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HomeMy WebLinkAbout96-22 - Amending Section 14.12.020 Chapter 14.12 of the Newport Beach Municipal Code Pertaining to Water and Wastewater Rate Adjustments and Text ModificationsORDINANCE NO. 96 - 22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 14.12.020 CHAPTER 14.12 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO WATER AND WASTEWATER RATE ADJUSTMENTS AND TEXT MODIFICATIONS isThe City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Section 14.12.020 of Chapter 14.12 of the Newport Beach Municipal Code shall be amended to read as follows: Chapters: 14.ED 14.04 14.08 14.10 14.12 14.16 • 14. 14.20 20 14.24 14.28 14.30 14.33 14.34 • Title 14 WATER AND SEWERS* Editor's note for Title 14 UTILITIES DIVISION -- GENERAL REGULATIONS* WATER CONNECTIONS* CROSS - CONNECTION CONTROL PROGRAM WATER RATES AND CHARGES* WATER CONSERVATION* WATER - EFFICIENT LANDSCAPING WATER METERS* SEWER CONNECTION, PERMITS* INDUSTRIAL WASTES FOOD ESTABLISHMENT GREASE DISPOSAL WATER CAPITAL IMPROVEMENT CHARGES WATER WELL STANDARDS 1 Sections: 14.04.00E 14.04.010 14.04.020 • 14.04.040 14.04.050 14.04.060 14.04.070 14.04.080 14.04.090 14.04.100 14.04.110 14.04.120 14.04.130 14.04.140 14.04.150 14.04.160 14.04.170 14.04.180 14.04.190 Chapter 14.04 UTILITIES DIVISION GENERAL REGULATIONS* Prior history note for Chapter 14.04. Utilities Division Established. Utilities Manager Defined. Interference With Employees Prohibited. Tampering With Pipes -- Altering Water Flow. Disclaimer of Liability. Maintenance and Use of Fire Hydrants. Permit to Use Fire Hydrants. Cancellation of Fire Hydrant Use Permit. Obstructing Fire Hydrants. Water Shut -Off for Repairs or Extension. Right of Inspection. Enforcement -- Report of Violations. Sale of Water Outside City. Contractual Agreement to Supply Water Outside City. Sale of Excess Water Outside City. Sale to Serve Area of Acquired Agency. Conditions of Service. City Relieved of Liability. * Prior history: 1949 Code 1/4Y47200 -- 7203, 7232 — 7241, 7241.1 -- 7241.3, 7243 and 7244; Ords. 917, 1005, 1067 and 84 -17. • 14.04.010 Utilities Division Established. The Public Works Department is hereby declared to embrace and include all property of every character, real, personal and mixed, now used in or incident to the production, storage, conveyance and delivery of water to the consumers thereof in the City, together with all other property of every character that may hereafter from time to time be added to it for such purposes. The Public Works Director designates the Utilities Manager of the Utilities to administerall the provisions of this Title 14. (Ord. 92- 311/41 (part), 1992) 14.04.020 Utilities Manager Defined. The term "Utilities Manager" wherever used in this chapter shall be held and construed to mean the Utilities Manager of the Utilities Division of the City and any act in this chapter required or authorized to be done by the Utilities Manager may be done on behalf of the Utilities Manager by an authorized officer or employee of the Utilities Division. (Ord. 92- 311/41 (part), 1992) 14.04.040 Interference With Employees Prohibited. No person shall interfere with, or obstruct the Public Works Director, or any of his duly appointed agents or employees, in the execution of any lawful order, or the • provisions of this chapter in the maintenance and operation of the Utilities Division. (Ord. 92- 311/41 (part), 1992) 14.04.050 Tampering With Pipes -- Altering Water Flow. No person, other than the Utilities Manager, or his duly appointed agents or employees, shall remove, change, disturb, or in any way tamper or interfere with any of the facilities, apparatus, appliances, or property used or maintained for the production, storage or supply of water by the City to consumers thereof, or without prior permission of the Utilities Manager, turn the water on or off from the premises or place. (Ord. 92- 311/41 (part), 1992) 2 14.04.060 Disclaimer of Liability. The City shall in no way whatsoever be responsible for any damage to person or property because of any leakage, breakage or seepage from, or accident or damage to any meter or pipe situated within any private property, and the City shall not be responsible for any leakage, breakage or seepage from any pipe situated between any meter properly installed at the curb and the private property or loss occasioned directly or indirectly by the existence of any meter or pipe situated upon private property, unless damage is caused by City facilities or forces. (Ord. 92- 311/41 (part), 1992) • 14.04.070 Maintenance and Use of Fire Hydrants. Public fire hydrants shall be placed, maintained and repaired by the Utilities Division. Any damage thereto by persons or agency other than representatives of the Fire & Marine Department or Utilities Division, shall be a claim against the person or agency committing such damage, and the Utilities Manager shall take such action as may be necessary to collect the same. Fire hydrants are provided for the sole purpose of extinguishing fires and shall be used otherwise only as herein provided for, and shall be opened and used only by the Utilities Division and Fire & Marine Departments for such persons as may be authorized to do so by the Chief of the Fire & Marine Department, or the Utilities Manager of the Utilities Division as herein provided. (Ord. 92 -31 1/41 (part), 1992) 14.04.080 Permit to Use Fire Hydrants. All persons desiring to use water through fire hydrants, or other hydrants owned or controlled by the City, shall be required to obtain a permit, first, from the Chief of the Fire Department, and second from the Utilities Manager of the Utilities Division, who shall issue no such permit to any person who has violated any of the provisions of this chapter or whose indebtedness to the City for water used or damage to hydrants or equipment is delinquent. All such persons having a permit for use of water from the fire hydrants must provide hydrant wrenches for the operation of such fire hydrants. (Ord. 92- 311/41 (part), 1992) 14.04.090 Cancellation of Fire Hydrant Use Permit. Permit for the use of water through the fire hydrants of the City may be canceled at the will of the Utilities Manager on evidence that the holder thereof is or has violated the privileges conveyed thereunder. Such notice of cancellation shall be in writing delivered or mailed to the persons to be notified and shall be immediately effective and enforced. (Ord. 92- 311/41 (part), 1992) 14.04.100 Obstructing Fire Hydrants. No person shall obstruct the access to any fire hydrant by placing around or thereon any stone, brick, lumber, dirt or other material, or wilfully or carelessly injure the same, or open or operate any fire hydrant, or draw or attempt to draw water therefrom, except as provided in Section 14.04.080. (Ord. 92- 311/41 (part), 1992) 14.04.110 Water Shut -Off for Repairs or Extension. The City reserves the right to shut off the water from any premises, or from any part of the distributing system, as long as necessary, without notice to consumers, at any time of emergency; but in all cases of extensions or connections, the departments shall notify occupants of the premises of the necessity of shutting off water and the probable length of time the water shall be so shut off before taking such action. (Ord. • 92- 311/41 (part), 1992) 14.04.120 Right of Inspection. Any officer, employee or duly authorized representative of the Utilities Division shall have the right of ingress and egress to the consumer's premises at all reasonable hours for any purpose reasonably connected with the furnishing and conservation of water or for the inspection of the entire water system upon the premises. (Ord. 92 -311/4 1 (part), 1992) 3 14.04.130 Enforcement — Report of Violations. It shall be the duty of the employees of the City to give vigilant aid to the Utilities Manager in the enforcement of the provisions of this chapter, and to this end they shall report all violations which come to their knowledge, to the Utilities Division, and