Ordinance 27740006.20001
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05/17/90
ORDINANCE NO. 2774
AN ORDINANCE OF THE CITY OF EDMONDS, AMENDING
CHAPTER 7.10 OF THE EDMONDS CITY CODE PROVIDING
FOR WATER USAGE RESTRICTIONS, ESTABLISHING
ADMINISTRATIVE PROCEDURES FOR A WATER SHORTAGE
RESPONSE PLAN, DELEGATING RULE MAKING AUTHORITY,
IMPOSING MONETARY AND OTHER PENALTIES, AND
FIXING A TIME WHEN THE SAME SHALL BE EFFECTIVE.
WHEREAS, the City's water supply is subject to weather
conditions and other emergencies and, therefore, usage reductions
may be required to assure an adequate supply for essential needs;
and
WHEREAS, the City is supplied water in part by the
Seattle Water Department, and that this water supplier has
requested that the City of Edmonds provide for measures and
authority to impose emergency water restrictions and sanctions to
conserve water consumption during such emergency in accordance
with a Water Shortage Response Plan; and
WHEREAS, unrestricted water use for non -essential
purposes during water emergencies will endanger the adequacy of
the water supply for essential needs; and
WHEREAS, compliance with said restrictions will be
encouraged by imposition of additional charges for water usage in
excess of authorized usage during an emergency; and
WHEREAS, the City will incur additional costs to
maintain water supply during periods of emergency and additional
charges imposed upon customers who exceed restrictions will
offset such costs; and
WHEREAS, the City Council recognizes the critical
importance of an immediate response by the City in the event of
any water supply emergency; and to provide this response, the
Community Services Director or his/her designee, shall be granted
limited authority to implement the Water Shortage Response Plan
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until such time that the City Council may convene in a special or
regular session, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 7.10.060 LIMITATION ON WATER USE
is hereby amended as follows:
7.10.060 LIMITATION ON WATER USE
In the event that a supplier notifies the City
of a shortage of water or the Director
reasonably determines such a shortage to be
imminent, the Community Services Director or
his/her designee is authorized to implement the
Water Shortage Response Plan in order to
efficiently safeguard the safety and health of
the general public or to provide for the public
convenience. The use of water in the city, or
in any portion thereof, for irrigation, cooling,
sprinkling or other uses may be forbidden,
restricted, or regulated and such regulations
may be made effective as to all customers or as
to particular classes of customers. Rationing
may be imposed during any shortage of water,
either in lieu of or in addition to other
measures hereby authorized.
A. Upon receiving notification from a water
supplier of an impending water emergency,
the Community Services Director will notify
the Mayor and City Council within twenty-
four (24) hours or on the next business day
that a water emergency will be or has been
declared.
B. The Mayor or Community Services Director
will issue a public notification of the
declaration of water emergency and
imposition of restrictions.
C. Restrictions will be in effect immediately
upon issuance of the public notification.
Restrictions and the amount of surcharge for
violations of mandatory restrictions will be
posted and published within seven (7) days
of declaration at least one time in a daily
newspaper of general circulation. Notifica-
tion will be delivered to television and
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radio stations to provide public information
coverage.
D. For emergencies when restrictions may extend
beyond twenty-one (21) days, public hearing
before the City Council will be scheduled by
the Community Services Director within seven
(7) days following the declaration of
emergency.
Section 2. Chapter 7.10 is hereby amended by the
addition of a new Section 7.10.061 to read as follows:
7.10.061 WATER RESTRICTIONS - POWERS OF THE
CITY
The Community Services Director or his/her
designee shall conduct public education efforts
regarding the benefits and necessity of
conservation by the public, and is authorized to
promulgate such rules and regulations as may be
necessary to implement water use restriction.
The regulations will be on file with the City
Clerk, and the regulations and any amendment
thereto shall be effective thirty (30) days
after said filing with the City Clerk. The
Community Services Director or his/her designee
is further authorized to make exceptions to such
restrictions in specific cases as he/she finds
reasonable which may in the Director's
discretion include, but are not limited to,
watering newly seeded or sodded lawns, food
sources, landscape ornamental plantings required
by the Architectural Design Board, when
necessary to alleviate unnecessary economic
hardship to commercial or industrial activities,
or to prevent possible damage to health, safety
or welfare.
