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Home My WebLink AboutOrd. No. 1980-597-5985 ORDINANCE N0. 597 AN ORDINANCE OF THE CITY OF LAKE ELSINORE FIXING THE TIME AND PLACE OF REGULAR P1EETINGS OF THE CITY COUNCIL, AND REPEALING ORDINANCE N0. 259. The City Gouncil of the City of Lake Elsinore does hereby ordain as follows: SECTION 1: Regular meetings of the City Council of the City of Lake Elsinore shall be held on the second and fourth Tuesdays of each month, at the hour of seven-thirty o'clock p.m., at the council chambers in the City Hall in the City of Lake Elsinore at 130 South Main Street, Lake Elsinore, California, In the event that such meeting date falls on a legal holiday, then said meeting shall be held on the first day thereafter which is not a legal holiday. ~ SECTION 2: Ordinance No. 259 and all ordinances and parts of ~' ordinances in conflict herewith are hereby repealed. ,~ ~-. p SECTION 3: The City Clerk shall certify to the adoption of this ordinance and cause the same to be published as provided by law. ADOPTED by the Mayor and City Council and attested to by the Clerk this 10th day of December, 1979. s/Nap Harris Mayor of the City of Lake Elsinore ATTEST: s/ Florene Marshall City Clerk of t e City of Lake Elsinore ORDINANCE N0. 598 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE FINDING AN EMERGENCY CAUSED BY FLOODING AND A THREATENED OR EXISTING WATER SHORTAGE, AND RESTRICTING THE USE OF WATER DURING SUCH EMERGENCY AND ESTABLISHING CONSERVATION MEASURES, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. WHEREAS, severe flooding conditions exist within the boundaries of the City of Lake Elsinore being the worst flooding in recorded history, and WHEREAS, the City of Lake Elsinore's sole source of water supply is through purchase from Elsinore Valley Municipal Water District, and WHEREAS, the City of Lake Elsinore's projections show that its reservoirs will be substantially empty by the end of this year unless anticipated demands upon its system are reduced, and WHEREAS, action must be taken by the City Council in order to conserve and protect the public water supply against waste, unrestricted and nonessential uses, and 6 WHEREAS, this Ordinance is enacted pursuant to Section 71640 et seg. of the California water Code and other applicable provisions of the Constitution and laws of the State of California BE IT ORDAINED by the City Council of the City of Lake Elsinore as follows: Section 1. Emergency. The City Council finds that an emergency caused by flooding exists within the service area of Elsinore Valley Municipal Water District and the City of Lake Elsinore, and there is both a threatened and existing water shortage within the City of Lake Elsinore which requires the enactment and enforcement of this Ordinance. SECTION 2. Retail Domestic Uses. This section shall apply to water delivered by the City of Lake Elsinore to its retail customers for domestic, commercial and industrial uses, hereinafter referred to as domestic uses. (a) It is the policy of the City of Lake Elsinore that such .uses of water be reduced by at least thrity percent (30%) and that the City Manager take such measures as he deems reasonable to implement such policy. Changes in the City's water rat~~ schedules as necessary shall also be made by the City Council in order to help achieve such water conservation. (b) This following residential uses of water are hereby found and determined to be nonessential, and under these emergency flood. conditions constitute a waste of water. Therefore, it shall be unlawful for any retail customer of the City of Lake Elsinore to use water supplied by the City of Lake Elsinore for any of the following purposes: 1. Washing any motor vehicle, boat or trailer with running water as opposed to the use of a bucket, or other container, and except a commercial. fixed washing facility; 2. Washing down sidewalks, walkways, driveways, parking lots or other hard surfaced area; 3. Allowing water to run into streets or gutters; 4. Using .excessive amounts of water for any domestic use; 5. Allowing water to be wasted through dripping faucets, or any plumbing leak, after the customer has .been given teen days notice to repair such leak and. has failed to do so. 6. Serving water in restaurants unless specifically requested by the customer. (c) The following industrial uses of water are hereby found and determined to be nonessential, and under these emergency flood conditions a waste of water. Therefore, it shall be unlawful for any retail customer of the City of Lake Elsinore to use water supplied by the City of-Lake Elsinore for any of the following purposes: 1. Washing down any motor vehicle or trailer load for dust prevention purposes. 