it shall be the duty of the Chief of the Fire & Marine Department to report immediately to the Utilities Manager in case of fire in premises having metered service for fire protection purposes that fire has occurred there. (Ord. 92- 31'/41 (part), 1992) 14.04.140 Sale of Water Outside City. • Water may be sold by the City to consumers outside the City in the manner hereinafter provided. (Ord. 92- 311/41 (part), 1992) 14.04.150 Contractual Agreement to Supply Water Outside City. Subject to all restrictions on the City's power to do so, water may be sold by the City for use outside the City within the boundaries of either Coastal Municipal Water District or Municipal Water District of Orange County, or both, to persons or public agencies, or the assigns of either, who own contractual rights or interests in any City transmission main or mains or to whom the City has an obligation, pursuant to any contract heretofore or hereafter approved by the voters of the City, to supply water for such use. Except when the provision of contracts heretofore made require otherwise, such sales shall be made and subject to the same rules and regulations as sales of water are made to inhabitants of the City. A written contract authorized by the City Council setting out the terms and conditions of the sale and any special circumstances applicable thereto shall be required with each such person or agency who desires to purchase water for use outside the City. (Ord. 92- 311/41 (part), 1992) 14.04.160 Sale of Excess Water Outside City. Subject to all restrictions on the City's power to do so, the City may sell water, to the extent it has a supply in excess of that required to adequately serve the inhabitants of the City and the persons and agencies described in Section 14.04.150, to other • persons or agencies for use outside the City within the boundaries of either the Coastal Municipal Water District or Municipal Water District of Orange County, or both, but only so long as the excess supply continues. The City may sell on a month -to -month basis or may require a contract with each purchaser where the City determines it to be in the best interests of the City to do so. Such sales shall be subject to the same rules and regulations as for water used inside the City. The City is under no obligation to continue any such service, and no purchaser receiving such service shall acquire any right to have the service continued. (Ord. 92- 311/41 (part), 1992) 14.04.170 Sale to Serve Area of Acquired Agency. Water may be sold by the City for use outside the City within the boundaries of either the Coastal Municipal Water District or Municipal Water District of Orange County, or both, and within the service area of any water distributing agency, the assets of which have been acquired by the City from such agency. Such sales shall be subject to the same rules and regulations as for water sold within the City. (Ord. 92 -31 1/41 (part), 1992) 14.04.180 Conditions of Service. All persons applying for or receiving water service either within or outside the City shall be required to accept and shall be deemed to have consented to such • conditions of pressure and service as are provided at the location served, and as a condition of service shall be and are hereby required to hold the City harmless from any damages arising out of low pressure or high pressure conditions or interruptions of service. (Ord. 92- 311/41 (part), 1992) 14.04.190 City Relieved of Liability. The City shall not be liable for any damage to persons or property caused in any manner by the use of water beyond its meters nor for any damage resulting from its failure or inability to deliver water for any length of time. (Ord. 92- 311/41 (part), 1992) Sections: 14.08.00E 14.08.010 14.08.020 • 14.08.030 14.08.040 14.08.050 14.08.060 14.08.070 14.08.080 14.08.090 14.08.100 14.08.110 Chapter 14.08 WATER CONNECTIONS* Editor's note for Chapter 14.08. Water Connection Authority. Application to Connect. Connection Method. Separate Service Connections Required. Flow Protection Devices Required. Precautionary Conditions for Dangerous or Corrosive Liquids. Pressure Relief Valve. Protection on Additional Supply Lines. Protection for Two or More Supply Services. Inspection of Protection Devices for Water Tightness. Owners Inspection and Maintenance of Protection Devices. * Prior history: 1949 Code 1/41/4 7204 -- 7207 and 7242; Ord. 643. 14.08.010 Water Connection Authority. No person is, or shall be authorized to install any pipe, apparatus, appliance or connection with the Utilities Division, except the Utilities Manager or his duly appointed agents or employees. (Ord. 92-311/42 (part), 1992) 14.08.020 Application to Connect. Every owner, or tenant of the premises, who shall desire to connect his property • to the public water system for the purpose of having water furnished to such premises shall make a written application to the City, describing the premises to be connected therewith, the size of the pipe by which the connection is desired to be made; setting forth the address of the owner and the person to whom all notices are to be mailed; the application shall contain an express agreement on behalf of applicant that the water to be used on the premises shall in all respects be used subject and subordinate to the provisions of this Code and subsequent amendments and the order of the City Council, and lawful regulations of the City. (Ord. 92 -311/4 2 (part), 1992) 14.08.030 Connection Method. Upon presentation at the office of the Utilities Division of the receipt for installation of fees and execution of the agreement hereinbefore provided for, the Utilities Manager shall cause the premises described in the application, if the same abut upon the street or alley upon which there is a City water main, to be connected with the City's water main by a service pipe extending from the main to the curb line on the front of the property or to the side or rear, and including a stop -cock placed, which service pipe and stop -cock shall thereafter be maintained by and kept within the exclusive control of the City. In cases of application for water service on premises not abutting upon a street or alley upon which there is a City water main, the City will lay its service pipe from the main toward the premises for a distance not to exceed one • hundred (100) feet, and permit connection by means of a union and pipes laid at the expense of and maintained by the owner of the service, or may in the discretion of the Utilities Manager, upon the payment of the actual costs thereof, extend the service to the premises of the applicant along and beneath any public street of the City, but not otherwise. No service connection less than one inch in size shall be installed. (Ord. 92- 311/4 2 (part), 1992) 14.08.040 Separate Service Connections Required. Two or more houses or buildings under the same ownership and on a single lot or on a single parcel of land may be supplied through the same service connection, or a separate service connection may be provided for each house or building. The City shall have the right, as necessary to assure efficient service and reduce practical difficulties, to limit the number of houses or buildings, or the area of land under one ownership to be supplied by one service connection. The same service connection shall not be used to supply water to property in a single ownership which is separated by a public street, alley or right -of -way or which is non - adjoining. The same service connection shall not be used to supply water to adjoining property of a different ownership. The restrictions of this subsection shall not apply to services already lawfully installed, unless in the judgment of the City compliance is necessary to settle disputes or for the protection or • improvement of the particular service or the City water system. In making application for a water service connection, the applicant shall specify the property to be served by such service connection and only the property so specified shall receive water through such service connection. (Ord. 92-311/42 (part), 1992) • • 14.08.050 Flow Protection Devices Required. An approved double- checked valve or other approved backflow protection devices shall be installed in all existing water systems of all consumers, at the expense of the consumer, before service will be continued or granted when any one of the following conditions apply: A. Where an unapproved fresh water supply is already available from a well, spring, reservoir or other source, the installation of backflow protective devices may not be required. If the consumer agrees to abandon this other supply and agrees to remove all pumps and piping necessary for the utilization of this supply, service may be granted. 