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Ordinance No. 443 - SupersededORDINANCE NO. 443 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT SUPERSEDING ORDINANCE NUMBER 423 IN ITS ENTIRETY ESTABLISHING WATER SHORTAGE AND DROUGHT RESPONSE STANDARDS BE IT ENACTED, by the Board of Directors of SOUTH TAHOE PUBLIC UTILITY DISTRICT, County of E1 Dorado, as follows: SECTION I - FINDINGS A. The South Tahoe Public Utility District has engaged in a vigorous and ongoing program of conservation pursuant to the policy of water conservation and prohibition of water waste [California Constitution Article X, Section 2; California Water Code Sections 375-377, 1009 and Appendix Sections 10015(13)]. Concurrently herewith the District Board is considering an Ordinance establishing water conservation standards. B. Several years of below average precipitation have depleted aquifers within the District water supply area. C. Recent changes in the regulations of competent governmental authorities have restricted the use of existing sources of District water supply. D. The District is pursuing new sources of water supply and the supplementation of existing water supply sources. E. The success of new water supplies and the impact of drought conditions are not completely known at this time and it is necessary in the interest of the public health, safety and welfare to impose drought response standards which address degrees of potential responses depending upon water availability. F. The specific measures set forth in Water Conservation Stage 1 hereof are necessary and proper to conserve water resources and minimize the cost to the District and expense to its customers associated with unnecessary water use. SECTION II - DEFINITIONS For the purpose of this Ordinance, the terms used herein are defined as follows: A. The District - The South Tahoe Public Utility District. B. The Board - The Board of Directors of the South Tahoe Public Utility District. C. General Manaqer - The General Manager of the South Tahoe Public Utility District. D. Water Users - Any person, firm, partnership, association, corporation, or political entity using water obtained from the South Tahoe Public Utility District. E. Waste - Any unreasonable or non-beneficial use of water, or any unreasonable method or use of water, including, but not limited to, the specific uses prohibited and restricted by this Ordinance, or other District Ordinances. F. Water - Water supplied by the South Tahoe Public Utility District. G. New Construction - any structure which, on the effective date hereof, either does not exist or is unoccupied and does not have a certificate of occupancy from competent governmental authorities. SECTION III - WATER CONSERVATION STAGES No Water User shall waste water or make, cause, use or permit the use of water from the District for any purpose in a manner contrary to any provision of this Section, or in an amount in excess of that use permitted by the conservation stage in effect pursuant to this Ordinance. The state of water conservation shall be determined by the General Manager except that the Board shall determine any conservation stage more restrictive than Stage 3. Stage 1 - Normal Conditions. During periods of adequate water supply, customers are to practice water conservation so that water is not wasted. Water Users shall not allow water to leave the property by draining onto adjacent properties or impervious surfaces. Water Users shall repair all leaks in plumbing and irrigation systems. Private vehicle washing shall only be performed with bucket and shut-off nozzle attached to hose. Continuous discharge from hose nozzle prohibited. EXCEPTION: Washing may be done at any time on the immediate premises of a commercial car wash or commercial service station. Further, such washings are exempted from these regulations where the health, safety and welfare of the public is contingent upon frequent vehicle cleanings, such as garbage trucks and vehicles which transport food and perishables. -2- 4. Ail are encouraged to report all signs of water leaks. The use of water to irrigate