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HomeMy WebLinkAbout2009-05-14 - Ordinance No. 09-01 ORDINANCE NO. 09-01 ORDINANCE OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT INSTITUTING WATER CONSERVATION MEASURES, PROHIBITION AGAINST WATER WASTE AND WATER SHORTAGE SUPPLY CONTINGENCIES WHEREAS, California has had one of the driest years on record, with eight of the past ten years meeting drought-level conditions; and WHEREAS, storage in the Colorado River system has dropped to fifty-five (55) percent of total capacity; and WHEREAS, the flow of the California Aqueduct has been restricted by up to thirty- five (35) percent, due to a federal court ruling to protect the Delta Smelt; and WHEREAS, the Governor of the State of California proclaimed a statewide drought and issued a State of Emergency to address the California water shortage, requesting that all water users reduce their water use by twenty (20) percent and asking all water agencies to assist their customers in reducing their use through a water conservation program; and WHEREAS, the Orange County Grand Jury investigated solutions into the looming water crisis in California and recommends in its report for local water agencies a goal of ten-percent voluntary conservation, a focus on outdoor usage, the development of monthly allocations for each customer and the implementation of conservation-inducing pricing; and WHEREAS, the Metropolitan Water District of Southern California is currently in a "Water Supply Alert" phase and urges implementation of"extraordinary conservation measures", such as conservation pricing, outdoor water restrictions, prohibition of runoff, enhanced rebates, and coordination with the Municipal Water District of Orange County to develop a unified regional message and to accelerate media and outreach campaigns; and WHEREAS, the Metropolitan Water District of Southern California is requiring ordinances from all agencies that receive rebate incentives detailing water conservation measures, prohibitions against water waste and associated penalties; and WHEREAS, the Municipal Water District of Orange County, the agency responsible for providing the Yorba Linda Water District with imported water through the Metropolitan Water District, has enacted a resolution 1 asking every Orange County resident and business to immediately reduce their water usage by ten-percent (10); and WHEREAS, the Orange County Water District, the agency responsible for supervising the Orange County Groundwater Basin, has implemented the "OC Water Hero" public education campaign, urging customers to conserve twenty gallons of water per person, per day; and WHEREAS, the Yorba Linda Water District has broad authority to enact water conservation rules under the laws of the State of California; and WHEREAS, the adoption of water conservation measures would assist in avoiding or minimizing the effects of water supply restrictions and a water shortage in Southern California. NOW, THEREFORE, BE IT ORDAINED, under the authority of Water Code §§ 350 and 31028, that the Board of Directors of the Yorba Linda Water District, does hereby FIND AND DETERMINE that matters set forth in the above recitals are true and correct, and that the Board of Directors of the Yorba Linda Water District therefore DECLARES the existence of an emergency caused by drought or other threatened or existing water shortage; and THEREFORE, BE IT ORDAINED, under the authority of Water Code §§ 350 and 31028, that the Board of Directors of the Yorba Linda Water District, does hereby FIND, DETERMINE AND DECLARE that water conservation measures and restriction on the use of District water are necessary and appropriate to protect the health and safety of water users within the Yorba Linda Water District; and THEREFORE, BE IT ORDAINED, under authority of Water Code §§ 353 and 31026, that the Board of Directors of the Yorba Linda Water District, based upon the findings set forth herein, does hereby PROHIBIT the wastage of District water and does hereby ORDER that the following water conservation measures and water use restrictions are necessary and appropriate to prevent the waste of District water and to protect the health and safety of water users with the Yorba Linda Water District. These measures will be effective as of July 1, 2009. SECTION 1: Permanent Water Conservation Measures and Prohibitions Against Water Waste. A. The following water conservation requirements are effective at all times and are permanent. Violations of this section will be considered waste and an unreasonable use of water. 1. Limits on Watering Hours_ Watering or irrigation of lawn, landscape or other vegetated area is prohibited between the hours of 9:00 a.m. and 6:00 p.m. on any day, or between hours later designated by the District, except for the express purpose of adjusting or repairing an irrigation system. This subsection does not apply to landscape 2 irrigation systems that exclusively use very low-flow drip irrigation where no emitter produces more than two (2) gallons of water per hour. 2. Limit on Waterinci Duration Watering or irrigating of lawn, landscape or other vegetated area is limited to fifteen (15) minutes watering per station per day. This subsection does not apply to landscape irrigation systems that exclusively use very low-flow drip irrigation where no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. 3. No Watering During Rain Watering or irrigating of lawn, landscape or other vegetated area is prohibited when it is currently raining or there is a forecasted chance of rain of fifty (50) percent or higher. 