0 B. Where salt water, or water otherwise non - potable, is available for industrial or fire protection purposes, or where fresh water hydrants are or may be installed on docks. C. Where the premises are or may be engaged in industrial processes using or producing process waters or liquid industrial wastes, or where the premises are or may be engaged in handling sewage or any other dangerous substance. D. Where the circumstances are such that there is special danger of backflow of sewage or other contaminated liquids through plumbing fixtures or water -using or treating equipment, or storage tanks and reservoirs. • E. Where an approved water supply line terminates as a pier head outlet which is used to supply vessels at piers or waterfronts. These installations shall be located where they will prevent the return of any water from a vessel or any other source into the City water supply system. F. Where the premises are used for a trailer park. (Ord. 92-311/42 (part), 1992) 14.08.060 Precautionary Conditions for Dangerous or Corrosive Liquids. Under special circumstances, when the consumer is engaged in the handling of especially dangerous or corrosive liquids or industrial or process waters, the City may require the consumer to eliminate certain plumbing or piping connection as an additional precaution and as a protection to the backflow preventive devices. (Ord. 92- 311/4 2 (part), 1992) 14.08.070 Pressure Relief Valve. As a protection to the consumer's plumbing system, a suitable pressure relief valve must be installed and maintained by him, at his expense, when check valves or other protective devices are used. The relief valve shall be installed between the check valves and the water heater. (Ord. 92 -311/4 2 (part), 1992) 14.08.080 Protection on Additional Supply Lines. • Whenever backflow protection has been found necessary on a water supply line entering a customer's premises, any and all water supply lines from the City's mains entering such premises, buildings or structures shall be protected by an approved backflow device, regardless of the use of the additional water supply lines. (Ord. 92 -31 1/42 (part), 1992) 14.08.090 Protection for Two or More Supply Services. Two or more services supplying water from different street mains to the same building structure or premises through which an inter -street main flow may occur, shall have an appropriate backflow prevention device installed on each water service to be located adjacent to and on the property side of the respective meters. (Ord. 92-31Y42 (part), 1992) 14.08.100 Inspection of Protection Devices for Water Tightness. The double check valve or other approved backflow protection devices may be inspected and tested periodically for water tightness by the City. (Ord. 92-311/42 (part), 1992) 14.08.110 Owners Inspection and Maintenance of Protection Devices. • The owner of any premises on which or on account of which check valves or other protective devices are installed shall inspect these devices for water tightness and reliability at least every three months. The devices shall be serviced, overhauled, or replaced whenever they are found defective and all costs of repair and maintenance shall be borne by the consumer. Certified records of such inspection and operations will be required by the City. (Ord. 92-311/42 (part), 1992) 7 • • Chapter 14.10 CROSS - CONNECTION CONTROL PROGRAM Sections: 14.10.005 Purpose. 14.10.010 Definitions. 14.10.015 Cross- Connection Protection Requirements. 14.10.020 Backflow Prevention Devices. 14.10.025 User Supervisor. 14.10.030 Administrative Procedures. 14.10.035 Water Service Termination. 14.10.040 Requirements for the Certification as a Backflow Prevention Device Tester. 14.10.045 14.10.050 14.10.005 Violations. Severability. Purpose. The purpose of this chapter is (1) to protect the public water supply against actual or potential cross - connection by isolating within the premises contamination that may occur because of some undiscovered or unauthorized cross - connection on the premises; (2) to eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption; (3) to eliminate cross -connections between drinking water systems and sources of contamination; (4) to prevent the making of future cross - connections in the future; (5) these regulations are adopted pursuant to the State of California Administrative Code, Title 17, public health, entitled "Regulations Relating to Cross - Connections." (Ord. 88- 211/41 (part), 1988) 14.10.010 Definitions. A. Air -Gap Separation (referred to as AG). The term "air -gap separation" means a physical break between a supply pipe and a receiving vessel. The air -gap shall be at least double the diameter of the supply pipe measured vertically above the top rim of the vessel, in no case less than one inch. B. Approved Backflow Prevention Device. The term "approved backflow prevention device" shall mean devices which have passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated their competency to perform such tests to the California Department of Health Services. C. Approved Water Supply. The term "approved water supply" means any water supply whose potability is regulated by the City of Newport Beach. D. Auxiliary Supply. The term "auxiliary supply" means any water supply on or available to the premises other than the approved water supply. E. AWWA Standard. The term "AWWA standard" means an official standard developed and approved by the American Water Works Association (AWWA). F. Backflow. The term "backflow" shall mean a flow condition, caused by a • differential in pressure, that causes the flow of water or other liquids, gases, mixtures or substances into the distributing pipes of a potable supply of water from any source or sources other than an approved water supply source. Backflow is caused by backsiphonage or back pressure. G. Contamination. The term "contamination" means a degradation of the quality of the potable water by any foreign substance which creates a hazard to the public health or which may impair the usefulness or quality of the water. H. Cross - Connection. The term "cross- connection" as used in this chapter means any unprotected actual or potential connection between a potable water system used to supply water for drinking purposes and any source or system containing M unapproved water or a substance that is not, or cannot, be approved as safe, wholesome, and potable. By -pass arrangements, jumper connections, removable sections, swivel or changeover devices, or other devices through which backflow could occur, shall be considered to be cross - connections. I. Double Check Valve Assembly (referred to as DC). The term "double check valve assembly" means an assembly of at least two independently acting check valves including tightly closing shut -off valves on each side of the check valve assembly and test cocks available for testing the watertighness of each check valve. J. Health Agency. The term "health agency" means the California • Department of Health Services, or the Orange County Health Department. K. Local Health Agency. The term "local health agency" means the Orange County Health Department. L. Person. The term "person" means an individual, corporation, company, association, partnership, municipality, public utility, or other public body or institution. M. Premises. The term "premises" means any and all areas on a customer's property which is served or has the potential to be served by the public water system. N. Public Water System. The term "public water system" means a system for the provision of piped water to the public for human consumption which has five or more service connections or regularly serves an average of twenty -five (25) individuals daily at least sixty (60) days out of the year. O. Reclaimed Water. The term "reclaimed water" means a wastewater which as a result of treatment is suitable for uses other than potable use. P. Reduced Pressure Principal Backflow Prevention Device (referred to as RP). The term "reduced pressure principal backflow prevention device" means a device incorporating two or more check valves and an automatically operating differential relief valve located between the two positive checks, a tightly closing shut -off valve on each side of the check valve assembly, and equipped with necessary test cocks for testing. Q. Service Connection. The term "service connection" refers to the point of connection of a user's piping to the water supplier's facilities. • R. Water Supplier. The term "water supplier" means the City of Newport Beach. S. Water User. The term "water user" means any person obtaining water from the City of Newport Beach. (Ord. No. 88-211/4 1 (part), 1988) 14.10.015 Cross- Connection Protection Requirements. A. Where Protection is Required. 1. Each service connection from the City water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system unless the auxiliary water supply is accepted as an additional source by the City, and is approved by the public health agency. 2. Each service connection from the City water system on which any substance is handled in such fashion as may allow its entry into the water system shall be protected against backflow of the water from the premises into the public system. This shall include the handling of process waters and waters originating from the City water system which have been subjected to deterioration in sanitary quality. 3. Backflow prevention devices shall be installed on the service connection to any premises having (a) internal cross - connections that cannot be permanently corrected and controlled to the satisfaction of the state or local health department and is the City, or (b) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not cross - connections exist. B. Type of Protection Required. 1. The type of protection that shall be provided to prevent backflow into the approved water supply shall be commensurate with the degree of hazard that exists on the consumer's premises. The minimum types of backflow protection required to protect the approved water supply, at the user's water connection to premises with varying degrees of hazard are given in Table 1. Situations which are not covered in M Table 1 shall be evaluated on a case by case basis and the appropriate backflow protection shall be determined by the City or health agency. 2. Two or more services supplying water from different street mains to the same building, structure, or premises through which an interstreet main flow may occur, shall have at least a standard check valve on each water service to be located adjacent to and on the property side of the respective meters. Such check valve shall not be considered adequate if backflow protection is deemed necessary to protect the City's mains from pollution or contamination; in such cases the installation of approved • backflow devices at such service connections shall be required. C. General Provisions. 1. Whenever backflow protection is required pursuant to this section, the water user shall install an approved backflow prevention device by and at the water user's expense for continued service or before a new service will be granted. 2. Whenever backflow protection is required, pursuant to this section, on a water supply line entering a water user's premises, then any and all water supply lines from the City's mains entering such premises, buildings, or structures shall be protected by an approved backflow prevention device. The type of device to be installed shall be in accordance with the requirements of this chapter. (Ord. 88 -21 x/91 (part), 1988) 14.10.020 Backflow Prevention Devices. A. Approved Backflow Prevention Devices. 1. Only backflow prevention devices which have been approved by the City shall be acceptable for installation by a water user connected to the City's potable water system. 2. The City will provide, upon request, to any affected customer a list of approved backflow prevention devices. B. Backflow Prevention Device Installation. 1. Backflow prevention devices shall be installed in a manner prescribed in • Section 7603, Title 17 of the California Administrative Code. Location of the devices should be as close as practical to the user's connection. The City shall have the final authority in determining the required location of a backflow prevention device. a. Air -Gap Separation (AG). The air -gap separation shall be located on the user's side of and as close to the service connection as is practical. All piping from the service connection to the receiving tank shall be above grade and be entirely visible. No water use shall be provided from any point between the service connection and the air - gap separation. The water inlet piping shall terminate a distance of at least two pipe diameters of the supply inlet, but in no case less than one inch above the overflow rim of the receiving tank. b. Reduced Pressure Principle Backflow Prevention Device (RP). The approved reduced pressure principle backflow prevention device shall be installed on the user's side of and as close to the service connection as is practical. The device shall be installed a minimum of twelve (12) inches above grade and not more than thirty-six (36) inches above grade measured from the bottom of the device and with a minimum of twelve (12) inches side clearance. The device shall be installed so that it is readily accessible for maintenance and testing. Water supplied from any point between the service connection and the RP device shall be protected in a manner approved by the City. C. Double Check Valve Assembly (DC). The approved double check valve assembly shall be located as close as practical to the user's connection and shall be • installed above grade, if possible, and in a manner where it is readily accessible for testing and maintenance. If a double check valve assembly is put below grade it must be installed in a vault such that there is a minimum of six inches between the bottom of the vault and the bottom of the device, so that the top of the device is no more than a maximum of eight inches below grade, so there is a minimum of six inches of clearance between the side of the device with the test cocks and the side of the vault, and so there is a minimum of three inches clearance between the other side of the device and the side of the vault. Special consideration must be given to double check valve assemblies of the "Y" type. These devices must be installed on their "side" with the test cocks in a 10 vertical position so that either check valve may be removed for service without removing the device. Vaults which do not have an integrated bottom must be placed on a three inch layer of gravel. C. Backflow Prevention Device Testing and Maintenance. 1. The owners of any premises on which, or on account of which, backflow prevention devices are installed, shall have the devices tested by a person who has demonstrated their competency in testing of these devices to the City. Backflow prevention devices must be tested at least annually and immediately after installation, relocation or repair. The City may require a more frequent testing schedule if it is • determined to be necessary. No device shall be placed back in service unless it is functioning as required. A report in a form acceptable to the City shall be filed with the City each time a device is tested, relocated, and repaired. These devices shall be serviced, overhauled, or replaced whenever they are found to be defective and all costs of testing, repair, and maintenance shall be borne by the water user. 2. The City will supply affected water users with a list of persons acceptable to the City to test backflow prevention devices. The City will notify affected customers by mail when annual testing of a device is needed and also supply users with the necessary forms which must be filled out each time a device is tested or repaired. D. Backflow Prevention Device Removal. Approval must be obtained from the City before a backflow prevention device is removed, relocated, or replaced. 