non-landscaped, natural vegetation or undeveloped property is prohibited except in cases of severe fire danger. Staqe 2 - Minor Supply Shortaqe. apply, and: Stage 1 restrictions Lawn and landscape irrigation permitted between 6:00 p.m. and 8:00 a.m. only, except for new lawns planted within thirty (30) days of commencement of Stage 2; provided, however, irrigation of lawns, gardens, landscaped areas, trees, shrubs or other plants is permitted at anytime if: ae a hand-held hose is used, or a hand-held, faucet filled bucket of five (5) gallons or less is used, or a Drip Irrigation System is used. Water shall not be used to wash down sidewalks, driveways, parking areas, tennis courts, patios or other paved areas, except to alleviate immediate fire or sanitation hazards. Ail eating and drinking establishments shall serve water to their customers only when specifically requested by the customer. Ce Stage 3 - Severe Supply Shortaqe. restrictions apply, and: Stages 1 and 2 Designated irrigation days shall be established which require houses whose street address (NOT LOT NUMBERS) ends with an even number to irrigate on even-numbered days of the month; and require houses whose street address ends with an odd number to irrigate on odd- numbered days of the month. In months of more than thirty (30) days, no irrigation shall be permitted on the thirty-first (31st) day. De The filling of water to uncovered outdoor swimming pools is prohibited. The operation of any outdoor ornamental fountain or similar decorative water structure is prohibited unless a recycling system is used and a sign informing the public of such recycling system is prominently displayed. Staqe 4 - Critical Water Supply Shortaqe. 3 restrictions apply, and: Stages 1, 2, and Outdoor irrigation of all vegetation including lawns and landscaping is limited to once per week. -3- EXCEPTION: The General Manager may permit more frequent irrigation of public facilities pursuant to Section V hereof. No water shall be used for landscaping irrigation for New Construction. Use of water from fire hydrants shall be limited to fire fighting and/or other activities immediately necessary to maintaining the health, safety and welfare of the community. Staqe 5 - Water Emerqency. restrictions apply, and: Stages 1, 2, 3, and 4 The use of water for other than household and business use is prohibited. The use of water for dust or dirt control, earthwork and road construction purposes is prohibited. The use of water for mainline flushing of hydrants, except for emergency purposes, is prohibited. The use of water for air conditioning purposes, where an alternate source of fresh air is available, is prohibited. SECTION IV - ENFORCEMENT The District, its General Manager, and designated employees, have the duty and are authorized to enforce all provisions of imposition of costs in accordance with the terms hereof shall not preclude recourse by the Water User against the person or persons responsible for violation of this Ordinance. A. First Violation. For a first violation, the District shall issue a written warning to the Water User. B. Second Violation. For a second violation, a surcharge shall be imposed equal to twenty-five percent (25%) of the immediately preceding Water User's bill at the premises where the violation occurred. C. Third Violation. For a third violation, a surcharge shall be imposed equal to fifty percent (50%) of the immediately preceding Water User's bill at the premises where the violation occurred. In addition to the surcharge, the Board or the General Manager may require installation of a flow-restricting device on the Water User's service connection. -4- D. Fourth Violation. For a fourth violation, the surcharge pursuant to Section VII.C. hereof shall be imposed and the District shall discontinue forthwith water service to the Water User at the premises where the violation occurred. Reconnection shall occur only when there is practical protection against recurrence of violations such as a flow-restricting device on the Water User's connection. E. District Enforcement Costs. District shall be reimbursed for its costs in