4. No Excessive Water Flow or Runoff Water or irrigation of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited. 5. No Washing Down Hard or Paved Surfaces Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alley, is prohibited except when necessary to alleviate safety or sanitary hazards and then only by use of a hand-held bucket or similar container, a low-volume, high-pressure cleaning machine equipped to recycle any water used, or a low-volume high-pressure water broom. 6. Obligation to Fix Leaks Breaks or Other Malfunctions Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system, including that of irrigation systems, beyond a reasonable period of time after such escape of water should have been discovered and corrected, and in no event more than three (3) calendar days of receiving notice from the District, is prohibited. 7. Re-circulating Water Required for Water Fountains and Decorative Water Features Operating a water fountain or other decorative water feature that does not use re-circulated water is prohibited. 8. Limits on Washing Vehicles Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is prohibited, except by use of a hand-held bucket or similar container and/or a hand-held hose equipped with a positive self-closing water shut-off nozzle or device. This subsection does not apply to any commercial car washing facility. 3 9. Drinking Water Served Upon Request Only Eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested. 19.Commercial Lodging Establishments Must Provide Guests the Option to Decline Daily Linen Services Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language. 11.No Installation of Single Pass Cooling Systems Installation of single pass cooling systems is prohibited in buildings requesting new water service. 12.No Installation of Non-re-circulating watersystem—in Commercial Laund Systems Installation of non-re-circulating water systems is prohibited in new commercial laundry systems. 13.Restaurants _Required to Use Water Conserving Dish Wash Spray Valves Food preparation establishments, such as restaurants or cafes, are prohibited from using non-water conserving dish wash spray valves. 14.Commercial Car Wash Systems Effective on July 1, 2909, all new commercial conveyor car wash systems must have installed operational re-circulating water systems, or must have secured a waiver of this requirement from the District, SECTION 2: Stage 1 -Water Supply Shortage (Water Use Reduction Goal — up to 10%) A. A Stage 1 Water Supply Shortage exists when the District determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions, or without prior Board approval when the Metropolitan Water District of Southern California changes its Water Supply Alert stage to "Condition 2: Water Supply Alert". B. In addition to the prohibited uses of water identified as permanent water conservation measures and prohibitions against water waste (Section 1), the following water conservation requirements apply during a declared Stage 1 Water Supply Shortage. 4 I. Limits on Watering Days Watering or irrigation of lawn, landscape or other vegetated area is limited to three (3) calendar days per week, in which odd numbered addresses are permitted to irrigate on Monday, Wednesday and Friday, and even numbered addresses are permitted irrigate Tuesday, Thursday and Saturday. No irrigation is permitted on Sunday. This subsection does not apply to any landscape irrigation system that exclusively use very low-flow drip irrigation where no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. SECTION 3: Stage 2 -Water Supply Shortage (Water Use Reduction Goal- up to 20%) A. A Stage 2 Water Supply Shortage exists when the District determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions, or without prior Board approval when the Metropolitan Water District of Southern California changes its Water Supply Alert stage to "Condition 3: Water Supply Allocation of 5% through 15%". B. In addition to the prohibited uses of water identified as permanent water conservation measures and prohibitions against water waste (Section 1), the following water conservation requirements apply during a declared Stage 2 Water Supply Shortage: 1. Limits on Watering Days Watering or irrigation of lawn, landscape or other vegetated area in the months of April through October, is limited to three (3) calendar days per week in which odd numbered addresses are permitted to irrigate on Monday, Wednesday and Friday, and even numbered addresses are permitted to irrigate on Tuesday, Thursday and Saturday, No irrigation is permitted on Sunday. In the months of November through March, irrigation is limited to two (2) calendar days per week, in which odd numbered addresses are permitted to irrigate Monday and Friday, and even numbered addresses are permitted to irrigate Tuesday and Saturday. This subsection does not apply to any landscape irrigation system that exclusively uses very low-flow drip irrigation where no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. 2. Obligation to Fix Leaks. Breaks, or Other Malfunctions Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should reasonably have been discovered and corrected and in no event more than two (2) calendar days of receiving notice from the District, is prohibited. 5 SECTION 4: Stage 3 -Water Supply Shortage (Water Use Reduction Goal- up to 35%) A. A Stage 3 Water Supply Shortage exists when the District determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions, or without prior Board approval when the Metropolitan Water District of Southern California changes its Water Supply Alert stage to "Condition 3: Water Supply Allocation of 20% through 35%". In addition to the prohibited uses of water identified as permanent water conservation measures and prohibitions against water waste (Section 1), the following water conservation requirements apply during a declared Stage 3 Water Supply Shortage, 1. Limits on Watering Days Watering or irrigation of lawn, landscape or other vegetated area in the months of April through October is limited to two (2) calendar days per week, in which odd numbered addresses are permitted to irrigate on Monday and Friday, and even numbered addresses are permitted to irrigate on Tuesday and Saturday. In the months of November through March, is limited to one (1) calendar day per week, in which odd numbered addresses are permitted to irrigate on Monday only and even numbered addresses are permitted to irrigate Saturday only This subsection does not apply to landscape irrigation systems that exclusively use very low-flow drip irrigation where no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. 