Ordinance No. 995
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ORDINANCE NO. 995
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AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF VERNON ADOPTING WATER CONSERVATION
RESTRICTIONS, BY ENACTING ARTICLE VI,
WATER CONSERVATION, TO CHAPTER 25 OF THE
VERNON CITY CODE, DECLARING THE URGENCY
THEREOF, AND THAT IT WILL TAKE IMMEDIATE
EFFECT
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7 WHEREAS, the water supply conditions prevailing in the
8 ci ty of Vernon and in the area from which the City of Vernon
10 resources available to the City be put to the maximum possible
9 obtains a portion of its supply, requires (1) that the water
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benef icial use;
(2) that waste, unreasonable use, or
12 unreasonable method of use of City water be prevented; and (3)
13 that the conservation of city water be practiced, all in the
14 interest and general welfare of the people of the City of
15 Vernon;
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WHEREAS, the State of California has experienced
17 drought conditions for several consecutive years; and
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WHEREAS, the Central Basin Municipal Water District
19 ("Central Basin") has adopted Ordinance No. 1-91-16 requesting
20 that the City of Vernon provide a mandatory conservation plan by
21 March 31, 1991, in order to minimize the effect of a shortage of
22 water supplies on the customers of the City of Vernon in case of
23 a water shortage emergency; and
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WHEREAS, said Central Basin Ordinance No. 1-91-16 will
25 impose surcharges for excessive use of water by the City of
26 Vernon and its customers and will grant credits for conservation
27 measures which reduce water use below the staged percentages
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WHEREAS, due to the drought, the ordinary demands and
requirements of water consumers in the area may not be satisfied
without depleting the water supply to the extent that there
would be insufficient water for human consumption, sanitation
and fire protection due to the reduction in the water supply
from the Metropolitan Water District ("Metropolitan"); and
WHEREAS, Metropolitan has adopted certain phasing
programs of water conservation measures which may be implemented
depending upon the severity of the water shortage. Said water
conservation measures may restrict by penalties the amount of
water the City may receive from Metropolitan. Any reduction in
water supplies will require the City to implement water
conservation programs of its own; and
WHEREAS, the City must immediately adopt regulations
and encourage all residents and businesses within the City to
implement a drought water conservation program and, in case of a
water shortage, limit the amount of water which may be delivered
to customers to protect the health, welfare and safety of the
community; and
WHEREAS, if a drought water conservation program is
adopted, the water supply should be adequate to serve the
primary health and safety needs of the City; and
WHEREAS, the City of Vernon supplies potable water to
approximately 1090 businesses and households; and
WHEREAS, the City Council of the City of Vernon is
authorized to enact the provisions of this ordinance as an
urgency measure, upon its determination that such enactment is
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1 necessary to protect the public welfare and safety; and
2 WHEREAS, there is an urgency in adopting this ordinance
3 in order to protect the water needs of the city of Vernon, for
4 the immediate preservation of the public peace, health, safety,
5 comfort, convenience and general welfare of the City of Vernon
6 and its inhabitants, employees, and businesses.
7 THE CITY COUNCIL OF THE CITY OF VERNON DOES ORDAIN AS
8 FOLLOWS:
9 SECTION 1: Findinqs.
10 The City Council of the City of Vernon hereby finds and
11 determines that the recitals contained hereinabove are true and
12 correct.
13 SECTION 2: Enactment.
14 Article VI of Chapter 25 of the Code of the City of
15 Vernon, "Water Conservation", is hereby enacted containing Code
16 sections 25.100 through 25.111 to read as set forth in Appendix
17 A which is attached hereto and made a part hereof by reference.
18 SECTION 3: Urqency Ordinance.
19 This ordinance is hereby declared to be urgently
20 required for the immediate preservation of the public peace,
21 health, safety, comfort, convenience and general welfare of the
22 City of Vernon and its inhabitants, employees and businesses and
23 shall take effect immediately upon its adoption. The following
24 is a statement of the facts necessitating the urgency:
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1 (a) In order that the city of Vernon may immediately
2 provide for the conservation of water when water
3 supplies are being reduced and surcharges are
4 being imposed for excessive use;
5 (b) In order that the City of Vernon may conform to
6 Central Basin Ordinance No. 1-91-16 which requests
7 adoption of a water conservation ordinance by
8 March 31, 1991; and
9 (c) In order to protect the health, safety, and
10 general welfare of the City of Vernon and its
11 inhabitants.