enforcing the provisions of this Ordinance, including such costs as District incurs for District staff to investigate and monitor the Water User's compliance with the terms hereof. Charges for installation of flow-restricting devices or for discontinuing or restoring water service, as those charges are determined by the District, shall be paid by the customer. Those charges shall include such costs as District incurs for District staff to investigate and monitor the Water User's compliance with the terms hereof. SECTION V - ADMINISTRATION A. General. The provisions hereof shall be administered and enforced by the District through the General Manager, who may delegate such enforcement to one or more designees. As used in this Section VIII General Manager includes designees. B. Utility Accounts. Accounts shall not be established for new customers, including the transfer of accounts upon change of ownership, until the customer complies with the provisions of this Ordinance. In pursuing the objectives hereof the General Manager shall seek the cooperation of other utility purveyors within the District's service area. To that end, the District will request that other utility purveyors not permit the establishment of new accounts until the customer complies with the provisions of this Ordinance. C. Discretionary Exemptions - The General Manager may, in the exercise of discretion, exempt facilities from the provisions of this Ordinance, or impose reasonable conditions in lieu of compliance therewith, if the General Manager determines that any of the following conditions exist: 1. Hardship. The requirements herein would cause an unnecessary and undue hardship upon the Water User, purchaser of the facility or the public. 2. Health and Safety. Strict compliance with the requirements of this Ordinance would create an emergency condition affecting the health, protection or safety of the Water User or the public. -5- No Impact on Water Use. The granting of the exemption or imposition of reasonable conditions in lieu of compliance with the requirements herein would not increase the quantity of water consumed by the facility or otherwise adversely affect service to other existing water consumers. In granting any such relief the departure from the terms of this Ordinance shall be the minimum necessary to remedy the circumstances necessitating such departure. D. Appeals. Any Water User or applicant for water service may appeal any decision hereunder to the Board by filing a written appeal with the Clerk of the Board within 10 days from the date of the decision or application appealed from. The Board may, in its discretion, affirm, reverse, or modify the General Manager's decision and impose such conditions as it deems appropriate. SECTION VI - SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof, is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The Board hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public Utility District at its duly held Adjourned Regular Meeting on the ~6th day of April, ~99Z, by the following vote: AYES: NOES: None ABSENT: None Directors Pierini, Onysko, ~bsbacher Mason, Wallace C~AIRMA~ OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT ATTEST: PA~ A. MAMATH; CLERK O~ BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT AFFIDAVIT OF PUBLICATION STPUD BOX 19487 SLT, CA. 95706-3487 STATE OF CALIFORNIA County of El Dorado I am a citizen of the United States and a resident of the County foresaid; I am over eighteen years, and not a part to or interested in the above entitled matter, I am the principal clerk of. the printer of the printer of The Tahoe Daily Tribune a newspaper of general circulation, printed and published Sunday through Friday in the City of South Lake Tahoe, County of El Dorado, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of El Dorado, State of California under the date of March 6, 1970 Case Number 18569, that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: April 30 all in the year of: 1992 I certify (or declare) under penalty, that the foregoing is true and correct. Dated at South T,ake ?shoe California, this 