The purpose of this chapter is to establish standards and procedures for year-round water conservation, to promote the efficient use of water, to reduce or eliminate the waste of water in the city, to complement the city's stormwater regulations and urban runoff reduction efforts, and enable implementation of the city's water shortage contingency plan and demand management measures.
(Ord. 1572 § 2, 2021)
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
"Agriculture/nurseries"
agricultural users and commercial nurseries are defined as businesses which produce crops for commercial benefit.
"Billing unit"
means the unit of water used to apply water rates for purposes of calculating water charges for a person's water usage and equals one hundred cubic feet or seven hundred forty-eight gallons of water.
"Budget-based water allocation"
is a formal definition of the quantity of water that would be required by an efficient level of water use. An allocation is the amount of water a customer is expected to need based on number of residents and landscape square footage. Use above this level may be penalized by a higher commodity rate.
"City"
means the city of Fountain Valley, Orange County, California.
"Commercial/industrial laundry facilities"
are facilities that use water in manufacturing or processing activities and does not include the laundromat or common laundry area facilities.
"Effective date"
means the date the ordinance adopting this chapter becomes effective.
"Hearing officer"
means the person appointed by the city manager to preside over an administrative hearing.
"Impervious surface"
means a constructed or modified surface that cannot effectively infiltrate water. The term includes, but is not limited to, sidewalks, driveways, v-ditches, gutters and roadways.
"Incidental runoff"
means a minimal amount of irrigation water that escapes the area of intended use. This may include minor windblown overspray or mist extending onto adjacent hard surfaces.
"Landscape irrigation system"
means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system.
"Measurable rainfall"
means rainfall of at least one-fourth of one inch of rain as recorded by the National Weather Service, the closest CIMIS station, or any other reliable source of rainfall data available to the city.
"Non-essential water use"
means the application or usage of water for functions or additional activities which do not have any health or safety impacts, are not required by regulation, and are not part of the core function or business process at a site. This would include, but not be limited to, uses such as the watering of planters and landscape at a business, the washing of vehicles on display at a vehicle dealer, and other activities that a reasonable person would concur will reduce extra use of water, while not affecting a given enterprise in a fundamental way.
"Person"
means any natural person or persons, corporation, public or private entity, governmental agency or institution, or any other user of water provided by the city.
"Potable water"
means water that is suitable for drinking.
"Properly programmed"
shall refer to a weather-based or sensor-based irrigation controller that has been programmed according to the manufacturer's instructions and site-specific conditions.
"Public entity"
is a governmental agency with a common interest acting for the people or community for the purpose of local function.
"Public street medians"
means the portion of the roadway separating opposing directions of traffic that is owned and maintained by a public entity.
"Quasi-public entity"
means an entity, other than a governmental agency, whether characterized by statute as a public corporation, public instrumentality, or otherwise, that is expressly created by statute for the purpose of administration of a state or local function.
"Recycled water"
means the reclamation and reuse of non-potable water for irrigation.
"Sensor-based irrigation controller"
means an irrigation controller that operates based on input received from any combination of sensors, such as rain, solar radiation, and soil moisture sensor, installed within and/or around the irrigated landscape area.
"Undue hardship"
is a unique circumstance in which a requirement of the chapter would result in a disproportionate impact on a water user or property upon which water is used compared to the impact on water users generally or similar properties or classes of water use.
"Water conservation officer"
is the city manager or designee.
"Water flow restrictor"
is a device that restricts the flow of water approximately one gallon per minute capacity for meter services up to one and one-half inch size and comparatively sized restrictors for larger services.
"Water quality regulations"
are the stormwater regulations in Chapter 14.40 of the Fountain Valley Municipal Code.
"Water waste"
means uses of water which are prohibited or limited, going beyond the purpose of necessary or intended use, including water runoff, and which could reasonably be prevented.
"Weather-based irrigation controller"
means an irrigation controller that operates based on evapotranspiration rates, soil moisture sensor technology and historic or real-time weather data.
(Ord. 1572 § 2, 2021)
(a) 
The provisions of this chapter apply to any person in the use of any potable water provided by and/or used in the city.
(b) 
The provisions of this chapter do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services.
(c) 
The provisions of this chapter do not apply to the use of recycled water.
(d) 
The provisions of this chapter do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops, or other vegetation intended for commercial sale unless otherwise stated.