1. Removal. The use of a device may be discontinued and the device removed from service upon presentation of sufficient evidence to the City to verify that a hazard no longer exists or is not likely to be created in the future. 2. Relocation. A device may be relocated following confirmation by the City that the relocation will continue to provide the required protection and satisfy installation requirements. A retest will be required following the relocation of the device. 3. Repair. A device may be removed for repair, provided the water use is either discontinued until repair is completed and the device is returned to service, or the service connection is equipped with other backflow protection approved by the • City. A retest will be required following the repair of the device. 4. Replacement. A device may be removed and replaced provided the water use is discontinued until the replacement device is installed. All replacement devices must be approved by the City and must be commensurate with the degree of hazard involved. (Ord. 88- 211/41 (part), 1988) 14.10.025 User Supervisor. At each premises where it is necessary, in the opinion of the City, a user supervisor shall be designated by and at the expense of the water user. This user supervisor shall be responsible for the monitoring of the backflow prevention devices and for avoidance of cross - connections. In the event of contamination or pollution of the drinking water system due to a cross - connection on the premises, the City shall be promptly notified by the user supervisor so that appropriate measures may be taken to overcome the contamination. The water user shall inform the City of the user supervisor's identity on, as a minimum, an annual basis and whenever a change occurs. (Ord. 88-211/4 1 (part), 1988) 14.10.030 Administrative Procedures. A. Water System Survey. 1. The City shall review all requests for new services to determine if • backflow protection is needed. Plans and specifications must be submitted to the Building Department of the City upon request for review of possible cross - connection hazards as a condition of service for new service connections. If it is determined that a backflow prevention device is necessary to protect the public water system, the required device must be installed before service will be granted. 2. The City may require an on- premises inspection to evaluate cross - connection hazards. The City will transmit a written notice requesting an inspection appointment to each affected water user. Any customer which cannot or will not allow 11 an on- premises inspection of their piping system shall be required to install the backflow prevention device the City considers necessary. 3. The City may, at its discretion, require a reinspection for cross - connection hazards of any premises to which it serves water. The City will transmit a written notice requesting an inspection appointment to each affected water user. Any customer which cannot be or will not allow an on- premises inspection of their piping system shall be required to install the backflow prevention device the City considers necessary. B. Customer Notification — Device Installation. 1. The City will notify the water user of the survey findings, listing • corrective action to be taken if required. A period of sixty (60) days will be given to complete all corrective action required including installation of backflow prevention devices. 2. A second notice will be sent to each water user which does not take the required corrective action prescribed in the first notice within the sixty (60) day period allowed. The second notice will give the water user a two week period to take the required corrective action. If no action is taken within the two week period, the City may terminate water service to the affected water user until the required corrective actions are taken. C. Customer Notification -- Testing and Maintenance. 1. The City will notify each affected water user when it is time for the backflow prevention device installed on their service connection to be tested. This written notice shall give the water user thirty (30) days to have the device tested and supply the water user with the necessary form to be completed and resubmitted to the City. 2. A second notice shall be sent to each water user which does not have his /her backflow prevention device tested as prescribed in the first notice within the thirty (30) day period allowed. The second notice will give the water user a two week period the City may terminate water service to the affected water user until the subject device is tested. (Ord. 88- 213/41 (part), 1988) • 14.10.035 Water Service Termination. A. General. When the City encounters water users that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the City shall institute the procedure for discontinuing the City water service. B. Basis for Termination. Conditions on water uses that create a basis for water service termination shall include, but are not limited to, the following items: 1. Refusal to install a required backflow prevention device; 2. Refusal to test a backflow prevention device; 3. Refusal to repair a faulty backflow prevention device; 4. Refusal to replace a faulty backflow prevention device; 5. Direct or indirect connection between the public water system and a sewer line; 6. Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants; 7. Unprotected direct or indirect connection between the public water system and an auxiliary water system; 8. A situation which presents an immediate health hazard to the public water system. C. Water Service Termination Procedures. 1. For conditions 1, 2, 3, or 4, the City will terminate service to a customer's • premise after two written notices have been sent specifying the corrective action needed and the time period in which it must be done. If no action is taken within the allowed time period water service may be terminated. 2. For conditions 5, 6, 7, or 8, the City will take the following steps: a. Make reasonable effort to advise water user of intent to terminate water service; b. Terminate water supply and lock service valve. The water service will remain inactive until correction of violations has been approved by the City. (Ord. 88- 21 3/41 (part), 1988) 12 14.10.040 Requirements for the Certification as a Backflow Prevention Device Tester. Each applicant for certification as a tester of backflow prevention devices shall file an application with the Utilities Manager of the City of Newport Beach. The certification shall be granted if the applicant satisfies the following minimum requirements: A. Applicants shall have had at least two years' experience in plumbing or pipe fitting or equivalent qualifications. • B. Hold a valid certification from the American Water Works Association (AWWA), California- Nevada Section, from a County certification program, or have equivalent training in the opinion of the City and the Health Department. C. Each applicant for certification as a tester of backflow prevention devices shall furnish evidence to show that he has available the necessary tools and equipment to properly test such devices. He shall be responsible for the competency and accuracy of all tests and reports prepared by him. D. Competency in all phases of backflow prevention device testing and repair must be demonstrated by means of education and /or experience. (Ord. 88- 211/41 (part), 1988) 14.10.045 Violations. It is unlawful for any person, firm or corporation at any time to make or maintain or cause to be made or maintained, temporarily or permanently, for any period of time whatsoever, any cross - connection between plumbing pipes or water fixtures being served with water by the City Public Works Department or any other source of water supply or to maintain any sanitary fixture or other appurtenances or fixtures which by reason of their construction may cause or allow backflow of water or other substances into the water supply system of the City and /or the service of water pipes or fixtures of any consumer of the City. (Ord. 88- 211/41 (part), 1988) • 14.10.050 Severability. If If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter, or any part thereof, is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter or any part thereof. The Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid. (Ord. 88- 211/41 (part), 1988) Chapter 14.12 WATER RATES AND CHARGES* Sections: 14.12.00E Prior history note for Chapter 14.12. 