12 SECTION 4: Violation.
13 Violation of this ordinance or any part thereof is
14 punishable by a fine of not more than One Thousand Dollars, or
15 by imprisonment in the County Jail for a period of not more than
16 six (6) months, or by both such fine and imprisonment. Each day
17 or any portion thereof during which any violation of any
18 provision of this ordinance is committed, continued or
19 permitted, constitutes a separate and individual offense.
20 SECTION 5: Conflicts.
21 Any ordinance or resolution or parts of ordinances in
22 conflict with this ordinance are hereby repealed.
23 SECTION 6: Severability.
24 If any section, subsection, sentence, clause, or phrase
25 or word of this ordinance is for any reason held to be void or
26 unconstitutional, such decision shall not affect the validity of
27 the remaining portions of this ordinance; it being the intention
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1 of the city Council of the City of Vernon to adopt and pass this
2 ordinance and each section, subsection, sentence, clause or
3 phrase thereof irrespective of the fact that one or more of the
4 sections, subsections, clauses, sentences or phrases thereof may
5 be declared void or unconstitutional.
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SECTION 7: Postinq.
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There being no newspaper printed, published or
8 circulated in the City of Vernon, the City Clerk is hereby
9 directed to certify to the passage of this ordinance and shall
10 post the same, or cause the same to be posted, within fifteen
11 (15) days after its passage in accordance with section 36933 of
12 the Government Code, in three (3) of the most public places in
13 the City of Vernon, to wit: the northwest corner of 38th Street
14 and Santa Fe Avenue, the northeast corner of Leonis Boulevard
15 and Pacific Boulevard, and on the bulletin board in the lobby of
16 the City Hall of said City, located at 4305 Santa Fe Avenue, all
17 in the City of Vernon, County of Los Angeles, State of
18 California.
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SECTION 8: Effective Date
20 This ordinance shall take effect immediately upon its
21 passage.
22 APPROVED AND ADOPTED this 19th day of March, 1991.
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~~4~-C~-<A
..-- .. LEONIS C. MALB~, Mayor
ATTESJ7 /' /' _ "--
/0- 1/ /l<<~
BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA )
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2 COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of
4 Vernon, do hereby certify that the foregoing Ordinance, being
5 Ordinance No. 995, was duly and regularly introduced at a
6 regular meeting of the City Council of the City of Vernon, held
7 on Tuesday, March 19. 1991, and thereafter finally adopted at a
8 regular meeting of said City Council held on Tuesday,
9 March 19. 1991, and thereafter duly signed by the Mayor of the
10 City of Vernon, by the following vote:
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AYES:
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Councilmen: Malburg, Ybarra, Davis
McCormick, Gonzales
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NOES:
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Councilmen:
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ABSENT:
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Councilmen:
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BRUCE V.
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(SEAL)
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1 Appendix A
2 Chapter 25. Water
3 ARTICLE VI
4 WATER CONSERVATION
5 Sec. 25.100. Purpose and Interpretation.
6 The purpose of this ordinance is to protect the health,
7 safety and general welfare of the people by ensuring that water
8 supplies will be conserved. To this end, minimum requirements
9 are contained in this ordinance to protect the water supplies
10 and to establish standards for reductions in the use of water in
11 the City of Vernon.
12 (a) Meaning of Terms. Except as otherwise required by
13 the context of this ordinance, the terms used in this ordinance
14 shall have the same meaning as used elsewhere in this Chapter
15 25.
16 (b) Tense or Gender. Words used in the present tense
17 include the future as well as the present. Words used in the
18 masculine gender include the feminine and neuter. The singular
19 number includes the plural, and the plural the singular.
20 (c) section Headinqs. When contained in this
21 ordinance, section headings shall not be deemed to govern,
22 limit, modify, or in any manner effect the scope, meaning or
23 intent of the provisions of any section.
