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HomeMy WebLinkAbout112 - 07/16/2002 - EMERGENCY ORDINANCE PRESCRIBING TEMPORARY RESTRICTIONS ON THE USE OF CITY TREATED WATER FOR LAWN WAT EMERGENCY ORDINANCE NO. 112, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS PRESCRIBING TEMPORARY RESTRICTIONS ON THE USE OF CITY TREATED WATER FOR LAWN WATERING WHEREAS,current projections for water supply and consumption for this and coming years indicate that the quantity of water available for use as municipal treated, or potable, water in Fort Collins may not be sufficient to meet unrestricted demand for the same; and WHEREAS, Section 26-168 of the City Code authorizes the Council, in the event of a drought or water shortage, to place restrictions on all uses of city water and even prohibit, if necessary, all nondomestic uses of city water, upon a recommendation from the City Water Board; and WHEREAS, the City Water Board reviewed various options for proposed water use restrictions at its regular meeting on June 27, 2002, and recommended that the Council order restrictions as described herein in order to preserve municipal water supplies in view of the ongoing drought and anticipated impacts of the drought on said water supplies this year and in future years; and WHEREAS, the Council has reviewed the proposed restrictions and, based on the current conditions and projections for future municipal water supplies in Fort Collins,has determined that such restrictions are appropriate and necessary. NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. The Council hereby adopts the following lawn watering restrictions: A. For the purposes of this Ordinance,"lawn watering"shall be defined to mean the use of treated or potable water obtained from the City to irrigate or water any lawn, grass or turf areas,but shall not include: i. irrigation or watering of flowers, flower beds, trees, shrubs, or vegetable gardens; ii. irrigation or watering ofnewly-planted grass,whether planted by sod or seed,for the 4-week period after the initial planting of said seed or for the 3-week period after installation of said sod, provided that a sign stating the date of such planting or installation has been posted in the watering location and is visible from the street; iii. irrigation or watering of lawn, grass or turf areas with privately owned well water or raw water, provided that the user of any such well or raw water for irrigation or watering has posted a public notice of the same in the watering location and that is visible from the street; or iv. the operation of an automatic watering system to the extent reasonably necessary for repair or maintenance, so long as said operation is carried out so as to minimize the use of water. B. It shall be unlawful, and a violation of the terms and conditions upon which the City shall provide treated water to its customers, for any customer to undertake or permit lawn watering except in accordance with the following: i. No lawn watering shall be permitted on any day between the hours of 10:00 a.m and 6:00 p.m. Consistent with existing Code Section 26- 167,lawn watering and other watering of any yard,grounds,premises or vegetation shall not occur between the hours of 12:00 midnight and 4:00 a.m., except using a programmed automatic sprinkler system. ii. No lawn watering shall be permitted on any Monday. 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 Wednesday & Saturday 3-6 Thursday & Sunday 7-9 Tuesday & Friday 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 Tuesday and Friday(midnight to midnight). C. A City treated water customer may apply to the Utilities Deputy 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 following circumstances applies: i. An area to be watered is in excess of 4 acres in size and cannot be adequately watered by following the two-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. D. In the event that the Utilities Deputy General Manager determines that a permit application meets the eligibility requirements set forth in Section 1.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 Section 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 Section 1.C. Any determination of the Utilities Deputy 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. E. A written determination by the Utilities Deputy General Manager under Section 1.D. may be appealed to Utilities General 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 Utilities General 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 2. Use of City treated water in violation of this Ordinance or in violation of a permit issued hereunder shall constitute a violation of City Code Section 26-51, which authorizes the discontinuation of water service in the event of use of water for purposes not authorized. 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. A written warning shall be issued for a first violation, unless such violation is determined to be a knowing violation. ii. Second and subsequent violations 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. iii. 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. Section 4. The immediate adoption of this Ordinance is necessary to preserve,protect and advance the general welfare of the residents of the City of Fort Collins by preventing the unrestricted use of City potable water from depleting available municipal water supplies such that current and future domestic use of said water may be j eopardized,and the Council hereby determines that an emergency exists requiring the immediate passage of this Ordinance. Section 5. For the foregoing reasons,this Ordinance is enacted pursuant to Section 8 of Article II of the Charter of the City of Fort Collins as an emergency ordinance, and, pursuant to Section 26-168 of the City Code,this Ordinance shall be immediately effective upon publication in the Fort Collins Coloradoan and shall continue in full force and effect thereafter until the Council finds that the need for such restrictions has ended. Section 6. The City Clerk is hereby directed to cause the publication of this Ordinance in the Fort Collins Coloradoan no later than July 21, 2002. Introduced, considered favorably by five (5) members of the Council of the City of Fort Collins and finally passed as an emergency ordinance and ordered published this 16th day of July, A.D. 2002. r Mayor _ A EST: City Clerk