC) 13.14.040 REGARDING MANAGING THE CITY'S WATER SUPPLY WHEREAS, RCW 35.21.210 and RCW 35.92.010 empower the City to establish, maintain, control, regulate and manage its water supply for the purpose of furnishing water to the City and its inhabitants; WHEREAS, the City's water supply is divided into two separate water systems: one currently serving 12 residential customers in the Hidden Valley/Braunwood neighborhood (HVB) from a single well with a limited water right, and one serving the remainder of the City; WHEREAS, periodic drought conditions, excessive customer water use and other causes can threaten the City's ability to ensure an adequate water supply, particularly in the HVB water system given its limited size, single source of supply, and separation from the rest of the City's water supply; WHEREAS, in monitoring water usage in HVB, the City's Public Works Department observed excessive irrigation water use in HVB that nearly tripled HVB's overall average water use. Coupled with drought conditions, this high water use put HVB in danger of entirely running out of water since the total amount of water that can be produced annually is limited by the well's water right. Accordingly, in August and September, 2021, the Mayor proclaimed a water emergency for HVB pursuant to ACC 13.14; Ordinance No. 6844 January 13, 2022 Page 1 of 3 Rev.2019 WHEREAS, implementing ACC 13.14 to respond to the HVB emergency revealed that ACC 13.14 contains repetitive procedural requirements involving city staff, administration and the City Council that inhibited and slowed the City's ability to quickly and efficiently address a water emergency; WHEREAS, through prior enactment and Council adoption of a Water Shortage Contingency Plan, the City's Public Works Department is able to determine the measures and procedures needed to adequately respond to a current or anticipated water shortage or emergency; WHEREAS, the City finds that ACC 13.14 should be amended to remove repetitive procedural barriers to an effective water emergency response and to streamline the City's ability to efficiently take needed steps to ensure an adequate water supply, which are in the City's best interests and consistent with the City's purpose of furnishing an ample water supply to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendments to Chapter 13.14 of the Auburn City Code. Sections 13.14.010, 13.14.020, 13.14.030, 13.14.050 and 13.14.060 of the Auburn City Code shall be amended as set forth in Exhibit A to this Ordinance; Section 2. Repeal of City code section. As language from ACC 13.14.040 has been moved and incorporated into ACC 13.14.060 as amended by this Ordinance, Section 13.14.040 of the Auburn City Code is repealed. Section 3. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Ordinance No. 6844 December 10, 2021 Page 2 of 3 Rev. 2019 Section 4. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 5. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: JAN 1 8 2022 PASSED: JAN 1 8 2022 APPROVED: JAN 1 8 2022 rOAA ra-0414 N NCY B:: US, MAYOR ATTEST: APPROVED AS TO FORM: 2\ c? CAPN21,UA Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney Published: l oiY11101111il 1.0 7W1, IY1 The Sea k t -virus Ordinance No. 6844 December 10, 2021 Page 3 of 3 Rev.2019 EXHIBIT A ACC 13.14.010 Purpose. It is in the public interest to conserve the city's water supply in order to protect the health, welfare, and safety of water users. To accomplish this declared purpose, the city exercises reserves the right to exercise its police powers and its State law authority by enacting • - - - - .. - - - - ••• - - - - - - • • •• this chapter. ACC 13.14.020 Authority of Mayor in responding to water shortage or emergency. T_The mayor may order water use restrictions and conservation measures rwhen necessary to protect for the protection of the public health, safety, and welfare during a water shortage or emergency caused by drought conditions, city water utility damage or destruction, or any other cause threatening to disrupt or diminish the City's water supply below its ability to meet normal water demands. , • - - • - - . • - - - - - - - affected. ACC 13.14.030 Policies and procedures in responding to water shortage or emergency. The City shall use the following policies and procedures when responding to a water shortage or emergency • - - - - e - • - - - - •- - - - - - - •• - - - - set forth in this section: A. Mayor's proclamation of water shortage or emergency. The Mayor may proclaim a water shortage or emergency in response to a current or threatened water supply disruption or diminution as described by ACC 13.14.020. 1. The Mayor's proclamation shall: a. direct the Department of Public Works to implement water use restrictions and/or conservation measures necessary to address the proclaimed shortage or emergency; and b. if they can reasonably be determined, identify the geographic area of the proclaimed water shortage or emergency, and specify the duration of any corresponding water use restrictions or conservation measures. 2. Any such proclamation by the Mayor shall at the earliest practicable time be presented to the city council for ratification and confirmation, modification, or resection and, if rejected, shall thereafter be void. B. Public Works Department response. Subject to subsection A.2, upon the Mayor's issuance of a water shortage or emergency proclamation, the City's Public Works Department shall implement appropriate water use restrictions and/or conservation measures from the City's Water Shortage Contingency Plan as currently adopted and as amended in the future by the Public Works director. Before implementation of water use restrictions or conservation measures, the Department shall make reasonable attempts to notify any water customers affected by these actions and their implementation. C. City not liable. As a result of and/or during a proclaimed water shortage or emergency, the City shall not be responsible or liable for any damage resulting from any interruptions in the water supply. .. . eee -- . • - - - - same- 1•11 ::41! • • - • - -e oche. E. Stage V Regional Disaster Water Rationing. The mayor may declare a Stage V .. where the customers' utility services are received (if the affected sites are not their residences). 1,3.14.040 Enforcement. ACC 13.14.050 Variances. A. Authority to grant variances. Unless otherwise ordered by the Mayor, Tthe public works director may grant temporary written variances for the prospective-use of water otherwise prohibited by this chapter. Such temporary-variances shall shall-be based on the dOirector's a-determination by the director that_, due to unusual circumstances exist and that applying , this chapter would cause an extraordinary hardship that adversely affectsing the applicant's or public's health, sanitation, or fire protection . B. Appeal. -• " - ' " '• - •- - • - . • - - * e•- - e - : - A party adversely affected by the ddirector's decision may appeal the determination-to the mayor or designee within 24 hours of the decision, excluding Saturdays, Sundays and legal holidays. -- - - • - •• - •- - - -• - - •••- - mayor may designate The appeal decision of the mayor or designees determination-shall be final and non-appealable. - •- - e• •- - • - - - - - - ACC 13.14.060 Enforcement authority and Penalties for violation. The provisions of this chapter may be enforced by the Public Works director or designee, code enforcement officers, or police officers. 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 ACC, and as proscribed by RCW 7.80.120(1)(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 ACC, 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 90 days, or a fine in an amount fixed by the court of not more than $1,000, or both such imprisonment and fine.