CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 10. WATER CONSERVATION

The purpose of this ordinance is to provide for a progressive water supply conservation program, including the declaration of a water supply watch, warning or emergency and the implementation of voluntary and mandatory water conservation measures throughout the City in the event such a watch, warning or emergency is declared by the City Administrator and/or Mayor.

(Ord. 976; Code 1974, Chapter 13.48; Ord. 1050; Ord. 1089; Code 2014)

(a)   “Water,” as the term is used in this ordinance, shall mean water available to the City of Oakley for treatment by virtue of its water rights or any treated water introduced by the City into its water distribution system, including water offered for sale at any coin-operated site.

(b)   “Customer,” as the term is used in this ordinance, shall mean the customer of record using water for any purpose from the City’s water distribution system and for which either a regular charge is made or, in the case of coin sales, a cash charge is made at the site of delivery

(c)   “Waste of water,” as the term is used in this ordinance, includes, but is not limited to:

(1)   permitting water to escape down a street, roadway or other surface intended for vehicle driving purposes, and/or any gutter, ditch, or other surface drain; or

(2)   failure to repair a controllable leak of water due to defective plumbing.

(d)   The following classes of uses of water are established:

Class 1: Water used for outdoor watering; either public or private, for gardens, lawns, trees, shrubs, plants, parks, golf courses, playing fields, swimming pools or other recreational areas; or the washing of motor vehicles, boats, trailers, or the exterior of any building or structure.

Class 2: Water used for any commercial or industrial, including agricultural, purposes: except water actually necessary to maintain the health and personal hygiene of bona fide employees while such employees are engaged in the performance of their duties at their place of employment.

Class 3: Domestic usage, other than that which would be included in either class 1 or 2.

Class 4: Water necessary only to sustain human life and the lives of domestic pets and maintain standards of hygiene and sanitation.

(Ord. 976; Code 1974, Chapter 13.48; Ord. 1050; Ord. 1089; Code 2014)

In the event that the City Administrator and/or Mayor or the City’s designated official determines that the City’s water supply may be in subject to a shortage in supply, the City may begin the progressive three (3) stage water conservation program by declaring a Water Watch as described in Stage 1. 

Stage 1:  Declaration of Water Watch.  Whenever the designated official of the City finds that conditions indicate that the probability of a drought or some other condition causing a major water supply shortage is rising, it shall be empowered to declare, by resolution, that a water watch exists and that it shall take steps to inform the public and ask for voluntary reductions in water use.  Such a watch shall be deemed to continue until it is declared by resolution of the governing body to have ended.  The resolutions declaring the existence and end of a water watch shall be effective upon their publication in the official city newspaper.

Stage 2:  Declaration of Water Warning.  Whenever the designated official of the City finds that drought conditions or some other condition causing a major water supply shortage are present and supplies are starting to decline, it shall be empowered to declare, by resolution, that a water warning exists and that it will recommend restrictions on nonessential uses during the period of warning.  Such a warning shall be deemed to continue until it is declared by resolution of the governing body to have ended.  The resolutions declaring the beginning and ending of the water warning shall be effective upon their publication in the official city newspaper.

Stage 3:  Declaration of Water Emergency.  Whenever the designated official of the City finds that an emergency exists by reason of a shortage of water supply needed for essential uses, it shall be empowered to declare, by resolution, that a water supply emergency exists and that it will impose mandatory restrictions on water use during the period of the emergency.  Such an emergency shall be deemed to continue until it is declared by resolution of the governing body to have ended.   The resolutions declaring the existence and end of a water supply emergency shall be effective upon their publication in the official city newspaper.

(Ord. 976; Code 1974, Chapter 13.48; Ord. 1050; Ord. 1089; Code 2014)

Upon the declaration of a Water Watch as provided in Stage 1, the City’s designated official is authorized to call on all water consumers to employ voluntary water conservation measures to limit or eliminate nonessential water uses including, but not limited to, limitations on the following uses:

(a)   Sprinkling of water on lawns, shrubs or trees (including golf courses).

(b)   Washing of automobiles.

(c)   Use of water in swimming pools, fountains and evaporative air conditioning systems.

(d)   Waste of water.

(Ord. 976; Code 1974, Chapter 13.48; Ord. 1050; Ord. 1089; Code 2014)

Upon the declaration of a Water Warning as provided in Stage 2, the City’s designated official is also authorized to implement certain mandatory water conservation measures, including, but not limited to, the following:

(a)   A lawn watering system as determined by the Governing Body for City residents and businesses.  Odd numbered addresses will be allowed to water on Monday, Wednesday, and Saturday.  Even numbered addresses will be allowed to water on Tuesday, Thursday, and Sunday.  No watering will be allowed on Friday.

(b)   Outdoor water use, including lawn watering and car washing will be restricted to before 10:00 a.m. and after 9:00 p.m.

(c)   Golf courses will restrict watering to tees and greens, with watering taking place after sunset.

(d)   Refilling of swimming pools will be allowed one day a week after sunset.

(e)   Implementation of emergency water rates as provided in Section 7 below.

(f)   Implementation of special use charges, special use permits, and other special fees as approved by the city council, or

(g)   Any combinations of the foregoing measures.

