HomeMy WebLinkAbout135 - 09/17/2002 - AMENDING EMERGENCY ORDINANCE NO. 112, 2002 PRESCRIBING TEMPORARY RESTRICTIONS ON THE USE OF CITY TRE ORDINANCE NO. 135, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING EMERGENCY ORDINANCE NO. 112, 2002
PRESCRIBING TEMPORARY RESTRICTIONS ON THE USE
OF CITY TREATED WATER FOR LAWN WATERING
TO REDUCE WEEKLY WATERING FROM TWO DAYS TO ONE DAY,
TO MODIFY RELATED PERMIT PROCEDURES, AND
TO ELIMINATE THE REQUIREMENT THAT WARNINGS BE ISSUED
WHEREAS, on July 16, 2002, the City Council adopted Emergency Ordinance No. 112,
2002, which prescribed certain restrictions on the use of City-treated water for lawn watering, in
view of the current conditions and projections for future municipal water supplies in Fort Collins;
and
WHEREAS, on September 3, 2002,the Council adopted on second reading Ordinance No.
118, 2002, amending Emergency Ordinance No. 112 to increase the time allowable for watering of
new sod and seeded areas, and to make other clarifying changes; and
WHEREAS, the continued drought conditions in the region have resulted in increased
concerns regarding future municipal water supplies for Fort Collins and, as a result, the Council
desires to reduce the level of allowed lawn watering with City-treated water from two days per week
to one day per week; and
WHEREAS,the Council further desires to continue to allow watering of areas newly seeded
or sodded,for the six-week and four-week periods, respectively, as such watering is allowed under
Ordinance No. 112, as amended by Ordinance No. 118; and
WHEREAS,the City Manager has determined that the consideration of permit applications
by the Utilities General Manager, with appeals to the City Manager, is the most appropriate
administrative structure for the permit process; and
WHEREAS,in view of the time that has elapsed since lawn watering restrictions were first
enacted in July, and in order to further advance the enforcement of the restrictions, staff has
recommended that the requirement that a warning be issued for a first violation be eliminated,
recognizing that warnings may still be issued at enforcement staff's discretion.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That subsection 1.B.ii of Ordinance No. 1121 2002,shall be amended to read
as follows:
ii. No lawn watering shall be permitted on any Monday, Tuesday,
Wednesday, or Thursday, except as expressly provided in a permit
issued in accordance with subsection l.C.
Section 2. That subsection 1.B.iii of Ordinance No. 1129 2002,shall be amended to read
as follows:
iii. Lawn watering shall be permitted on properties with specific street addresses,
based on service address as it appears on the applicable water account,on the
following schedule:
Street Address of Premises Lawn Watering Days
Ending with: (Midnight to Midnight)
0-2 Saturday
3-6 Sunday
7-9 Friday
Section 3. That subsection 1.B.iv of Ordinance No. 1129 2002,shall be amended to read
as follows:
iv. Lawn watering shall be permitted on properties without specific street
addresses, such as medians,parkways, or any other property that has
no numeric address, on Friday (midnight to midnight).
Section 4. That subsection 1.0 of Ordinance No. 112, 2002, shall be amended to read
as follows:
C. A City treated water customer may apply to the Utilities General Manager for a
permit for lawn watering on a schedule or in a manner different from those set forth
herein, in the event that one of the circumstances set forth in this subsection I.C.
applies. No permit issued prior to September 10,2002,shall be effective beyond the
effective date of this Ordinance. Any person to whom any such permit has been
issued may reapply for and be issued a new permit if the issuance of such permit is
otherwise consistent with the terms of this Ordinance,which permits shall take effect
on September 27, 2002, or the issuance date of said permit, whichever is later. The
following are the circumstances under which such permits may be issued:
I. An area to be watered is in excess of 4 acres in size and cannot be
adequately watered by following the one-day per week watering
schedule set forth above due to sprinkler system limitations; or
ii. An area to be watered is configured or situated to include more than
one street address or service address that cannot be separately watered
in accordance with this Ordinance; or
iii. An exceptional hardship is imposed upon an individual residential
customer by the restrictions set forth in this Ordinance as a result of
a personal medical or physical condition related to the activities
restricted hereunder.
Section 5. That subsection 1.D of Ordinance No. 112, 2002, shall be amended to read
as follows:
D. In the event that the Utilities General Manager determines that a permit
application meets the eligibility requirements set forth in subsection l.C.,
then he or she shall issue a permit for lawn watering containing such terms
and conditions and modifications of the restrictions set forth in subsection
LB,that he or she determines, in his or her reasonable discretion, will allow
the minimum additional watering necessary to overcome the size,
configuration or personal physical constraint as described in subsection 1.C,
provided that such terms and conditions are generally consistent with the
basic restriction of one watering per week. Any determination of the Utilities
General Manager hereunder shall be issued within five (5) business days of
the submission of a complete application, shall be provided in writing to the
applicant,and shall include an explanation of the basis for any determination
of denial.
Section 6. That subsection LE of Ordinance No. 112, 2002, shall be amended to read
as follows:
E. A written determination by the Utilities General Manager under subsection
I.D. may be appealed to City Manager, provided that notice of any such
appeal shall be filed in writing within five (5) days of issuance of the same
and shall include an explanation of the basis for the appeal. The City
Manager may conduct such investigations as he or she determines appropriate
or necessary to determine whether the decision appealed was arbitrary or
capricious or otherwise inconsistent with the terms of this Ordinance, and
shall issue a written explanation of his or her decision on any appeal within
ten (10) days of the submission of a sufficient notice of appeal.
Section 7. That Section 3 of Ordinance No. 112, 2002, shall be amended to read as
follows:
Section 3. Violation of the terms of this Ordinance in the city or violation
of the terms of a permit issued hereunder shall be deemed to constitute a violation of
the City Code pursuant to City Code Section 1-15, and shall be punishable as
follows:
I. Violation of any provision of this Ordinance or permit issued
hereunder shall be punishable by a minimum fine of fifty dollars
($50) per violation up to a maximum fine of one thousand dollars
($1,000) per violation.
ii. Each day during which a violation of any provision this Ordinance or
permit issued hereunder occurs or continues shall constitute a
separate misdemeanor offense under this Ordinance.
Introduced and considered favorably on first reading this 1 Oth day of September,A.D. 2002,
and to be presented for final passage on the 17th day of September, A. .4002.
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Mayor
ATTEST:
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City Clerk
Passed and adopted on final reading this 17th day of September, A.D. 2002.
Mayor
ATTEST:
City Clerk