2. Washing down work roads, sidewalks, parking lots, streets or highways or other hard surfaced area. Section 3. Annexations No new annexation proceedings to the tf~ i`- "'a C~ Q City, where the City is providing water service, shall be processed during the period of this drought emergency, and no water service shall be made to any }ands annexed after adoption of this Ordinance until the flood emergency is over; provided that minor annexations may be completed and served if the City Council determines that any such annexation will not prevent the City from achieving an overall reduction of at least seventy percent (70%). Section 4. Implementation. The City Manager shall have authority to take all reasonable measures to implement this emergency Ordinance, including but not limited to, regulating and prescribing the time, number of times, and length of time when water will be delivered to any customer. He shall also have authority to requdre the installation, where necessary, of devices to restrict or reduce the amount of flow delivered to the customer, and to charge the customer actual cost of installing such device. Section 5. Temporary Variances; Appeals The City Manager may in writing, grant temporary variances for prospective uses of water which other- wise would be prohibited if he finds and d~tt~~nai~i°~es'-that due to unusual circumstances such variance is required to prevent an emergency condition affecting health, sanitation or fire protection. Cases of extreme hardship resulting from this Ordinance, which are beyond the authority of the City Manager to remedy, shall be brought directly to the City Council at any regular meeting. Any appeal from any decision of the City Manager interpreting or enforcing this Ordinance shall likewise be brought directly to the City Council. Section 6. Definition of Customer. The term "customer" as used in this Ordinance shall include any person, association, partnership, cor- poration, or other business entity, mutual water company, public utility, public district, county, state or federal governmental agency, being supplied with water by the City of Lake Elsinore. 8 Section 7. Discontinuance of Service. The City Manager may after one warning by certified mail or personal. service, disconnect the water service of any customer whenever he determines that such customer has failed to comply with any provisions of this Ordinance. .Service so disconnected shall be restored only upon payment of the City's normal turn-on charge, together with any other costs incurred by the City in discontinuing the service, and upon suitable assurance from the customer that the violation will not be repeated during the emergency drought condition. Section 8. Misdemeanor. It shall be a misdemeanor for any person willfully to use or apply water received from the City contrary to or in violation of the provisions of this Ordinance. Upon conviction thereof, such person-shall be punished by imprisonment in the County Jail for not more than thirty days, or by a fine not exceeding $300.00 or by both. Section 9. CEQA. The adoption of this Ordinance and the actions taken hereunder are exempt from the provisions of the California Environmental Quality Act in that they constitute a project undertaken as immediate action necessary to prevent or mitigate an emergency pursuant to Section 15071 of the State EIR Guidelines. Section 10. Duration of Ordinance. This Ordinance shall remain in effect until the City Council finds that the emergency caused by flooding is over. The provisions of this Ordinance shall prevail and control in the event of any inconsistency with any other rules or regulations of the City. Section 11. Severability. If any provision of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the remaining portions of the Ordinance. The City Council hereby declares that it would have passed each phrase thereof, irrespective of the fact that any one or more provisions be declared unconstitutional. Section 12. Effective Date; Publishing. This Ordinance shall be effective immediately upon adoption. Within ten days of such enactment., a copy shall be published one time in the Lake Elsinore Sun, a newspaper of general circulation printed, published, and circulated within the boundaries of the City of Lake Elsinore pursuant to the provisions of Section 71641 of the Water Code. ADOPTED this 25th day of March, 1980, by the City Council of the City of Lake Elsinore. s/ Nap Harris Mayor of the City of Lake Elsinore ATTEST: s/ Florene Marshall City Clerk, City of Lake Elsinore