2. Limits on Filling Swimming Pools.$_Spas Re-filling of more than one foot and initial filling of residential swimming pools or outdoor spas is prohibited. SECTION 5: Stage 4 -Water Supply Shortage - Emergency Condition (Water Use Reduction Goal-40% or Greater) A. A Stage 4 Water Supply Shortage is also referred to as an "emergency" condition. A Stage 4 Water Supply Shortage exists when the District declares, in its sole discretion, a water shortage emergency and notifies its residents and businesses that a significant reduction in consumer demand is necessary to maintain sufficient water supplies for public health and safety, or without prior Board approval when the Metropolitan Water District of Southern California changes its Water Supply Alert stage to "Condition 3: Water Supply Allocation of 40% or greater'. B. In addition to the prohibited uses of water identified as permanent water conservation measures and prohibitions against water waste (Section 1), the following water conservation requirements apply during a declared Stage 4 Water Supply Shortage: 6 1. No Watering or Ird patincl Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited. This restriction does not apply to the following categories of use: a. Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container, hand-held hose equipped with a positive self—closing water shut-off nozzle or device; b. Maintenance of existing landscape necessary for fire protection; c. Maintenance of existing landscape for soil erosion control; d. Actively irrigated environmental mitigation projects. 2. Obligation to Fix Leaks Breaks or Other Malfunctions Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should reasonably have been discovered and corrected and in no event more than one (1) calendar day of receiving notice from the District, is prohibited. 3. No New Water Service Upon declaration of a Stage 4 Water Supply Shortage Emergency condition, no new water service will be provided and no new temporary meters or permanent meters will be provided, except as is necessary to protect the public health, safety, and welfare. SECTION 6: Hardship Variance A. If, due to unique circumstances, a specific requirement of this ordinance would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person may apply for a variance to the requirements as provided in this section. 1. Written Finding The variance may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user's property. 2. Application Application for a variance must be on a form prescribed by the Yorba Linda Water District (Exhibit A) and accompanied by a $25 non- refundable processing fee. 7 3. Supporting Documentation The application must be accompanied by photographs, maps, drawings, and other information showing why the request should be granted, including a written statement of the applicant. 4. Reg uired Findings far Variance An application for a variance will be denied unless the District finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the District, all of the following: a. That the variance does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses; b. That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally; c. That the authorizing of such variance will not be of substantial detriment to adjacent properties and will not be detrimental to the public interest; and d. That the condition or situation of the subject property or the intended use of the property for which the variance is sought is not common, recurrent or general in nature, e. That conservation is already being accomplished through the previous installation of water saving features. 5. Approval Authority The General Manager's Designee shall promptly act upon any completed application no later than seven (7) calendar days after submittal and may approve, conditionally approve, or deny the variance. The applicant requesting the variance shall be promptly notified in writing of any action taken (Exhibit J). Unless specified otherwise at the time a variance is approved, the variance will apply to the subject property during the period of the mandatory water supply shortage condition and if approved or conditionally approved, will apply from the date of approval only. Any previous violations and/or subsequent penalties are final. The decision of the General Manager's Designee can be appealed to the General Manager by written notice within seven (7) calendar days of the date of the denied waiver. The General Manager shall act upon an appeal within thirty {30} calendar days of the District's receipt of the applicant's appeal. The General Manager's decision shall be final. 8 5. Previous Violations Any approved or conditionally approved waiver is valid from the date in which it was approved or conditionally approved forward. Any previous violations and subsequent fines or penalties associated with those violations are final and will not be reimbursed. SECTION T: Penalties and Violations A. Violations of any provisions of the ordinance herein must be personally observed by members of the District staff able to personally attest to them. The fines for such violations will be collected on the water bill. Failure to pay a fine amount will be treated as nonpayment of the water bill and water service may be terminated as a result. Protests for violations are allowable per Section 8 of this ordinance, The fines for such violations are as follows: 1. First Violation The Yorba Linda Water District will hand deliver a door hanger (Exhibit B) to the location of the violation and will also mail a Notice of First Violation (Exhibit C) to the current billing address. 