14.12.010 Service Fees. 14.12.015 14.12.020 • 14.12.050 14.12.060 14.12.070 14.12.080 14.12.085 14.12.090 14.12.095 14.12.100 14.12.105 14.12.110 Amount of Rates Generally. Water Rates Established. Meter Installation. Building Construction Purposes, Nonspecified Uses. Private Fire Lines. Establishing Service. Water Service Discontinuance. Customer Requests. Due Date. Change of Address. Delinquent Notice. 13 14.12.120 14.12.125 14.12.130 14.12.135 14.12.140 14.12.150 14.12.160 14.12.170 Discontinuance Notice. Service Restoration. Deposit Requirements. Service Interference. Customer Request for Service Discontinuance. Third -Party Notification. Multi-Unit Residential Structures and Mobile Home Parks. Unsafe Equipment. • * Prior history: 1949 Code 1/41/47208, 7210, 7211, 7211(a), 7211.1 -- 7211.4, 7212, 7214(a) and (b), 7215, 7216 and 7218 -- 7224; Ords. 823, 934, 948, 975, 1009, 1102, 1206, 1264, 1360, 1373, 1463, 1693, 1728, 1744, 1823, 1853, 84 -14, 85 -16, 86 -10, 88 -11, 89 -2, 89- 11, 90 -21 and 92 -31. 14.12.010 Service Fees. The fees for the installation of water services, water meters, or water services including meters, or for enlarging those already in place, shall be paid in advance. The installation fee shall be the cost to the City, including all labor and materials, plus twenty-five (25) percent of such cost for overhead. In addition, there shall be collected the sum of fifty dollars ($50.00) for the first one inch of meter diameter, or fractional portion thereof, plus twenty -five dollars ($25.00) for each additional one -half inch of meter diameter, or fractional portion thereof. The installation fee shall be as established by the Public Works Department, and the cost shall be paid to the Finance Department by the person applying for such installation before the work of connecting the main with the property is begun. The cost as established by the Public Works Department shall be the estimated average cost of doing the work, plus twenty-five (25) percent, and shall be revised from time to time to reflect experience and changes in the actual cost of performing the work. (Ord. 92- 561/41 (part), 1993) • 14.12.020 Water Rates Established. The following rates, fees and charges are hereby established and shall be charged and collected in accordance with the provisions of this chapter: A. There shall be charged and collected a monthly water service charge from each customer for each meter on the basis of the following schedule: For 3/4 -inch meter or less $ 3.50 For 1 -inch meter 4.25 For 1 1/2 -inch meter 5.50 For 2 -inch meter 7.25 For 3 -inch meter 14.00 For 4 -inch meter 20.00 For 6 -inch meter 30.00 For 8 -inch meter 35.00 For each living unit in excess of one per water meter, per month 1.00 For each hotel or motel unit and each hospital or convalescent home • bedroom excess of one per water meter, per month .50 B. The rate for water supplied to consumers through a meter, other than pursuant to a written contract approved by the City Council, shall be two dollars ($2.00) per one hundred (100) cubic feet. City water rates shall be adjusted to reflect Metropolitan Water District rate changes. Should the automatic adjustments require a water rate increase, the amount of the increase shall be added to the quantity charges and shall be equal to the 14 Metropolitan Water District increase, raised to the next highest whole penny for each one hundred (100) cubic feet used. (Ord. 95 -221/4 1, 1995: Ord. 94- 311/41,1994: Ord. 93- 91/41,1993: Ord. 92- 561/41 (part), 1993) 14.12.050 Meter Installation. The City, as a condition of water service, shall have the right to install water meters on any and all water services, and the charges for water used through the meter shall be in accordance with the applicable meter rates established by Section 14.12.020. (Ord. 92- 561/41 (part), 1993) • 14.12.060 Building Construction Purposes. Service may be made to a lot or parcel of land on which a building is being constructed for construction purposes only from the time the building permit is issued until the building is completed or until the time a water meter is installed to serve such lot or parcel, whichever first occurs, for a flat rate of twenty-five dollars ($25.00) per month for each two thousand (2,000) square feet of floor space or fraction thereof of such building. (Ord. 92- 561/41 (part), 1993) 14.12.070 Nonspecified Uses. Water used for all other purposes not hereinbefore enumerated shall be furnished and charged at either existing meter rates or at a special rate to be fixed by the City Council under separate agreement with the consumer. (Ord. 92- 561/41 (part), 1993) 14.12.080 Private Fire Lines. Fees for private fire line service shall be charged at a rate of five dollars ($5.00) per inch diameter per month per service. If such line is found tapped for domestic use, a meter shall be installed on such service at the expense of such consumer and the regular meter rates shall be charged • thereafter. The right shall be reserved to disconnect such fire service from the City's main by the direction of the City Council on recommendation of the City Manager. (Ord. 92- 561/41 (part), 1993) 14.12.085 Establishing Service. A. When establishing an account, the customer shall pay a fee of thirty -five dollars ($35.00) to establish water service in the customer's name at the property. The fee shall be payable upon application for water service. B. An application for water service, as provided by the Revenue Division of the Finance Department, shall be used for the purpose of establishing water service into a new customer's name. Owners of property shall be responsible for all water service charges at their premises. Water service will not be established in the name of a customer other than the owner without the written authorization of the owner, or the owner's authorized representative. C. Upon application and payment of an establishment fee, the water will be turned on. D. A customer's newly established service may be discontinued for nonpayment of a bill for services previously rendered to the customer at any location served by the City provided such bill is not paid within fifteen (15) days after mailing of a notice of discontinuance of water service stating that present service will be discontinued for nonpayment of such bill for prior service. (Ord. 92- 561/41 (part), 1993) • 14.12.090 Water Service Discontinuance. A. Water service to any premises may be discontinued because of nonpayment of a bill or violation of any of the provisions of this chapter, or ordered turned off by the owner or tenant, or for failure to establish a water service agreement with the City. B. The City is not responsible or liable for damage done to the customer's premises that may result from the discontinuance or restoration of water service pursuant to this chapter. 15 C. Service may not be discontinued for nonpayment on any Saturday, Sunday, legal holiday, or at any time during which the business offices of the City are not open to the public or in any of the following situations: 1. During the pendency of an investigation by the City of a customer dispute or complaint. 