24 Sec. 25.101. General Prohibition.
25 No customer of the City of Vernon shall make, cause,
26 use or permit the use of City water in a manner contrary to any
27 provision of this ordinance or in an amount which exceeds that
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1 permitted pursuant to action taken by the City council in
2 accordance with the provisions of this ordinance.
3 Sec. 25.102. Determination of Water Shortage.
4 Whenever the City Council of the City of Vernon
5 determines that an increase in water shortage has occurred and
6 that corrective measures shall be undertaken pursuant to Phase I
7 Shortage, Phase II Shortage, or Phase III Shortage, a notice
8 thereof shall be posted in three (3) of the most public places
9 in the City, to wit: the northwest corner of 38th Street and
10 Santa Fe Avenue, the northeast corner of Leonis Boulevard and
11 Pacific Boulevard, and on the bulletin board in the lobby of the
12 city Hall of said City, located at 4305 Santa Fe Avenue, all in
13 the City of Vernon, County of Los Angeles, State of California.
14 A copy of said notice shall be sent with each water
15 bill. Any prohibitions or limitations on the use of water shall
16 become effective thirty (30) days after such postings.
17 Sec. 25.103. Phase I Shortage.
18 A Phase I Shortage shall be declared when the City
19 Council determines it is likely that the City of Vernon will
20 suffer a shortage of more than ten percent (10%) and up to
21 twenty percent (20%) in City water supplies.
22 The following restrictions on the use of water shall
23 be in effect during a Phase I Shortage:
24 (a) There shall be no hose washing of sidewalks,
25 walkways, driveways, parking areas or other paved surfaces,
26 except as is required to alleviate immediate sanitation or
27 health hazards.
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1 (b) Washing of buildings, facilities, equipment,
2 motor vehicles, trailers, boats and other types of mobile
3 equipment shall be done with a hand-held bucket or a hose
4 equipped with a positive shutoff nozzle for quick rinses;
5 provided that no such waste shall be discharged in violation of
6 Vernon City Code section 21.19. Washing is permitted at any
7 time on the immediate premises of a licensed commercial car or
8 truck wash.
9 (c) No City water shall be used to clean, fill or
10 maintain levels in decorative fountains, ponds, lakes or other
11 similar aesthetic structures unless such water is part of a
12 recycling system.
13 (d) No restaurant, hotel, cafe, cafeteria or other
14 public place where food is sold, served or offered for sale,
15 shall serve City water to any customer unless expressly
16 requested.
17 (e) All customers of the City shall promptly repair
18 all leaks from indoor and outdoor plumbing fixtures.
19 (f) Lawn, landscaped or other turf areas shall not be
20 watered more often than every other day and shall not be watered
21 between the hours of 10:00 a.m. and 4:00 p.m.; except that this
22 provision shall not apply to commercial nurseries and other
23 industries which depend upon such watering.
24 (g) No customer of the City shall cause or allow city
25 water to run off landscaped areas into adj oining streets,
26 sidewalks or other paved areas due to incorrectly directed or
27 maintained sprinklers or excessive watering.
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1 (h) city water from fire hydrants shall only be used
2 for fire fighting, for the public health, safety, welfare and
3 for construction activities as approved by the Director of
4 Community Services. Flushing of water mains will not be
5 permitted except as necessary to protect public health.
6 Sec 25.104. Phase II Shortage.
7 A Phase II Shortage shall be declared when the City
8 Council determines it is likely that the City of Vernon will
9 suffer a shortage of more than twenty percent (20%) and up to
10 thirty percent (30%) in City water supplies.
11 The following restrictions on the use of City water
12 shall be in effect during a Phase II Shortage:
13 (a) The restrictions listed in Sec. 25.103 shall be
14 in effect, except that the restrictions on watering lawn,
15 landscaped or other turf areas shall be modified to prohibit
16 watering more often than every third day and shall be prohibited
17 from watering between the hours of 6:00 a.m. and 6:00 p.m.