30 date of April19 UTILITY DISTRICT SUPERSEDING ORDINANCE · NUMBER 423 IN ITS ERTtRETY ESTABLISHING WATER SHORTAGE AND DROUGHT RESPONSE STANDARDS ~E IT ENACTED. by the Board 0f Directors of SOUTH AHOE PUBLIC UTILITY ISTRICT, County of El Dorado, as follows: SECTION I - FINDINGS A. The South Tahoe Public Utility District has engaged in a vigorous and ongoing program of conservation pursuant to the policy of water conservation and prohibition of water waste X, Section 2; California Water Code Sections 375.377, 1009 and Appendix SeotioM 100t$(13H. Conounenfly herewith.the Oi~ict Board b considering an Ordinance establishing water ooMervatlon 8tandardt B. Several years of below average precdpitation have depleted aquifers within the District water ~upply area. C. Rece~'¢hanges in the regulations 'of competent governmental authorities have D. The District is pursuing of health, Kxl welfare to impo~ potential responses depending, upon water availability. F. The sl~ rneaa~ea met forth in Wet~ ConServation water use. SECTION II - DEFINmONS For the purpose of this Ordlr~ncl / f~ii~ '.erml' uled herein are defln~ ae follows: A. :[he District - The South Tahoe Public Utlik'y Dbtrict. B. The Board - The Board of Directors of the South Tahoe Public Utility District. C..J~aL.MIJ3~- The General Manag~' of the South Tahoe Public Utilby District. D. W~ter users. Any person, firm, Partnership, association, using water obtained from the South Tahoe PUblic Utility District. E. ~L~e - AJW unreasons or non-beneficial use of water, or e~y unrea~onlbl, e method or use of water,* including, but not llmlted to, the specific uses prohibited and restricted by this Ordinance, or other DistriCt Ordinanoaa. F. Water ' Water supplied by the South Tahoe Public Utliby District. G. Hew Construction - any structure which, on the effective date hereof, either does- not exist or is unoccupied and does not have a certificate of SECTION III - WATER CONSERVATION STAGES No Water User shall waste water or make, cause, u~e o~' ~ ~ uae of water'from the Distrk~ for any purlx)ee in a manner conlrary to any previelon of this Section, or in an ~ in excess~ of that uae permitted by the conservation stage in effect pursuant to this OYdinenoe. The state o! water COnservation shall' be determil~ed by the Genei'il Manager except that the Board 8hMI determine any adequate water cuetom®re ire to practice water conservation so that water ia not Wasted. 1. Water Ullm ihlll not Ilow water to leave the pml~-ty by draining onto adjacent properties or impervious 2. Water Urns ahalt repair all leal~ in plumbing end 3. Private vehicle washing bucket and shut-elf nozzle diseherge-.f~ hoee nozzle prohibited. EXCEPTION: be dorm st lely frequefR' ~M~ilMe' much ,am ~ t~ a~ 4. All are encouraged to ~.,~~. non-lands~ped, natural re.ration or undevel~ed B. Rt~ 2 , ~in~ S~lv 1. Lawn and linds~e i~ ~m~ ~ 6:~ p.m. a~ 8:~ i,m. cnN, ex~ f~ ~ b~ ~nt~ with~ thirty {30) days of comme~nt of State 2; pr~, how~, ~ti~ areas, tr~. s~ or ~h~ ~nts ~ ~ at a~i~ if: a. a ~n~ ho~ b ~. or b., hand, etd. faucet fill~ bucket of f~ (51 gallons ~ less ie ~, ~ c. I Dr~ Irr~aa~ ~ is u~. 3. All eating sad drinking establishments shall aerv, e ..~tater to the~ cu~xr.~ only &mn specifically r~ue~ted t~ ~t~. · ~. S~age 3 · ~m :Suoolv Shortaae. Stage~ 1 and 2 r~tH~b~ ~, and: 1. Desi~a~ kr~at~ days ~11 be established which r~uire h~ ~ ~r~t address (NO~ LOT NUMBERS} ends with an ev~ numar to irrigate on e~um~r~ ~ya of t~ m~th; lad r~uire h~ea w~e ltrlet iddrll~ ends w~h an ~ ~r~ In,ate month. In months ~ more than thirty {30} days, no irrigation shall ~r ~rmitted on t~ t~fir~ ~1~} ~y. 2. The filling of water to u~ ~ s~mi~ 3; ~e ~ation ~ ~ ~menttl f~n~Nn a r~cling system il used lad ~ sign infOrming the publi; of such recycling system is prominently D' ~nae 4 - Criti~l Water 1, Outdoor irrigation ot all ~etation incl~ing laWns nd lan~ng is limit~ to ~o~ ~ ~k. EXCEPTION: The General Manager may permit more tt~t I~rigation of publ~ h~. 