2. When a customer has been granted an extension of the period for payment of a bill. 3. When such discontinuance would be especially dangerous to the health of the customer or a full -time resident of the customer's household. Certification from a • licensed physician, public health nurse or social worker may be required by the City. 4. When the customer or full -time resident of the customer's household is temporarily unable to pay for such service and is willing to arrange installment payments satisfactory to the City, including arrangements for prompt payment of subsequent bills. (Ord. 92- 561/41 (part), 1993) 14.12.095 Customer Requests. Any residential customer who has initiated a complaint or requested an investigation within ten days of receiving the disputed bill, or who has, before discontinuance of service, made a request for extension of the payment period of a bill asserted to be beyond the means of the customer to pay in full within the normal period for payment, shall be given an opportunity for review of the complaint, investigation, or request by the City. The review shall include consideration of whether the customer shall be permitted to amortize any unpaid balance of the delinquent account over a reasonable period of time, not to exceed twelve (12) months. Any customer whose complaint or request for an investigation has resulted in an adverse determination by the City's Revenue Division may appeal the determination to the Adminstratice Services Director or designee. No discontinuance of service shall be effected for any customer complying with an amortization agreement, provided the customer also keeps the account current as • charges accrue in each subsequent billing period. If a residential customer fails to comply with an amortization agreement, the City shall not discontinue service without giving notice to the customer at least forty-eight (48) hours prior to discontinuance of the conditions the customer is required to meet to avoid discontinuance, but this notice does not entitle the customer to further investigation by the City. (Ord. 92- 561/41 (part), 1993) 14.12.100 Due Date. All customers whose premises are connected to the municipal water system shall be billed on a regularly scheduled basis and all charges shall be received within nineteen (19) days after the date of the mailing of the municipal services statement. (Ord. 92- 561/41 (part), 1993) 14.12.105 Change of Address. Failure to receive mail will not be recognized as a valid excuse for failure to pay charges when due. It is the customer's responsibility to notify the Revenue Division of any changes in mailing address or customer information. Change in the ownership of a property supplied with City water and changes in customer status must be filed in writing at the Revenue Division on forms provided for that purpose. (Ord. 92- 561/41 (part), 1993) • 14.12.110 Delinquent Notice. When a municipal services statement has become past due, a delinquent notice will be mailed with a fifteen (15) day discontinuance of water service advisement. In addition to the past due charges, a penalty fee equal to ten (10) percent of the delinquent amount past due will be added. (Ord. 92- 561/41 (part), 1993) 14.12.120 Discontinuance Notice. At least forty-eight (48) hours prior to the discontinuance of water service, the City shall serve an additional notice of intent to discontinue water service on the 16 premises where service is supplied, either by mail or in person. Every notice of intent to discontinue water service shall include the following information: 1. The name and address of the customer whose account is delinquent. 2. The amount of the delinquency. 3. The date by which payment or arrangements for payment is required in order to avoid service discontinuance. 4. The procedure by which the customer may initiate a complaint or request an investigation concerning services or charges. 5. The procedure by which the customer may request amortization of the • unpaid charges. 6. The procedure for the customer to obtain information on the availability of financial assistance, including private, local, state, or federal sources, if applicable. 7. The telephone number of the representative of the City's Revenue Division who can provide additional information or institute arrangements for payment. (Ord. 92-56 1/4 1 (part), 1993) 14.12.125 Service Restoration. A. Service that has been discontinued may not be restored until payment of all delinquent water service charges, including the restoration charge, has been received by the Adminstrative Services Department. Upon payment, service shall be restored during regular working hours. The restoration charge for same day service shall be seventy-five dollars ($75.00) before four p.m., ninety-five dollars ($95.00) for same day service after four p.m., and fifty -five dollars ($55.00) for service restoration charge following day of discontinuance. B. Any service wrongfully discontinued shall be restored without charge for the restoration of service, and a notation thereof shall be mailed to the customer at the customer's billing address. A credit shall be applied to the customer's next municipal services bill. The credit shall be set by Council ordinance. (Ord. 92-56 1/4 1 (part), 1993) • 14.12.130 Deposit Requirements. A. In the event that the applicant for water service is not the owner of the property to be supplied with water or does not own the improvements thereon, and the property is located in a nonresidential zone, a deposit shall be required equivalent to one and one -half times the average billing for the facility or for the user classification applicable to the property, as determined by the Revenue Division Manager. B. In the event that the water service customer has had his /her water service discontinued twice for nonpayment, a deposit shall be required equivalent to two times the average regularly scheduled billing for the customer before water will be restored. Water service will not be discontinued for nonpayment until the amount of any deposit made to establish credit for that service has been fully absorbed. (Ord. 92- 561/41 (part), 1993) 14.12.135 Service Interference. It shall be unlawful for any person to receive water after service discontinuance by the City, without full compliance with the provisions of this chapter. (Ord. 92- 561/41 (part), 1993) 14.12.140 Customer Request for Service Discontinuance. A. Whenever a customer desires to discontinue service, the customer shall • give not less than two working days (48 hours) written notice thereof to the Revenue Division of the Adminstrative Services Department. B. In accordance with such notice, the City shall read the water meter, shut off the water to the premises and prepare a closing statement of all unpaid bills for water furnished by the City to the customer up to that time. If the customer has a deposit with the City, the Administrative Services Department will return the balance, after deducting any unpaid charges. (Ord. 92- 561/41 (part), 1993) 17 14.12.150 Third -Party Notification. The City shall make available to its residential customers are dependent adults as defined in paragraph (1) of subdivision (b) of Section 15610 of the Welfare and Institutions Code, a third -party notification service, whereby the City will attempt to notify a person designated by the customer to receive notification when the customer's account is past due and subject to discontinuation. The notification shall include information on what is required to prevent discontinuance of service. The residential customer shall make a request for third -party notification on a form provided by the City, and shall include the written consent of the designated third party. The third- party notification does not obligate the third party to pay the overdue charges, nor shall it prevent or delay discontinuance of service. (Ord. 92- 56'/41 (part), 1993) 