(e) 
This chapter is intended solely to further the conservation of water. It is not intended to implement any provision of federal, state, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff.
(Ord. 1572 § 2, 2021)
The following water conservation requirements/demand management measures are effective at all times and are permanent. Violations of this section will be considered waste and an unreasonable use of water. Noncompliance with restrictions on water waste shall be subject to an administrative citation.
(a) 
Limit on Watering Duration. Watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended is limited to no more than fifteen minutes per day per station. This subsection does not apply to landscape irrigation systems that exclusively use very low-flow drip type irrigation systems when no emitter produces more than two gallons of water per hour and weather-based controllers or stream rotor sprinklers that meet a seventy percent efficiency standard.
(b) 
Limits on Watering Hours. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of nine a.m. and six p.m., Pacific Time on any day, except by use of hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.
(c) 
Watering During and After Rainfall. Watering or irrigating of lawn, landscape or other vegetated area with potable water during or within forty-eight hours after measurable rainfall of at least one-fourth of one inch of rain is prohibited.
(d) 
Watering Ornamental Turf on Public Street Medians. Watering or irrigating ornamental turf on public street medians is prohibited.
(e) 
Drought Tolerant Plants. Any new planting should be drought tolerant plants.
(f) 
Water Runoff. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows more than incidental water runoff onto an adjacent property or adjoining sidewalk, driveway, street, alley, gutter, parking lot, ditch or other non-irrigated area is prohibited.
(g) 
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 alleys, 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 hand-held hose equipped with a positive self-closing water shut-off device or a low- volume, high-pressure cleaning machine equipped to recycle any water used. Cleaning shall comply with the city's water quality regulations and best management practices. General maintenance cleaning shall be performed by other means such as by using a broom.
(h) 
Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user's plumbing, irrigation or distribution system must be repaired within seventy-two hours of discovery by user or notification by the city, unless other arrangements are made with the city.
(i) 
Recirculating Water Required for Water Fountains and Decorative Water Features. No person shall use water to operate or maintain levels in decorative fountains, basins, ponds, lakes, waterways or other similar aesthetic structures unless a recirculation device is in use. Filling or refilling ornamental lakes or ponds not equipped with a recirculating pump is prohibited, except to the extent needed to sustain exotic animals or aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to declaration of a water supply shortage level under this chapter. Discharge of water, other than directly to the sanitary sewer system is prohibited. Discharge of filter backwash water to the stormwater drainage system is prohibited.
(j) 
Limits on Washing Vehicles. Using water to wash or clean a vehicle, including, but not limited to, any automobile, truck, van, bus, motorcycle, boat, motor home, or trailer, whether motorized or not, is prohibited, except by use of a hand-held bucket or similar container 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 that recycles water.
(k) 
Commercial Lodging Establishments Must Provide Option to Not Launder Linen Daily. 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.
(l) 
Restaurants Required to Use Water Conserving Pre-Rinse Spray Valves. Food preparation establishments, such as restaurants or cafes, shall use water conserving pre-rinse spray valves.
(m) 
Commercial Car Washes.
(1) 
Commercial car wash facilities shall not permit the washing of any boat or vehicle in such facility or on its premises, other than by the following methods:
(A) 
Use of mechanical automatic car wash facilities utilizing water recycling equipment;
(B) 
Use of a hose that operates on a timer for limited time periods and shuts off automatically at the expiration of the time period;
(C) 
Use of a hose equipped with an automatic shut-off nozzle; and/or
(D) 
Use of bucket and hand washing.
(2) 
All wash/rinse water must be captured and recycled or discharged into the sanitary sewer system through an appropriate treatment system, after obtaining a special discharge permit from the California Regional Water Quality Board, Santa Ana Region and the Orange County Sanitation District.
(3) 
Mobile car detailing enterprises using water shall have a city business license and carry a statement of approval by the Environmental Services Administrator as to knowledge of and compliance with the city's Water Quality Regulations, and the required Best Management Practices and techniques to prevent runoff to storm drains.
(n) 
Washing of Equipment and Machinery. No person shall use a water hose to wash any type of equipment or machinery, or any portion thereof, unless the hose is equipped with an automatic shut-off nozzle. All wash water from such washing/cleaning activity must be prevented from discharging to the stormwater drainage system. All wash water from such washing/cleaning containing chemicals shall be discharged into the sanitary sewer system through an appropriate treatment system. Any person discharging water containing chemicals is required to first obtain a special discharge permit from the California Regional Quality Water Board, Santa Ana Region and the Orange County Sanitation District before such water can be discharged to the sanitary sewer.