2. Second Violation A second violation within twelve (12) calendar months of the first violation is punishable by a penalty not to exceed one hundred dollars ($100). This amount will be added to the next water bill fifteen days after the date of the violation, if not protested. The Yorba Linda Water District will hand deliver a door hanger (Exhibit B) to the location of the violation and will also send a Notice of Second Violation (Exhibit D) to the current billing address. 3. Third Violation A third violation within twelve (12) calendar months of the first or second violation is punishable by a penalty not to exceed two hundred and fifty dollars ($250). This amount will be added to the next water bill fifteen days after the date of the violation, if not protested. The Yorba Linda Water District will hand deliver a door hanger (Exhibit B) to the location of the violation and will also send a Notice of Third Violation (Exhibit E) to the current billing address. 4. Fourth and Subsequent Violations A fourth and any subsequent violation within (12) calendar months of the first or any subsequent violation is punishable by a fine not to exceed five hundred dollars ($500). This amount will be added to the next water bill fifteen days after the date of the violation, if not protested. The Yorba Linda Water District will hand deliver a door hanger (Exhibit B) to the location of the violation and will also send a Notice of Fourth and Subsequent Violations (Exhibit F to the current billing address. 5. Water Flow Restrictor Device 9 In addition to any fines, the District, at the discretion of the General Manager, may install a water flow restrictor device of approximately one gallon per minute capacity for services up to one and one-half inch size and comparatively sized restrictors for larger services. The restrictor will be installed by the District forty-eight (48) hours after a Notice of Intent to Install Flow Restrictor (Exhibit G) is sent to the current billing address. The restrictor will remain installed for a minimum of forty-eight (48) hours or such time as the General Manager, in his discretion, should decide. 6. Water Service Discontinuation In addition to any fines and the installation of a water flow restrictor, the District, at the discretion of the General Manager, may disconnect a customer's water service for willful violations of mandatory restrictions listed herein. The discontinuation of service will be imposed by the District forty-eight (48) hours after a Notice of Intent to Discontinue Service (Exhibit H) is sent to the current billing address, and will be imposed in the same process as disconnection pertaining to unpaid bills. A person or entity that violates this ordinance is responsible for payment of the District's charges for installing and/or removing any flow restricting device and for disconnection and/or reconnecting service per the District's schedule of charges then in effect. The charge for installing and/or removing any flow restricting device must be paid to the District before the device is removed. Nonpayment will be subject to the same remedies as nonpayment of basic water rates. B, In the event that the individual responsible for the payment of the water bill is not the violator of the ordinance, notification of penalties will go to both the violation address and the billing address on file, with any and all fines and associated charges. Payment of the bill will be the final responsibility of the individual named on the account. SECTION 8: Relief from Enforcement A. The District will issue a Notice of Violation (Exhibits C-F) by mail or personal delivery at least fourteen (14) calendar days before taking enforcement action, with the exception of fourth and subsequent violations. Such notice will describe the violation and the date by which corrective action must be taken. A customer wishing to protest the Notice of Violation must first seek administrative review by the District by filing a written Notice of Review (Exhibit 1) with the District no later than fourteen (14) days from the date of notice. Any Notice of Violation not timely protested will be final. Upon receipt of a timely protest, the protest will be fully reviewed by the General Manager, with a Notice of Decision (Exhibit J) sent to the customer by mail within thirty (30) days of appeal. The District will only grant relief if the violation claimed is not in violation of the provisions of the Ordinance, the claim of violation is factually incorrect, or the District finds in its discretion that a violation did not occur. Should the District deny the customer relief, the customer may appeal the denial of the protest by filing a Form SC 100 with the Small Claims 10 division of the Superior Court within 25 days of the District's decision to deny the protest. (Gov. Code, § 53069.4 (b)(1); Cal. Code of Civ. Pro., § 1013 (a).) Pending receipt of a written appeal, and appeal to the Superior Court, the District may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water Stage condition. However, the District will not terminate water service while an appeal or hearing is still pending. SECTION 9: This Ordinance is Controlling To the extent that there is any inconsistency between this ordinance and the Urban Water Management Plan, any previous ordinances, resolutions, or other planning documents, or any other documents pertaining to water