(Ord. 976; Code 1974, Chapter 13.48; Ord. 1050; Ord. 1089; Code 2014)

Upon the declaration of a water supply emergency as provided in Stage 3, the City’s designated official, is authorized to implement certain mandatory water conservation measures, including, but not limited to the following:

(a)   Suspension of new connections to the City’s water distribution system, except connections of fire hydrants and those made pursuant to agreements entered into by the City prior to the effective date of the declaration of emergency;

(b)   Restrictions on the uses of water in one or more classes of water use, wholly or in part;

(c)   Restrictions on the sales of water at coin-operated facilities or sites;

(d)   The imposition of water rationing based on any reasonable formula including, but not limited to, the percentage of normal use and per capita or per consumer restrictions;

(e)   Complete or partial bans on the waste of water; and/or

(f)   Any combination of the foregoing measures.

(Ord. 976; Code 1974, Chapter 13.48; Ord. 1050; Ord. 1089; Code 2014)

Upon the declaration of a water warning or water supply emergency as provided in this ordinance, the governing body of the City shall have the power to adopt emergency water rates by ordinance designed to conserve water supplies.  Such emergency rates may provide for, but are not limited to:

(a)   higher charges for increasing usage per unit of use (increasing block rates);

(b)   uniform charges of water usage per unit of use (uniform unit rate); or

(c)   extra charges in excess of a specified level of water use (excess demand surcharge).

(Ord. 976; Code 1974, Chapter 13.48; Ord. 1050; Ord. 1089; Code 2014)

During the effective period of any water supply emergency as provided for in Section 6, the City Administrator is empowered to promulgate such regulations as may be necessary to carry out the provisions of this ordinance, any water supply emergency resolution, or emergency water rate ordinance.  Such regulations shall be subject to the approval of the Governing Body at its next regular or special meeting.

(Ord. 976; Code 1974, Chapter 13.48; Ord. 1050; Ord. 1089; Code 2014)

(a)   If the Mayor, City Administrator, or other City official or officials charged with implementation and enforcement of this ordinance or a water supply emergency resolution learn of any violation of any water use restrictions imposed pursuant to Sections 15-1004, 15-1005 or 15-1006, a written notice of the violation shall be affixed to the property where the violation occurred and the customer of record any other person known to the City who is responsible for the violation or its correction shall be provided with either actual or mailed notice.  Said notice shall describe the violation and order that it be corrected, cured or abated immediately or within such specified time as the City determines is reasonable under the circumstances.  If the order is not complied with, the City may terminate water service to the customer subject to the following procedures:

(1)   The City shall give the customer notice by mail or actual notice that water service will be discontinued within a specified time due to the violation and that the customer will have the opportunity to appeal the termination by requesting a hearing scheduled before the City governing body or a city official designated as a hearing officer by the governing body;

(2)   If such a hearing is requested by the customer charges with the violation, he or she shall be given a full opportunity to be heard before termination is ordered; and

(3)   The governing body or hearing officer shall make findings of fact and order whether service should continue or be terminated.

(b)   A fee of $50 shall be paid for the reconnection of any water service terminated pursuant to subsection (a).  In the event of subsequent violations, the reconnection fee shall be $200 for the second reconnection and $300 for any additional reconnections.

(c)   Violations of this ordinance shall be a municipal offense and may be prosecuted in Municipal Court.  Any person so charged and found guilty in Municipal Court of violating the provisions of this ordinance shall be guilty of a municipal offense.  Each day’s violation shall constitute a separate offense.  The penalty for an initial violation shall be a mandatory fine of $100.  In addition, such customer may be required by the Court to serve a definite term of confinement in the city or county jail which shall be fixed by the Court and which shall not exceed 30 days.  The penalty for a second or subsequent conviction shall be a mandatory fine of $200.  In addition, such customer shall serve a definite term of confinement in the city or county jail which shall be fixed by the Court and which shall not exceed 30 days.

(Ord. 976; Code 1974, Chapter 13.48; Ord. 1050; Ord. 1089; Code 2014)

Nothing in this article shall limit the ability of any properly authorized city official from terminating the supply of water to any or all customers upon the determination of such city officials that emergency termination of water service is required to protect the health and safety of the public.

(Ord. 976; Code 1974, Chapter 13.48; Ord. 1050; Ord. 1089; Code 2014)

The city may issue a permit for new lawns during a water warning. Anyone seeking a permit for a new lawn must apply, submitting a workable water usage plan for the period of the water warning, which shall be submitted ten days prior to seeding the lawn, together with a fee of two hundred and fifty dollars. If the permit is approved, the person holding the permit shall not be in violation of this article when watering in conformity with the water usage plan. This permit will only be valid for a period of not to exceed thirty days.

(Ord. 976; Code 1974, Chapter 13.48; Code 2014)

The city of Oakley may issue a permit for outdoor water usage during a water warning. Anyone seeking a permit for an outdoor water usage must apply to the city, submitting a workable water usage plan together with a filing fee of two hundred and fifty dollars. If the permit is approved, the person holding the permit will not be required to follow the odd/even watering system of Section 15-1005.

(Ord. 976; Code 1974, Chapter 13.48; Code 2014)