(o) 
Cleaning of Structures. No person shall use water through a hose, including pressure-washing, to clean the exterior of any building or structure unless such hose is equipped with a shut-off nozzle. All wash water from such activity must be prevented from discharging to the stormwater drainage system, and shall comply with the city's water quality regulations and best management practices.
(p) 
Swimming Pools and Spas. No person shall empty and refill a swimming pool except to prevent or repair structural damage or to comply with public health regulations. Discharge of pool or spa water, other than directly to the sanitary sewer system is prohibited. Discharge of pool or spa filter backwash water to the stormwater drainage system is prohibited. All pools and spas shall be equipped with a water recirculation device. The use of a pool/spa cover is strongly encouraged to prevent evaporative water loss, and for the additional energy and chemical saving benefits.
(q) 
Commercial/Industrial Laundry Facilities, Laundromats and Common Area Laundry Rooms. New commercial/industrial laundry facilities shall be equipped with a water reclamation system for reuse of rinse water. Laundromats and common area laundry rooms shall install high efficiency clothes washing machines, as older machines are replaced.
(r) 
Visitor-Serving Facilities. The owner and manager of each hotel, motel, restaurant, and other visitor-serving facility shall ensure that such facility displays, in places visible to all customers, placards or decals promoting public awareness of the need for water conservation and/or advising the public that waste of water is prohibited.
(s) 
Public and Quasi-Public Entities. All public and quasi-public entities shall display, in visible locations in all restrooms, kitchens, and dining areas promoting public awareness of the need for water conservation and/or advising the public that waste of water is prohibited.
(t) 
Food Service Facilities.
(1) 
Drinking Water Served Upon Request Only. Eating or drinking establishments, including, but not limited to, restaurants, hotels, cafés, cafeterias, bars, clubs or other public places where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested.
(2) 
Dishwashing and Garbage Disposals. All commercial kitchens with dishwashing facilities shall encourage the activity of scraping food waste into an organic waste recycling container rather than using a garbage disposal.
(3) 
Other Water Using Activities. Defrosting food with running water is prohibited. If using a hose for wash down of kitchens, garbage areas, or any other area required by the health department or for sanitation reasons, it shall have a positive shut-off nozzle. Scoop sinks shall be set at minimum flow at all times, and during hours of operation carefully monitored to avoid using water unnecessarily when the scoop sink is not in active use.
(4) 
New or Remodeled Kitchens. All other water using equipment in new or remodeled kitchens shall use the best available water conserving technology.
(u) 
Construction.
(1) 
No potable water may be used for compacting or dust control purposes in construction activities where there is a reasonably available source of other non-potable water approved by the State Water Resources Control Board Division of Drinking Water and appropriate for such use. This condition must be identified and specified on construction drawings submitted to the city for review.
(2) 
All water hoses used in connection with any construction activities shall be equipped with an automatic shut-off nozzle when an automatic shut-off nozzle can be purchased or otherwise obtained for the size or type of hose in use.
(3) 
All water used on a construction site shall be prevented from entering any part of the stormwater drainage system.
(v) 
Use of Hydrants. No person may use water from any fire hydrant for any purpose other than fire suppression or emergency aid, without first obtaining a city hydrant meter account or written approval from the director of public works or designee.
(w) 
Water Recycling Required if Alternative Available. The use of potable water, other than recycled water, is prohibited for specified uses after the city has provided to the customer an analysis showing that recycled water is a cost-effective alternative to potable water for such uses and the customer has had a reasonable time, as determined by the city manager or designee, to make the conversion to recycled water.
(x) 
Newly Constructed Homes and Buildings. The irrigation with potable water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development is prohibited.
(y) 
Indiscriminate Use. No person shall cause or permit the indiscriminate running of water not otherwise prohibited above which is wasteful and without reasonable purpose.
(z) 
Public Health and Safety. These regulations shall not be construed to limit water use that is immediately necessary to protect public health and/or safety.
(aa) 
Exceptions. The prohibited uses of water are not applicable to that use of water necessary for public health and safety or for essential governmental services such as police, fire and other similar emergency services.