conservation or water use prohibitions, this ordinance shall prevail. PASSED AND ADOPTED this 14th day of May, 2009 by the following called vote: AYES: Directors Armstrong, Beverage, Mills and Summerfield NOES: None ABSENT: Director Collett ABSTAIN: None John W. Summerfield, President ATTEST: K nneth Vecchiarelli, Secretary Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. McCormick, Kidman and Behrens 11 Yorba Linda Water District Exhibit "A" Conservation ordinance Waiver Application This Application is pursuant to Ordinance 09-01 Name Date (Last( (First) Address for Waiver (Street) (City) (Zip) Restriction Waiver is Requested For Pursuant to Ordinance 09-01, Section 6, if, due to unique circumstances, a specific requirement of the Ordinance restrictions would result in undue hardship to a person using water or to property upon which water is used that is disproportionate to the impacts to water users generally or to similar property or classes of eater users to the individual or property at the above address a waiver may be granted. The waiver may be granted, conditionally granted or denied based upon any included support documents and the paid non-refundable Application Processing Fee of$25. These documents can include a written statement of explanation, photographs, maps, drawings, etc. Proof of previous conservation through the installation of water saving features must also be included in the supporting documentation in order for the waiver to be granted or conditionally granted. Exclusion of this proof is grounds for denial of the waiver. Further, pursuant to Ordinance 09-01, Section b, the General Manager's Designee will act upon any completed application no later than seven (7J days after receipt of the waiver application with a Notice of Decision (Exhibit J) sent to the address requesting the waiver. The decision of the Designee can be appealed to the General Manager, with the completion of another application Mthin seven (7) days of the date of denied waiver. The decision of the General Manager will be final. If approved, or conditionally approved, this waiver is valid only from the date approved or conditionally approved, forward. Any previous violations and subsequent fines or penalties incurred are final and will not be reimbursed retroactively. I understand that any information provided on tips form or in supporting documentation that is found to be unllMly falsified shall result in an automatic denial of the application. Signature FOR OFFICE USE ONLY Application Fee Paid Approved First Application Conditionally Approved Second Application Denied -----.-------------- ------------------ r � r • ' Exhibit 1 I � r ti 1 1 I ! 1 r li 1 1 ' i Yorba Linda Water District ! 1 As the water supply situation worsens, conserva- tion and water use efficiency remain key factors. Please help to do your part. ; r + 1 We were in the area and wanted to make you aware of the following restriction: 1 1 1 + ❑ Watering`between gam and 6prii ; ❑ Watering more than 15 min per station per day ; r ! ❑ Excessive Water Flow/Runoff ; 1 � ❑ Washing down of hard surfaces k I r w I + ❑Watering when it is raining ; , r r + ❑ Other ' , r 1 + I � Need Help? ' ! 1 r li Check out the other side of this hanger for , information on Rebates & Conservation Tips Issued by YLWD Employee No I ! Date: 1 1 � Pursuant to ordin=ance Xx-XX,this❑oorhanger serves as a ; 1 Notice of Violation r + 1 � ---- --------------------- ---- --- --- --,J ----- --- ------------------------------- i • 1 1 ♦ 1 1 / 1 I 40' 1 1 •� 1 1 r 41 + f I r i 1 r r + r 1 ► � 1 1 1 I ; 1 k I Yorba Linda Water District 1 I 1 Please Do YOUR Part To I 1 Help Conserve Water! 1 i I i k 1 1 CONSERVATION TIPS ; 1 1 Limit watering to 15 min. per station per day. 1 I 1 ' Refrain from washing down drive-ways, 1 sidewalks or patios. 1 1 1 I 1 Adjust sprinkers to eliminate overspray and runoff. ; 1 1 Step on your grass to check if it needs to ; be watered. If it pops back up, it doesn't. ; t Promp#!y repair all leaks, including those ; within your sprinkler system. i 1 1 1 REBATES 1 I i Both Indoor & Outdoor Rebates are available! ; Online rebate forms can be found at: ; www.socalwatersmart.com www.yllwd.com I I it I F I r ' More conservation tips can be found at: ; www.yiwd.com 714-701-3000 ; 4-----------------------------�.�-�J Yorba Linda Water District Exhibit "C" Date Re: Pursuant to Ordinance 09-01, First Violation, Case No. Dear Customer, We wanted to bring to your attention Ordinance 09-01, passed by the Yorba Linda Water District Board of Directors on May 14, 2009. A District employee was in your area and noticed an inadvertent violation on the following date, —at the following address: This ordinance, like many similar throughout California, was passed in reaction to the worsening water crisis. California has had one of the driest years on record, with eight of the past ten years meeting drought-level conditions and the Governor of the State of California proclaimed a state-wide drought and issued a State of Emergency, requesting that all water users reduce their water use by twenty (20) percent. We, at the Yorba Linda Water District, are committed to assisting our customers meet this request by focusing on the reduction of water waste and the efficiency of water that is used. Rebates for both indoor and outdoor products and conservation tips are available through the District website at www.ylwd.com. Please review the included Ordinance and feel free to contact us if you have any questions about its implementation. Due to unique circumstances, should you require an exemption from these restrictions, due to unique circumstances which create a hardship, a request for a Hardship Waiver can be submitted to the District. The Conservation Ordinance Waiver Application is available at the District