Loading...
Ordinance 27740006.20001 WSS:klt 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 WSS52427O -1- 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 WSS524270 -2- 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 WSS52427O -3- 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. WSS52427O -4- 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 WSS52427O -5- 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 WSS524270 -6- 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,....... ............... ..........:..:............ ....... .,............ ............. ............... ,....,..................... ...... 1"0. Ek cvtv �IN�C G. PARRET7 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. B-2-1