18 (b) Commercial nurseries and other water-dependent
19 industries shall be prohibited from watering lawn, landscaped or
20 other turf areas more often than every other day and shall be
21 prohibited from watering between the hours of 10: 00 a.m. and
22 4 : 00 p. m.
23 (c) No customer shall make, cause, use or permit the
24 use of City water for any purpose in an amount in excess of
25 eighty-five percent (85%) of the amount used on the customer's
26 premises during the corresponding billing period during the 1989
27 calendar year.
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1 Sec. 25.105. Phase III Shortage.
2 A Phase III Shortage shall be declared whenever the
3 city council determines it is likely that the City of Vernon
4 will suffer a shortage of more than thirty percent (30%) in City
5 water supplies.
6 The following restrictions on the use of City water
7 shall be in effect during a Phase III Shortage:
8 (a) The restr ictions 1 isted in Sec. 25. 103 and Sec.
9 25.104 shall be in effect, except that there shall be no outside
10 watering of lawn, landscaped or other turf areas at any time
11 except by bucket or other such container.
12 (b) Commercial nurseries and other water-dependent
13 industries shall be prohibited from watering lawn, landscaped
14 and other turf areas more often than every third day and shall
15 be prohibited from watering between the hours of 6:00 a.m. and
16 6:00 p.m.
17 (c) The use of water from fire hydrants shall be
18 limited to fire fighting and related activities. other uses of
19 City water for municipal purposes shall be limited to activities
20 necessary to maintain the public health, safety and welfare.
21 (d) No customer shall make, cause, use or permit the
22 use of City water for any purpose in an amount in excess of
23 eighty percent (80%) of the amount used on the customer's
24 premises during the corresponding billing period of the 1989
25 calendar year.
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1 Sec. 25.106. Relief from compliance.
2 The Director of Community services of the City of
3 Vernon shall develop such procedures as are necessary to process
4 applications for relief and shall, upon the filing by a customer
5 of an application for relief, take such steps as are reasonable
6 to resolve the application.
7 (a) A customer may file an application for relief
8 from any provision of this ordinance.
9 (b) The application for relief may include a request
10 that the customer be relieved, in whole or in part, from the
11 City water use curtailment provisions of Sec. 25.104(c) or
12 25.105(d).
13 (c) In determining whether to grant relief, and the
14 nature of any relief, all relevant factors shall be taken into
15 account including, but not limited to, the following:
16 (1) Whether any additional reduction in water
17 consumption will result in unemploYment;
18 (2) Whether additional members have been added
19 to the household;
20 (3) Whether any additional landscaped property
21 has been added to the property since the corresponding billing
22 period of the prior calendar year;
23 (4) Whether changes in vacancy factors have
24 occurred;
25 (5) Whether the number of employees of the
26 customer have increased;
27 (6) Whether production has increased requiring
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1 increased City water for processing;
2 (7) Whether new construction is taking place;
3 (8) Whether adjustments to City water use are
4 warranted because of emergency health or safety hazards; and
5 (9) Whether City water use is necessary for
6 reasons related to family illness or health.
7 (d) No relief shall be granted unless the customer
8 has achieved the maximum practical reduction in City water
9 consumption other than in the specific areas in which relief is
10 being sought. No relief shall be granted to any customer who,
11 when requested in writing by the Director of Community services
12 fails to provide any information necessary for resolution of the
13 customer"s application for relief.
14 (e) Notice of the determination of the Director of
15 Community services shall be given in writing.
16 Sec. 25.107. Failure to comply.
17 (a) For each violation by any customer of the water
18 use curtailment provision of Sec. 25.104(c), a surcharge shall
19 be imposed in an amount equal to fifty percent (50%) of the
20 portions of the water bill that exceeds the respective
21 percentages set in said section. For each violation by any
22 customer of the water use curtailment provision of Sec.
23 25.105 (d), a surcharge shall be imposed in an amount equal to
24 100 percent (100%) of the portions of the water bill that
25 exceeds the respective percentages set in said section.
26 (b) violation by any customer of any other water use
27 prohibitions of this ordinance shall be penalized as follows:
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1 (1) First violation. A written notice of a
2 first violation shall be issued to the customer.