(Ord. 1572 § 2, 2021)
The city's water shortage contingency plan defines six water supply shortage levels corresponding to progressive ranges of up to ten, twenty, thirty, forty and fifty percent shortages and a greater than fifty percent shortage. The city's water supply shortage levels as defined in this section and the city's water shortage contingency plan are aligned with the State Water Shortage Levels and therefore comply with Water Code Section 10632(a)(3) .
The city council by resolution shall require or impose reductions in the use of water if such reductions are necessary in order for the city to comply with water use restrictions imposed by federal, state or regional water agencies, or to respond to local or regional water shortage conditions and emergencies, as defined in the city's water shortage contingency plan. Depending on the expected duration and severity of the shortage, these measures may include, but are not limited to, some or all of the water conservation/demand management measures listed for each of the six water supply shortage levels, which shall take effect upon declaration by the city council. In an emergency, the city manager or his/her designee may make the declaration, which will be ratified by the city council at a subsequent meeting.
During each elevated water supply shortage level, the water conservation/demand management measures will include the permanent water conservation requirements and the water conservation/demand management measures of the previous level(s). Each level is intended to be more restrictive than the previous level(s).
Noncompliance with restrictions on water waste shall be subject to an administrative citation.
(a) 
Level 0—Normal Water Supply Conditions. Level 0 exists during periods when the city anticipates no supply reductions. city proceeds with planned water efficiency best practices to support consumer demand reduction in line with state mandated requirements and local goals for water supply reliability. Permanent water conservation requirements (Section 14.18.040) are in place at all times to prevent waste and unreasonable use of water.
(b) 
Level 1—Water Supply Shortage. Level 1 water supply shortage exists when the city determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of up to ten percent is necessary to make more efficient use of water and appropriately respond to existing water conditions.
(1) 
Percentage Use Reductions. All users are required to reduce their usage by up to ten percent or a percentage determined by staff to be necessary to sustain adequate water supply for the city. Such percentage shall be based both on the rate of supply to the city and the rate of current demand.
(2) 
Staff. All city staff to be alerted to the water supply shortage level conditions, supplied with educational material, and directed to actively intervene and educate the public, when excessive use is observed.
(3) 
Lawn Watering and Landscape Irrigation. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to three days per week.
(4) 
Adjust Water Usage Rates. The city may increase water usage rates, which would apply for the duration of the Level 1 water supply shortage.
(5) 
Agriculture/Nurseries. All non-essential water use should cease.
(6) 
Public Entities. All non-essential water use should cease.
(7) 
Commercial/Industrial Use. All non-essential water use should cease.
(8) 
Other Prohibited Uses. The city may prohibit other water uses as determined by the city, after notice to customers.
(9) 
Other Actions Possible. Initiate or implement additional or innovative actions to increase the supply of water available to the city and to conserve the city's existing water supply.
(10) 
Media. The declaration of this and subsequent water supply shortage levels shall be communicated to the media.
(c) 
Level 2—Water Supply Shortage. Level 2 water supply shortage exists when the city determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of eleven to twenty percent is necessary to make more efficient use of water and appropriately respond to existing water conditions.
(1) 
Percentage Use Reductions. All users are required to reduce their usage by eleven to twenty percent or a percentage determined by staff to be necessary to sustain adequate water supply for the city. Such percentage shall be based both on the rate of supply to the city and the rate of current water demand.
(2) 
Staff. At the discretion of the city manager or designee, hire, divert, or employ additional city staff and volunteers to monitor water usage, provide assistance to water users to reduce their water consumption, and to monitor the enforcement of the requirements, restrictions and priorities adopted by the city in response to the water supply shortage condition.
(3) 
Lawn Watering and Landscape Irrigation. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to three days per week on a schedule established and posted by the city.
(4) 
Adjust Water Usage Rates. The city may increase water rates, which would apply for the duration of the Level 2 water supply shortage.
(d) 
Level 3—Water Supply Shortage. Level 3 water supply shortage exists when the city determines, in its sole discretion, that due to drought or other supply reductions, a water supply shortage exists and a consumer demand reduction of twenty-one to thirty percent is necessary to make more efficient use of water and respond to existing water conditions.