Administrative Offices and through the District website. Upon submittal of the request for a variance to the District, the District staff will review the request and either approve, conditionally approve, or deny the waiver. If approved, the waiver is applicable from that date forward. Any previous violations will not be reimbursed retroactively. Thank you, in advance, for your commitment to water use efficiency. Sincerely, Yorba Linda Water District Ebthibit "T" Date Notice of Second Violation This Notice is issued pursuant to Ordinance 09-01 Violation Case No. Date Issued Location of Violation I. Violations The following violations of District Ordinance 09-01 have been witnessed as occurring on said property by a District employee: 11.Corrective Actions The following corrective action is required: 111. Date for Compliance/Penalties You have been assessed a penalty for the above violations in the amount of one hundred ($100) dollars. This penalty will appear on your water bill after fourteen (14) days, if not appealed. The account is subject to disconnect if any and all penalties are not paid in a timely manner. Corrective action is required within fourteen (14) days to avoid future violations. Future violations will also incur penalties pursuant to Ordinance No, 09-01, Section 7a. A copy of the full Ordinance is attached. This order shall become final unless you file a protest with the District no later than the close of business fourteen(14) days after the date of this Notice of Violation. The Notice of Appeal in available at the District Administrative Offices and online at www.vlwd.com Issuing Party: Signature: wl"m Yorba Linda Water District Exhibit "E" Date Notice of Third Violation This Notice is issued pursuant to Ordinance 09-01 Violation Case No. Date Issued Location of Violation I. Violations The following violations of District Ordinance 09-01 have been witnessed as occurring on said property by a District employee: U. Corrective Actions The following corrective action is required: 111. Date for Compliance/Penalties You have been assessed a penalty for the above violations in the amount of two hundred and fifty ($250) dollars. This penalty will appear on your water bill after fourteen (14) days, if not appealed. The account is subject to disconnect if any and all penalties are not paid in a timely manner. Corrective action is required within fourteen (14) days to avoid future violations. Future violations will also incur penalties pursuant to Ordinance No.09-01 , Section 7a. A copy of the full Ordinance is attached. This order shall become final unless you file a protest with the District no later than the close of business fourteen (141 days after the date of this Notice of Violation. The Notice of Appeal is available at the District Administrative Offices and online at www.vlwd.com. Issuing Party: Signature: Yorba Linda Water District EXHIBIT` "F•" Date Notice of Fourth and Subsequent Violation This Notice is issued pursuant to Ordinance 09-01 Violation Case No. Date Issued Location of Violation I. Violations The following violations of District Ordinance 09-01 have been witnessed as occurring on said property by a District employee: 11.Corrective Actions The following corrective action is required: 111. Date for Compliance/Penalties You have been assessed a penalty for the above violations in the amount of five hundred ($500) dollars. This penalty will appear on your water bill after fourteen (14) days, if not appealed. In addition to the penalty, the District may install a water flow restrictor device (48/48 Program) and/or may disconnect service for willful violations, pursuant to Ordinance 09-01. The installation of a restrictor and/or the disconnection of service may become effective within forty-eight (48) hours, by separate notice. The account is also subject to disconnect if any and all penalties are not paid in a timely manner. Corrective action is required within fourteen (14) days to avoid future violations. Future violations will also incur penalties pursuant to Ordinance No, 09-01, Section 7a. A copy of the full Ordinance is attached. This order shall become final unless you file a protest with the District no later than the close of business fourteen (14) days after the date of this Notice of Violation. The Notice of Appeal is available at the District Administrative Offices and online at www.vlwd.com Issuing Party: Signature: Yorba Linda Water District Exhibit "G" Date Notice of Intent to Install Flow Restrictor This Notice is issued pursuant to Ordinance 09-01 Violation Case No. Date Issued Location of Violation This notice is in regard to the receipt of a Fourth or Subsequent Violation (Exhibit "F'°). Pursuant to Ordinance 99-01, Section 7a, in addition to any fees assessed, the District may install a water flow restrictor device (48/48 Program) and/or may disconnect service for willful violations. The restrictor will be installed by the District forty-eight (48) hours after a Notice of Intent to Install Flow Restrictor (Exhibit G) is sent to the current billing address. The restrictor will allow approximately one gallon per minute capacity for services up to one and one-half inch size and comparatively sized restrictors for larger services, and will remain installed for a minimum of forty-eight (48) hours. Removal of the flow restrictor is at the discretion of the General Manager. Further, pursuant to Ordinance 09-01, Section 7a, payment of the District's charges for installing and/or removing any flow restricting device and for disconnection and/or reconnecting service per the District's schedule of charges then in effect will be included on the customer's water bill. The charge for installing and/or removing any flow restricting device must be paid to the District before the device is removed. The account