3 (2) Second violation. For a second violation
4 the City shall impose a surcharge in an amount equal to ten
5 percent (10%) of the customer's water bill.
6 (3) Third and subsequent violations. For a
7 third and each subsequent violation, the City may impose an
8 additional surcharge of ten percent (10%) for each such
9 violation and the city may install a flow restricting device on
10 the service of the customer at the premises at which the
11 violation occurred for a period determined by the Director of
12 Community Serviees. The City shall charge the customer the
13 reasonable costs incurred for installing and for removing the
14 flow-restricting device and for restoration of normal service.
15 The charge shall be paid before service can be restored.
16 (c) The City of Vernon shall give notice of violation
17 to the customer committing the violation in writing by certified
18 mail to the address as appears on the regular water bill.
19 The notice shall contain a description of the facts of
20 the violation, a statement of the possible penalties for each
21 violation and a statement informing the customer of his right to
22 a hearing on the merits of the violation pursuant to Sec.
23 25.108.
24 Sec. 25.108. Hearing Regarding Violations.
25 (a) Any customer receiving notice of a second or
26 subsequent violation of this ordinance shall have a right to a
27 hearing by the Director of Community Services of the City of
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1 Vernon.
2 (b) Within thirty (30) days of mailing of the notice
3 of violation, the customer must file a timely written request
4 for a hearing with the Director of Community Services, which
5 request shall automatically stay installation of a flow-
6 restricting device on the customer's premises until a decision
7 has been rendered.
8 (c) The customer's request for a hearing shall not
9 stay the imposition of a surcharge. The customer shall deposit
10 wi th the city of Vernon money in the amount of any surcharge
11 due. If it is determined that the surcharge was wrongly
12 assessed, the city of Vernon will refund any money deposited to
13 the customer.
14 (d) Notice of the decision of the Director of
15 community Services shall be given in writing.
16 Sec. 25.109. Appeal.
17 Any determination or decision by the Director of
18 Community Services may be appealed to the city council. Such
19 appeal shall be filed within thirty (30) days of said
20 determination or decision. The decision of the City Council
21 shall be final.
22 Sec. 25.110. Determination of Phase I, II, and III Shortage.
23 The City Council may make a determination of Phase I,
24 II, or III Shortage and the need to implement conservation
25 measures as set forth in this ordinance by resolution. The
26 Director of Community services shall file a report and
27 documentation supporting the need for such a determination with
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1 the City Council. If the City Council makes a determination,
2 its resolution shall set forth the findings which support such
3 determination.
4 Sec. 25.111. Public Health and Safety Not to be Affected.
5 Nothing in this ordinance shall be construed to
6 require the City of Vernon to curtail the supply of water to any
7 customer when such water is required by that customer to
8 maintain an adequate level of public health and safety.
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SUPPORTING
DOCUMENTS
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS
CITY OF VERNON
I, GLORIA J. OROSCO, CHIEF DEPUTY CITY CLERK of the
City of Vernon, do hereby certify that I did, on the 28th day of
March 1991, have posted three (3) copies of:
ORDINANCE NO. 995 - An Ordinance of the City
Council of the City of Vernon Adopting Water
Conservation, to Chapter 25 of the Vernon City
Code, Declaring the Urgency Thereof, and That it
will Take Immediate Effect
one in each of the following places, to wit: at the northwest
corner of 38th Street and Santa Fe Avenue; the northeast corner
of Leonis Boulevard and Pacific Boulevard; and on the bulletin
board in the lobby of the city Hall of the City of Vernon,
located at 4305 Santa Fe Avenue, all in said City, there being no
newspaper of general circulation printed and published in the
City of Vernon.
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l!1tJ~~ iLJ ('
~oria J. 0 sco
Chief Deput city Clerk
Date: 3/28/91
subscri~ed and sworn to before me
this ~<2- day of \'\6..R('~\r-., 1991.
~~^-Rac~^-~-dQ
Notary Public in and for the County
of Los Angeles, State of California
:pstngafd
OFFICIAL SEAL
SHARON L. DUCKWORTH
Notary Publlc-CSllfomla
LOS ANGELES COUNTY
My Comm. Exp. May 20. 1991