(1) 
Percentage Use Reductions. All users are required to reduce their usage by twenty-one to thirty percent or a percentage determined by staff to be necessary to sustain adequate water supply for the city. Such percentage shall be based both on the rate of supply to the city and the rate of current water demand.
(2) 
Adjust Water Usage Rates. The city may increase water rates, which would apply for the duration of the Level 3 water supply shortage.
(3) 
Residential Car Washing. Washing of autos, trucks, trailers, boats, airplanes, motor homes, and other types of mobile equipment is prohibited, other than at a commercial car wash.
(e) 
Level 4—Water Supply Shortage. Level 4 water supply shortage exists when the city determines, in its sole discretion, that due to drought or other supply reductions, a water supply shortage exists and a consumer demand reduction of thirty-one to forty percent is necessary to make more efficient use of water and respond to existing water conditions.
(1) 
Percentage Use Reductions. All users are required to reduce their usage by thirty-one to forty percent or a percentage determined by staff to be necessary to sustain adequate water supply for the city. Such percentage shall be based both on the rate of supply to the city and the rate of current water demand.
(2) 
Lawn Watering and Landscape Irrigation. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to two days per week on a schedule established and posted by the city.
(3) 
Adjust Water Usage Rates. The city may increase water rates, which would apply for the duration of the Level 4 water supply shortage.
(4) 
Agriculture/Nurseries. Agricultural users and commercial nurseries may be subject to additional restrictions if the regional or local agency or jurisdiction deems necessary.
(5) 
Air Conditioning. No water shall be used for air conditioning purposes.
(6) 
The issuance of new pool construction permits is prohibited.
(7) 
Hydrant Water Use. Use of a temporary fire hydrant meter from the city, or otherwise using water through a temporary city water service including jumpers is prohibited.
(8) 
No New Potable Water Service. No new potable water service will be provided, no new temporary meters or permanent meters will be provided, and no statements of immediate ability to serve or provide potable water service (such as will serve letters, certificates, or letters of availability) will be issued, except under the following circumstances:
(A) 
A valid, unexpired building permit has been issued for the project; or
(B) 
The project is necessary to protect the public's health, safety, and welfare; or
(C) 
The applicant provides substantial evidence of an enforceable commitment that water demand for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the city.
This provision does not preclude the resetting or turn-on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of one year or less.
(9) 
No New Annexations. Upon the declaration of a Level 4 water supply shortage, the city will suspend consideration of annexations to its service area. This subsection does not apply to boundary corrections and annexations that will not result in any increased use of water.
(f) 
Level 5—Water Supply Shortage. Level 5 water supply shortage exists when the city determines, in its sole discretion, that due to drought or other supply reductions, a water supply shortage exists and a consumer demand reduction of forty-one to fifty percent is necessary to make more efficient use of water and respond to existing water conditions.
(1) 
Percentage Use Reductions. All users are required to reduce their usage by forty-one to fifty percent or a percentage determined by staff to be necessary to sustain adequate water supply for the city. Such percentage shall be based both on the rate of supply to the city and the rate of current water demand.
(2) 
Lawn Watering and Landscape Irrigation. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to one day per week on a schedule established and posted by the city.
(3) 
Adjust Water Usage Rates. The city may increase water rates, which would apply for the duration of the Level 5 water supply shortage.
(g) 
Level 6—Water Supply Shortage Emergency. A Level 6 water supply shortage condition is also referred to as an "emergency" condition. A Level 6 condition exists when the city declares a water shortage emergency and notifies its residents and businesses that a reduction in consumer demand of greater than fifty percent is necessary to make more efficient use of water and respond to existing water conditions. Level 6 applies during extreme water shortage or when a failure of any supply or distribution facility, whether temporary or permanent, occurs in the water distribution system of the State Water Project, Colorado River Aqueduct, Metropolitan Water District of Southern California, Municipal Water District of Orange County, Orange County Water District, or the city's facilities, and the supply of water necessary to meet the city's demands is likely to be further reduced or interrupted. Any and all measures necessary to meet basic health and safety needs shall be undertaken, while all other water uses shall be significantly reduced or prohibited.
(1) 
Percentage Use Reductions. All users are required to reduce their usage by greater than fifty percent or a percentage determined by staff to be necessary to sustain adequate water supply for the city. Such percentage shall be based both on the rate of supply to the city and the rate of current water demand.