Section 3. 7.10 is hereby amended by the addition of
a new Section 7.10.062 to read as follows:
7.10.062 WATER RESTRICTIONS - SURCHARGE
It is unlawful for any person to violate water
use and restrictions and violation of these
provisions shall be a misdemeanor punishable
under the general penalty provisions of this
code. In addition to other lawful remedies, the
Community Services Director or his/her designee
is authorized to impose a surcharge for the
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first occurrence after a documented warning
notice and each subsequent violation in which a
customer's water usage practices exceeds water
conservation restrictions as provided for in
this chapter. Said surcharge will be added to
and become a part of the water bill for the
customer in addition to any service rate amounts
as set forth in Chapter 7.10. Prior to the
imposition of the first surcharge, a Public
Works Division representative shall deliver in
person or post a notice at the service address
advising of the customer's water usage practices
in excess of mandatory water shortage
restrictions and advising that a surcharge may
be imposed for any further violations. A copy
of the violation notice shall also be mailed to
the owner and/or occupant. The Community
Services Director shall promulgate regulations
providing for appeal of any notice of
violation. Appeals must be received within five
(5) working days of delivery of notice of
violation.
A. Surcharges for violations of water
restrictions in effect for the balance of
1990 and until thereafter adjusted shall be:
$25.00 for first violation
$50.00 for each violation thereafter
B. Surcharges for all customer classes will be
reviewed annually based on actual or
projected expenses of the Water Division
necessary to maintain a water supply during
an emergency.
Section 4. 7.10 is hereby amended by the addition of
a new Section 7.10.63 to read as follows:
7.10.063 ENFORCEMENT
A. The Community Services Director, or his/her
designee, including any employee of the City
of Edmonds Public Works Division, or field
personnel of the Community Services
Department, or police officer of the City,
shall have the authority to enforce the
provisions of this chapter.
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B. In addition to the surcharges provided in
§ 7.10.062, the Community Services Director
or his/her designee is authorized to install
a water restricting device on the waterline
or lines serving any person who commits a
second or subsequent violation of any of the
provisions of this chapter. Alternatively,
after such notice of a violation as may
reasonably be given based on the
circumstances, the Community Services
Director or his/her designee may cause water
service to be terminated for subsequent or
continuing violation of water conservation
restrictions.
Section 5. If any section, subsection, sentence,
clause, phrase, part or portion of this ordinance is for any
reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section 6. This ordinance, being an exercise of a
power specifically delegated to the City legislative body, is not
subject to referendum, and shall take effect five (5) days after
publication of the ordinance or a summary thereof consisting of
the title.
APPROVED:
MAYOR, Y N UGHT N
ATTEST/AUTHENTICATED:
IT CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY,ATTORNEY:
r
BY
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FILED WITH THE CITY CLERK: May 17, 1990
PASSED BY THE CITY COUNCIL: May 22, 1990
PUBLISHEb: May 27, 1990
EFFECTIVE DATEt June 1 , 1990
ORDINANCE NO. 2774
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Affidavit of Publication
STATE OF WASHINGTON,
ss.
COUNTY OF SNOHOIAISH,
SUMMARY RF The undersigned, being first duly sworn on oath deposes and says
OROoffile rNO.2774 that she is Principal Clerk of THE HERALD, a daily newspaper
of the E N Of p Y
Edmonds WOW
on the Tnd day of Mav 1990 printed and published in the City of Everett, County of Snohomish,
the CIfY council, of kle �>hY of
€drl. ,Passed Ordinance No.
777d. A summnrY Of the cOnfenl and State of Washington; that said newspaper is a newspaper of
of Sold Ordinance, Comisfinv of
AN ORt pprroYldes as fell
general circulation in said Count and State; that said newspaper
AN ORbINANCE QF THE CITY g Y
QF YIFR 7. AMENDING
THE has been approved as a legal newspaper by order of the Superior
C1iA�TER 7.{0 OF THE
EOMON05 CITY COOS ESTA13-
USHM0 DMIN15TRAYIVE
—n. rniior& FOR A WATER Court of Snohomish County and that the notice ....:......:.....:......................
Summary of Ordinance No. 2774
Will Ge m011ed Upon request.
OATE0 lhis 2Ynd dOY of 1VIpy,.......
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Fuufthed' M6Y 27, 1990.
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
May....27.,.1990...........:......
and that said newspaper was regularly distributed to its subscribers
during all of said period.
/ . ;
Principal Clerk
Subscribed and sworn to before me this........2 9 t h
day of .................. ....... MaY........ 1990...
Not y ublic i and for the State of Washington,
res' i g at Everett* Snohomish County.
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