is also subject to disconnect if any and all penalties are not paid in a timely manner. Due to unique circumstances, should you require an exemption from these restrictions, a Hardship Waiver can be submitted to the District, and is available at the District Administrative Offices and online at www.ylwd.com. Issuing Party: Signature: Yorha Linda Water District Exhibit "H" Date Notice of Intent to Disconnect Service This Notice is issued pursuant to Ordinance 09-01 Violation Case No. Date Issued Location of Violation This notice is in regard to the receipt of a Fourth or Subsequent Violation (Exhibit "F"). Pursuant to Ordinance 09-01, Section 7a, in addition to any fees assessed, the District may install a water flow restrictor device (48/48 Program) and/or may disconnect service for willful violations. The discontinuation of service will be imposed by the District forty-eight (48) hours after a Notice of Intent to Discontinue Service (Exhibit H) is sent to the current billing address. Further, pursuant to Ordinance 09-01, Section 7a, payment of the District's charges for installing and/or removing any flow restricting device and for disconnection and/or reconnecting service per the District's schedule of charges then in effect will be included on the customer's water bill. The charge for disconnection and/or reconnecting services must be paid to the District before the service is restored. The account is also subject to disconnect if any and all penalties are not paid in a timely manner. Due to unique circumstances, should you require an exemption from these restrictions, a Hardship Waiver can be submitted to the District, and is available at the District Administrative Offices and online at www.ylwd.com. Issuing Party: Signature: Yorba Linda Water District Exhibit "I" Notice of Review This notice is pursuant to Ordinance 09-01 Name Date (Last) (First) Address for Waiver/Violation Appeal (Street) {City] (Zip) Violation No. (if applicable) Pursuant to Ordinance 09-01, if, due to unique circumstances, a specific requirement of the Ordinance restrictions would result in undue hardship, additional supporting documents are found, or the violation was made in error, an appeal can be submitted to the District no later than the close of business on the day before the date scheduled for enforcement action. Any Notice of Violation not timely appealed will be final. The waiver may be granted, conditionally granted or denied based upon any included support documents. These documents can include a written statement of explanation, photographs, maps, drawings, etc. Further, pursuant to Ordinance 09-01, Section 7, the General Manager's Designee will act upon any completed Notice of Review (Exhibit 11 no later than seven (7) calendar days after receipt of the appeal with a Notice of Decision (Exhibit J) sent to the address requesting the appeal. The decision of the Designee can be appealed to the General Manager, with the completion of another application within seven (7) days of the date of denied waiver. The General Manager will act upon the appeal within thirty (30) calendar days. The decision of the General Manager is final. 1 understand that any information provided on ties form or in supporting documentation that is found to be willfully falsified shall result in an automatic denial of the appeal. Signature FOR OFFICE USE ONLY Approved Conditionally Approved Denied C17M Yorba Linda Water District Exhibit "J" Notice of Decision This notice is pursuant to Ordinance 09-01 Pursuant to Ordinance 09-01, if, due to unique circumstances, a specific requirement of the Ordinance restrictions would result in undue hardship, additional supporting documents are found, or the violation was made in error, an appeal can be submitted to the District no later than the close of business on the day before the date scheduled for enforcement action. Any Notice of Violation not timely appealed will be final. The waiver may be granted, conditionally granted or denied based upon any included support documents. These documents can include a written statement of explanation, photographs, maps, drawings, etc. Pursuant to Ordinance 09-01, Section 6, the General Manager's Designee will act upon any completed Notice of Notice of Appeal no later than seven (7) calendar days after receipt of the appeal. Unless specified otherwise at the time approved, the variance will apply to the subject property during the period of the mandatory water supply shortage condition and if approved or conditionally approved, will apply from the date of approval only. Any previous violations and/or subsequent penalties are final. The decision of the General Manager's Designee can be appealed to the General Manager by written notice within seven (7) calendar days of the date of the denied waiver. The General Manager shall act upon an appeal within thirty (30) calendar days after receipt of the appeal with a Notice of Decision sent to the address requesting the appeal. The decision of the General Manager shall be final in the case of an appeal for a waiver. In the case of an appeal of a violation fine, should the District deny the customer relief, the customer may appeal the denial of the protest by filing a Form SC 100 with the Small Claims division of the Superior Court within 25 days of the District's decision to deny the protest. (Gov. Code, § 53069.4 (b)(1); Cal. Code of Civ. Pro., § 1013 (a).) Request for Appeal of: Waiver Violation_ Request Decision: Approved- Conditionally Approved Denied Decision Reason: Issued by: Signature: Date: ® Yorba Linda Water District Ordinance 09-01 Violation Log Exhibit "K" Name of Customer& Violation Observed Date&Time Door Hanger Employee Signature& Employee Number Street Address where Left at In compliance v,,A California Code of r-MI Procedure§2015.5,in