(2) 
No Watering or Irrigating. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited. Restrictions may apply to recycled water as necessary. 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, or a very low-flow drip type irrigation system when no emitter produces more than two gallons of water per hour subject to the watering hours restrictions in Section 14.18.040(B);
(B) 
Maintenance of plant materials identified to be rare or essential to the well-being of rare animals;
(C) 
Maintenance of landscape within active public parks and playing fields, day care centers, school grounds, and golf greens, provided that such irrigation does not exceed one day per week on a schedule established and posted by the city, and in accordance with the time restrictions established in Section 14.18.040(A) and (B);
(D) 
Public works projects and actively irrigated environmental mitigation projects.
(3) 
Agriculture/Nurseries. Use of water for agricultural or commercial nursery purposes, except for livestock water, is prohibited.
(4) 
Discontinue Service/Water Flow Device. After providing due process, the city, in its sole discretion, may discontinue service or place a flow restricting device on the meter of consumers who willfully violate provisions of this section.
(5) 
Water Allocations/Water Budgets. The city may establish, develop or adjust budget-based water allocations for any of its classes of water users served by the city, which would apply for the duration of the Level 6 water supply shortage emergency.
(6) 
Adjust Water Usage Rates. The city may increase water rates, which would apply for the duration of the Level 6 water supply shortage emergency.
(Ord. 1572 § 2, 2021)
(a) 
Under Water Code Section 10632.1, the city is required to submit an annual water shortage assessment "report" to the California Department of Water Resources by July 1 of each year beginning July 1, 2022.
(b) 
The city will follow the written decision-making process defined in the city's water shortage contingency plan to assess water supply reliability on an annual basis.
(c) 
City staff will determine if a water shortage exists based on the water supply shortage criteria and stages defined in the city's water shortage contingency plan.
(d) 
Declaration and Notification of a Level 1–5 Water Supply Shortage. In the event a water supply shortage exists, a Level 1–5 water supply shortage may be declared by resolution of the city adopted at a regular or special public meeting held in accordance with state law. The mandatory water conservation/demand management measures applicable to the declared water supply shortage level, as defined in Section 14.18.050 and the adopted water shortage contingency plan, will take effect on the date specified in the resolution. Within five days following the declaration of the shortage level, the city must publish a copy of the resolution in a newspaper used for the publication of official notices. If the city establishes a budget-based water allocation and/or adjusts water rates, it will provide written notice by mail to the address to which the city customarily mails the billing statement for fees or charges for on-going water service in accordance with the guidelines of Proposition 218 contained in California Constitution Article XIII. Budget-based water allocations and/or water rate adjustments will be effective on the date as specified in the notice.
(e) 
Declaration and Notification of a Level 6 Water Supply Shortage Emergency. In the event an emergency water shortage exists, a Level 6 water supply shortage emergency may be declared in accordance with the procedures specified in Water Code Sections 350-352. The mandatory water conservation/demand management measures applicable to a Level 6 water supply shortage emergency, as defined in Section 14.18.050 and the adopted water shortage contingency plan, will take effect on the date specified in the resolution. Within five days following the declaration of the emergency water supply shortage level, the city must publish a copy of the resolution in a newspaper used for the publication of official notices. If the city establishes a budget-based water allocation and/or adjusts water rates, it will provide written notice by mail to the address to which the city customarily mails the billing statement for fees or charges for on-going water service in accordance with the guidelines of Proposition 218 contained in California Constitution Article XIII D. Budget-based water allocations and/or water rate adjustments will be effective on the date as specified in the notice.
(f) 
Sudden Catastrophic Water Supply Shortage. When the city determines that a sudden event has, or threatens to, significantly diminish the reliability or quality of the city's water supply, the city manager may declare a catastrophic water supply shortage and impose whatever emergency water allocations or conservation/demand management actions are deemed necessary to protect reliability and quality of the city's water supply, until the emergency passes or the city takes other action.
(Ord. 1572 § 2, 2021)
(a) 
Commercial Car Wash Systems. Effective on January 1, 2011, all commercial conveyor car wash systems must have installed and operational recirculating water systems, or must have secured a waiver of this requirement from the city.
(b) 
Large Landscape Areas—Rain Sensors. Large landscape areas, such as parks, golf courses, school grounds, and playing fields, that use landscape irrigation systems to water or irrigate, must use landscape irrigation systems with rain sensors that automatically shut off such systems during periods of rain or irrigation timers which automatically use information such as evapotranspiration sensors to set an efficient water use schedule.