2. No ~ ~ ~ ~ f~ lan~ ir~t~ f~ N~ C~s~. fire 1, The than hotmehc~d end business use is prohibit~l. 2. The use of water t~ dust ~ di~ ~tr~, ~w~k and r~d ~r~i~ ~r~es is ~i~ted. 3. The use of water tor ~i~ tl~sh~ of hydrants, except f~r ~ emergency pu~s. is pr~i~t~. 3: The use of water for air ~it~i~ ~s. where an ~lter~e ~rce of fresh air is a~ilable, is ~ibit~. are provisions: of imPOsition of co,ts in sooordan~e with the termS~ hereof: shall preclude recourse by the. Water User ,against the A Eir~ V~afion. For a tirst violation, the District shall ~: a ~itten warning to the Wat~. U~, B. ~eeand-Violation. For a shall be imposed squat to the i~ediately preceding Water user's bill at the ~e~es w~re the i~d ~ to fi~y ~cent (50%} of the immediately the premises where the v~ati~ ~rr~. In addition the General Mtnmg~ may require inStallafi~ of a flow- restricting device on'the Water User's service D. ~aurth Vialatio~. For pursuant to Sect~n VII.C. h~eof ~ ~. ~ed and the ~str~ shall dis~ntinue f~th wat~ s~ to the Wat~ User at the premises w~e t~ vi~at~n ~urr~. when the~e is practical prOte~i~ against re~rrenW of violatio~ s~h as a flow- reSlricting device on the Wat~ U~'a E. ~i~r~ Enf~ce~nt Diatri~ shall be reimbura~ for its ~sts in enlor~g the pr~isi~s of this Ordi~n~. including sUch costa ~r~ ~rs I~ O~fi~ staff Wat~ U~'s ~an~ ~th restoring wirer ~e~ice, t~e ~r~s are det~m~ed by the Distri~, shall be paid ~:the cu~m~, Those ~lr~ei l~lt ~lude such costs al District incurs lot District italf to in~stigate this Iron.er shall not be~e~tlbli~llld for new cu~t~, in~udlng tho transfer of accounts upon change of oWnerahip~ until the customer ~m~iea ~th the provisions of this Ordinsnce. In ~auing the ~iws ~ft~ G~al Manager shall seek the ~ation of Other utility Di~r~ w~l r~ t~ utility put.Ors not ~rmit the establishment of new a~ounts until ~he ~i~ with t~ ~ovi~one ~ th~ O~i~, C. Discre~ona~ ~i~s - exempt facilities from the pr~isi~s of this Ordinal, or impose reasonable conditions in lieu of ~mplian~ th~e~, if the Gemini ~a~r deter~n~ that ~ny of the following ~iti~e ~i~: 1. Hardship. The requirements herein would cause an unne~ssary and undue hardship upon the Water U~r, purer of f~il~y ~ the ~lic. 2. Health= and Safety. Stri~ compliance with the requirements of this Ordinance would ~eate an emergency condition affecting the health. prot~ion or safety of the .Water U~ ~ t~ pu~. 3. Ng Im~a~ ~ Water U~. ~ imposEion of reasonable conditions in lieu of compliance with the requirements herein ~would ~ in,ease t~ q~ntity of water consumed by the f~l~ or ~ aff~ ~ to ~r ~i~ this Ordinan~ ~hall be the minimum neceaalrY to ' the circu~ln~s Do i appealed from~ The Board may, ~ ite,di~etiee, affirm, reverie;; or modify the General Manager's decision · and impose sa conditions aait deeme:al~e. , SECTION VI - SEVERABILITY If any ~ction, sub.action, subdivision, paragraph. thio Ordin~n~:or eny part to be invllkl, ouch decision ~ n~ ~ffec~ the v~dity of The Board hereby declares that it would have passed subsection. so, ions. subsections. · ubdlvLsions, paragraphs, ~ma~.u~lnum~ar plvase~*- the ~ of ~= ~ t~ South Tahoe Public Utility District at it~ daly held ~journ~ R~ular M~ting ~ ~ l~h ~y of ~1, 1~, ~ ~ f~ ~e: AYES: Dir~tors Pierini, Onysko. MosS,er Ma~n, Wal~ NOES: No~ ~SENT: N~ CH~I~ OF BO~D SOUTH TAHOE PUBLI~ ~ DI~I~ A~EST: PAT ~ M~ATH, C~K ~ BO~D TAHOE PUBLIC AFFIDAVIT OF POSTING State of California ) )ss County of E1 Dorado ) and says: Patrick Dolan , being first duly sworn, deposes That for and on behalf of the Clerk of Board of the SOUTH TAHOE PUBLIC UTILITY DISTRICT, affiant posted copies of Ordinance No. 442 & No. 443 in form attached hereto and by reference made a part hereof, in four (4) public places in the District as follows: - (1) City of South Lake Tahoe Administration Building South Lake Tahoe, CA (2) A1 Tahoe Post Office Station South Lake Tahoe, CA (3) Tahoe Valley Post Office Station ("Y" area) South Lake Tahoe, CA (4) Tahoe Paradise Post Office Station, So. Lake Tahoe, CA That said posting was completed on the _~fT_~ day of Subscribed and sworn to me this ~ day of ~'~C--~'- , 199~. f Notary Public'in and for the State of California, County of E1 Dorado. NOTARY PUBLIC - CALIFORNIA EL DO,AO0 COUNTY