Violation was observed Address of signing this declaration I do hereby declare under penalty of perjury that Violation? the Foregoing is true and correct: Customer Name: Watering between gam & 6 pm r_Water more than 15 minutes per Water Date: YES Date- Address: station per day _Excess Water Flow 1 Runoff Place: ,California Washing down of hard surfaces _Watering when it is raining Signature Other: Time: NO Employee# Customer Name: _Watering between 9am & 6 pm Water more than 15 minutes per Date: YES Date: Customer Address: _ station per day _Excess Water Flow 1 Runoff Place: _ _ ,California Washing down of hard surfaces Watering when it is raining Signature _�Other: Time: NO Employee# Customer Name: Watering between 9am& 6 pm Water more than 15 minutes per Date: YES Date: Customer Address: station per day _Excess Water Flow 1 Runoff Place: ,California _Washing down of hard surfaces _Watering when it is raining Signature Other: Time: NO Employee# Customer Name; Watering between 9am& 6 pm _ Water more than 15 minutes per Date: YES Date: Customer Address: station per day _Excess Water Flow 1 Runoff Place: ,California down of hard surfaces _Washing _Watering when it is raining Signature Other: Time: NO AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a parry to or interested in the above entitled matter. I am the principal clerk of The Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which newspaper has Proof of Publication of been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of - 1/18/52, Case No. A-21046, that the notice, of "a alp rift 0i FW VOBUONa CO ANOiON iANV OF OROOROINANCINC -nou MSTITYTINOyyATR OONfBgVAT10N which the annexed is a true printed copy, has been WATER iti MOW ATERWA ii PMOW TiRall AOAIgq MORT4Oi iuPfylV CONTIN06NCSao published in each regular and entire issue of said NOTICE IS HEREBY GIVEN that an May 14 2009, Me Board of Directors, of the Yorba lrnds Water 13firr t will hold a' public learln9 &1 '0:30 p.m., or as soon thereafter ae practl.l newspaper and not in any supplement thereof on oeble,at1717East MealamaAvenue. P.In ntoCA;1part, of the RegUler Meating of the Board. The6oattl will hoi lha~ the following dates,tOWlt: publiclieannginaMa breceNaoral andwrlnentestIM9 regarding Ma prop ad adapddn of On inence No. 0941. Written eamments ma be filed at anytime prior to conclui slon of the public he8n9. Those deeming to orally comment. may do so during the hearing. Written comments should be. addressed to the attention of the Management Analyst at May 7, 2009 the abovamenlloned address. Upon, conclusion o the of proposed Otclk non hearing, -01 wNUh~wouldrInsWdie water conservation! measures, prohibition against water waste and Water Short, eg "I certify (or declare) under the penalty of perjury oslied contingencies, - pond. sh llcopy of ethe d in the OMlneo of the h ate pt 7 all under the laws of the State of California that the aa°n pnofr to oche Bova d° arioffice d which said District na ce will besonsidered and will be evadable for review. The Dla-, Ind'-offices are located at the abovevnardloned address. foregoing is true and correct": Coplssofthe Ominanca are avallable by -ailingg the Execu- tive secretary at 1714) 701-3021 or on the Dietriet'a webatte:. Executed at Santa Ana, Orange County, athttpAlwwwylw.coni California, on Surantry of OrdtOa e The OrdmenEO would set permanent water wrinnnabon measures end prchibltlbnabapel3w r waste and define lour water supply'shortage e~ape said provide fur- Date: May 7, 2009 Merresmollons an watac p¢ .ld a Julon Me Ordinance would allow for a hwdshlp.vdanciVat the Dinsrat"disc/a-. lion agamat the approved restriction and for an appppeal' process di the fines and n nalbsa esabciatetl with walaliona wllnessa by y Olds personnel. _ Publish: Orange County Register May 7, 2009 R-702 61Signature The Orange County Register 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 eat. 2209 PROOF OF PUBLICATION AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which newspaper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 1/18/52, Case No. A-21046, that the notice, of which the annexed is a true printed copy, has been published in each regular and autnnnnrOPaoowreoonotnanceno.oa>o, At its regular meeling on May 14 2009, the Bawd of Dimes, entire issue of said newspaper and not in any tors of the vorea Linde water Visa adcpted an Ordinance InsOtuting water conservation measures, prohibition against supplement thereof on the followi water waste, and water shortage supply conlingencles. The following dates, to mcwdpd vote of the Board m as follows: wit: Ayes: ohectomArmstrang. Beverage, Mills and 5ummer0eld Nose: None Abstain: None May 21, 2009 Absent: Dimctw collett A certified copy of the lull Ordinance No. 09.01 is posted in the office of the District along with the norms dtthose dims- , tam voting for and against the Ordinance: The Anthony's I certify (or declare) under the penalty of oROes era located at the foltowing address: 1717 East Mimloma Avenue, Placentia CA 92870. The Ordinance can also be viewed or cl w foaded from the District's wabaim at, perjury under the laws of the State of California www.ylwd.cam. that the foregoing is true and correct": eMm•rn mo.am.nea urges Ordinance rp lh konsp®ggeIng War Were aannd d fines etoour Executed at Santa Ana, Orange County, water Supply shonagm aYegas that would provide further rat strictions an water use, In addition, the Ordinance allows far California, on A hardship variance at the Dietrids disere8or, agalna he 1p penalties ree0ictiane-and f}arw an Jinim„prgogosq tJ P llnea and penalties aeeoClood, Mfr vlo olio"ne wifnafaed by Dhe Date: May 21, 2009 Beat pemonnet. I Puolish: Orenga County Register May 21,2009 8.910 M Stature The Orange County Register 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 2209