(c) 
Reporting Mechanism—Hotline. The city hereby establishes a water waste hotline(s), telephone and/or website (www.fountainvalley.org/199/Water-Division) for residents to report violations of this chapter.
(Ord. 1572 § 2, 2021)
The city manager and all officers and employees of the city shall enforce all the provisions of this chapter. The city manager or designee shall implement and administer this chapter.
(Ord. 1572 § 2, 2021)
Undue and Disproportionate Hardship. If, due to unique circumstances, a specific requirement of this chapter 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 waiver to the requirements as provided in this section.
Written Finding. The waiver may be granted or conditionally granted only upon written finding of the existence of facts demonstrating an undue hardship.
(a) 
Application for a Waiver. Application for a waiver must be on a form prescribed by the city manager or designee, and accompanied by a nonrefundable processing fee in an amount set by resolution of the city council.
(b) 
Supporting Documentation. The written application will be accompanied by photographs, maps, drawings, or other pertinent information as applicable, including a written statement of the applicant.
(c) 
Approval Authority. The city manager or designee will act upon any completed application after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver will be promptly notified in writing of the action taken. The decision of the city manager is final. Unless specified otherwise at the time a waiver is approved, the waiver will apply to the subject property for the duration of the water supply shortage or emergency. The hardship waiver is nontransferable.
(d) 
Required Findings for Waiver. Based on the information and supporting documents provided in the application, additional information provided as requested, and water use information for the property as shown by the records of the city, the city manager, in making the waiver determination, will take into consideration the following:
(1) 
That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other city of Fountain Valley water service customers;
(2) 
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 water service customers generally;
(3) 
That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the city to effectuate the purpose of this chapter and will not be detrimental to the public interest;
(4) 
That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature; and
(5) 
That no person shall be given relief on appeal for hardship unless the water service customer has installed water saving devices, as determined by the city, and made every reasonable effort to reduce water use.
(Ord. 1572 § 2, 2021)
(a) 
Notice of Noncompliance. If any person fails or refuses to comply with this chapter, the city manager or designee shall provide that person with written notice of the violation and an opportunity to correct the noncompliance. The written notice shall:
(1) 
Be posted or presented at the site of the noncompliance;
(2) 
State the time, date, and place of violation;
(3) 
State a general description of the violation;
(4) 
State the means to correct the violation;
(5) 
State a date by which correction is required (period for compliance will be shortened depending on any applicable water supply shortage level);
(6) 
State the possible consequences of failing to correct the violation; and
(7) 
Include appeal and hearing rights and procedures.
(8) 
A copy of the written notice shall be mailed to the address of the violation, to the party who is billed for the water, or to the owner of the property, as appropriate.
(b) 
Compliance Remedies. Failure to correct the notice of noncompliance violation within the time specified in the written notice will result in one or more of the following actions after providing appropriate due process:
(1) 
Any penalties, surcharges or increased charges incurred by the city for excessive use by customers shall be passed on to the customers causing the excessive use of water.
(2) 
Impose an administrative citation of not more than one hundred dollars for a first violation, two hundred dollars for a second violation, and five hundred dollars for each additional violation occurring within the calendar year.
(3) 
Place a flow restricting device on the meter. Payment of the city's charges for installing and/or removing any flow restricting device and for disconnecting and/or reconnecting service per the city's schedule of charges then in effect is the responsibility of the customer.
(4) 
Abate the violation as a nuisance in accordance with Section 14.18.100 of this chapter.
(5) 
Each day that a violation of this chapter occurs is a separate offense.
(c) 
Regulatory Fine Recovery. In the event that a person causes a regulatory agency to levy a fine against the city of Fountain Valley resulting from the person's violations of the provisions of this chapter, such person shall be required to reimburse the city for the fine and associated administrative costs.
(d) 
Administrative Hearing for Notices of Noncompliance, Administrative Citations, Invoices for Costs and Adverse Determinations. Any person receiving a notice of noncompliance, administrative citation, or invoice for costs, or any person who is subject to any adverse determination made pursuant to this chapter, may appeal the matter by requesting an administrative hearing.
(e) 
Request for Administrative Hearing. Any person appealing a notice of noncompliance, administrative citation, invoice for costs or adverse determination shall, within fifteen days of receipt thereof; file a written request for an administrative hearing, accompanied by an administrative hearing fee as established by separate resolution, with the office of the city clerk. Thereafter, a hearing on the matter shall be held before a hearing officer appointed by the city manager within fifteen business days of the date of filing of the written request unless, in the reasonable discretion of the hearing officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted.
(f) 
Hearing Proceedings. The city officer and/or employee issuing the notice of noncompliance, administrative citation, invoice for costs or adverse determination shall appear in support of the notice, citation, invoice for costs or determination, and the appealing party shall appear in support of dismissal of the notice, citation, invoice for costs or determination. Each party shall have the right to present testimony, present their own witnesses and other documentary evidence as necessary for explanation of their case. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper admission of such evidence over an objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding by the hearing officer, unless it would be admissible over an objection in civil actions. The rules of privilege shall be effective to the same extent they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. The appealing party shall notify the city forty-eight hours in advance of the hearing, if legal counsel will be present on their behalf.
(g) 
Final Decision and Appeal. The final decision of the hearing officer shall be issued within thirty days of the conclusion of the hearing and shall be delivered by first class mail, postage prepaid, to the parties. The decision shall include notice that it is final and any legal challenge to the final decision shall be made pursuant to the provisions of Code of Civil Procedure Sections 1094.5 and 1094.6 and shall be commenced within ninety days following its issuance. The administrative hearing fee paid by a prevailing party in an appeal shall be refunded.
(Ord. 1572 § 2, 2021)
Pursuant to Water Code Section 377, any violation of this chapter may be prosecuted as a misdemeanor punishable by imprisonment in the County Jail for not more than thirty days, or by fine not exceeding one thousand dollars or by both.
(Ord. 1572 § 2, 2021)
(a) 
Any condition in violation of the prohibitions of this chapter shall constitute a threat to the public health, safety and welfare, and is declared and deemed a nuisance pursuant to Government Code Section 38771.
(1) 
Court Order to Enjoin or Abatement. At the request of the city manager, or the person designated by the city manager, the enforcing attorney may seek a court order to enjoin and/or abate the nuisance.
(2) 
Notice to Owner and Occupant. Prior to seeking any court order to enjoin or abate a nuisance or threatened nuisance, the city manager, or the person designated by the city manager, shall provide notice of the proposed injunction or abatement to the owner and occupant, if any, of the property where the nuisance or threatened nuisance is occurring.
(3) 
Reimbursement of Costs. All costs incurred by the city in responding to any nuisance, all administrative expenses and all other expenses recoverable under state law, including reasonable consulting fees and attorneys fees, shall be recoverable from the person(s) creating, causing, committing, permitting or maintaining the nuisance.
(4) 
Nuisance Lien. All costs shall become a lien against the property from which the nuisance emanated and a personal obligation against the owner thereof in accordance with Government Code Sections 38773.1 and 38773.5. The owner of record of the property subject to any lien shall be given notice of the lien prior to recording as required by Government Code Section 38773.1.
(5) 
At the direction of the city manager, or the person designated by the city manager, the Attorney for the city is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for a money judgment or by delivery to the county assessor of a special assessment against the property in accordance with the conditions and requirements of Government Code Section 38773.5.
(Ord. 1572 § 2, 2021)
The city manager or designee may, in writing, grant variances to persons who apply on forms supplied by the city. No variance shall be granted to any customer unless the customer has demonstrated that he or she has already achieved the maximum practical reduction in water consumption as can be achieved by the affected property or business. Any variance granted shall be based upon the water consumption rates of similar water users, properties or businesses. No variance shall be granted for the complete filling of any decorative fountain, basin, pond, hot tub, spa or permanent swimming or wading pool, unless the filling occurs as the result of performing necessary leak repairs and unless other provisions of this section are met.
(Ord. 1572 § 2, 2021)
(a) 
In addition to the water conservation requirements and demand management measures established by this chapter, the city manager or designee is authorized to develop and promulgate additional water conservation plans and measures which shall be directed to achieve target goals for reductions in water consumption as determined by the city council by resolution from time to time.
(b) 
The city may, to the extent authorized by law, elect to contract for the services of any public agency or private enterprise to carry out the building services approvals, inspections, and enforcement authorized by this chapter.
(Ord. 1572 § 2, 2021)