14.12.160 Multi-Unit Residential Structures and Mobile Home Parks. Whenever the City furnishes either individual metered or master metered water service to residential occupants in a multi-unit residential structure or mobile home park, where the owner, manager, or operator is listed as the customer of record, the City shall make a good faith effort to inform the residential occupants, by means of a written notice, when the account is in arrears, that service will be terminated at least fifteen (15) days prior to such discontinuance. Such notice shall further inform the residential occupants that they have the right to become customers to whom service will then be billed, without being required to pay any amount which may be due on the delinquent account. The City shall not be required to make water service available to the residential occupants unless each residential occupant agrees to the terms and conditions of service. However, if one or more of the residential occupants are willing and able to assume responsibility for the entire account to the satisfaction of the City, or if there is a physical means legally available to the City of selectively discontinuing service to those residential occupants who have not met the requirements of the City, the City shall make water service available to those residential occupants who have met those • requirements. (Ord. 92- 56'/41 (part), 1993) 14.12.170 Unsafe Equipment. The City may refuse to establish or may discontinue service to any customer if any part of the plumbing or other equipment, or use thereof, is determined by the City to be unsafe or in violation of applicable laws, ordinances, rules or regulations of public authorities, or of any condition existing upon the customer's premises shall be determined to endanger the City's service facilities, until it shall have been put in a safe condition or the violation remedied. The City does not assume any responsibility of inspecting or repairing the customer's plumbing or other equipment or any part thereof and assumes no liability therefor. (Ord. 92- 561/41 (part), 1993) Sections: 14.16.00E 14.16.010 14.16.020 • 14.16.030 14.16.040 14.16.045 14.16.050 14.16.060 14.16.070 14.16.080 14.16.090 14.16.100 * Prii Chapter 14.16 WATER CONSERVATION* Prior history note for Chapter 14.16. Findings and Purpose. Definitions. Prohibitions. Conservation Phase Implementation. Permanent Water Usage Restrictions. Water Conservation Phases. Surcharges. Exemptions. Relief from Compliance. Failure to Comply. Applicability. >r ordinance history Ord. 91 -17. 18 14.16.010 Findings and Purpose. A. The City of Newport Beach delivers water to its residents through a comprehensive system of reservoirs, water mains, and pipes. The water sold to Newport Beach residents comes exclusively from sources outside of the City of Newport Beach. The City relies heavily on Metropolitan Water District ( "MWD ") for its supply of water. MWD supplies water to many agencies, including large purveyors such as the Los Angeles Department of Water and Power. MWD's primary source of water is the Colorado River and related storage facilities. MWD's ability to supply water is contingent upon many factors, including the extent of Colorado River flows, • water taken from the Colorado River by those with prior rights, the amount of water available to major purveyors such as DWP from the Los Angeles Aqueduct and the State Water Project, the amount of water available to smaller purveyors from these same sources or wells, and the demand for water from agricultural, industrial, and residential users. Southern California's demand for water is such that short term drought may result in significant reductions in MWD's allocations of water to the City of Newport Beach and extended drought will result in drastic allocation reductions, which, in turn, require imposition of stringent measures to insure reduced consumption. This chapter provides a mechanism for quickly imposing mandatory water conservation measures ranging from voluntary consumption reductions to measures which restrict water usage to the minimum necessary for basic human health and sanitation. B. Continued population growth in California and Arizona will, over time, dramatically reduce the amount of water available to MWD and other major water purveyors. The ability of Newport Beach to provide its residents with adequate supplies of water is contingent upon implementation of a comprehensive program, including development and implementation of plans to tap new sources of water, implementation of drastic restrictions on consumption during periods of drought, and implementation of water conservation measures during periods of normal rainfall to insure the highest beneficial use of the resource. • C. The mandatory restrictions on water use, the prohibition of activities that waste water as well as the penalties and surcharges provided by this chapter are the minimum controls necessary to insure adequate supplies of water now and in the future. The surcharges for water consumption in excess of the limits specified in the various conservation phases reflect, and will reimburse the City for, surcharges imposed by MWD for deliveries in excess of allocations. These surcharges combined with penalties for excess consumption and activities which waste water are necessary to insure the maximum beneficial use of an extremely limited resource. Restrictions on the use of revenue derived from surcharges and penalties will insure the lowest feasible basic water rate and the development of new sources of water to supplement MWD allocations in the future. (Ord. 92 -31 Y4 4 (part), 1992) 14.16.020 Definitions. A. "Base" means the amount of water, expressed in billing units used by a customer during one of the six base periods. B. "Basic water rate" shall mean the charge for water, expressed in terms of billing units, established pursuant to Section 14.12.040 of the Newport Beach Municipal Code. C. "Base period" means one of six billing periods used for calculating compliance with the water conservation requirements of this chapter. The base periods for the four billing groups within the City of Newport Beach are as specified below: • Group I: June 8, 1989 to August 10, 1989 August 10, 1989 to October 10, 1989 October 10, 1989 to December 7, 1989 December 7, 1989 to February 8, 1990 February 8, 1990 to April 6, 1990 April 6, 1990 to June 7, 1990 19 • Group II: Group III: Group IV: June 15, 1989 to August 15, 1989 August 15, 1989 to October 19, 1989 October 19, 1989 to December 14, 1989 December 14, 1989 to February 15, 1990 February 15, 1990 to April 12, 1990 April 12, 1990 to June 20, 1990 July 13, 1989 to September 13, 1989 September 13, 1989 to November 9, 1989 November 9, 1989 to January 11, 1990 January 11, 1990 to March 13, 1990 March 13, 1990 to May 10, 1990 May 10, 1990 to July 15, 1990 July 19, 1989 to September 19, 1989 September 19, 1989 to November 13, 1989 November 13, 1989 to January 15, 1990 January 15, 1990 to March 19, 1990 March 19, 1990 to May 16, 1990 May 16, 1990 to July 20, 1990 D. 'Billing period" means the time interval between two consecutive water meter readings taken for billing purposes. E. 'Billing unit' means one hundred (100) cubic feet of water (748 gallons). F. "Corresponding base period" shall mean the base period that best corresponds, in terms of number of days, to a billing period that occurs during any conservation phase described in Section 14.16.050. G. "Customer" shall mean any person, group of two or more persons, partnership, corporation, trust, association, or entity, receiving water service from the City of Newport Beach. H. "MWD" shall mean Metropolitan Water District. I. "Person" shall mean any person, group of persons, corporation, partnership, trust, or business entity not receiving water service from the City of Newport Beach. J. "Surcharge" shall mean the additional charges (over and above the basic water rate) imposed for consumption in excess of that permitted during any conservation phase and as specified in Section 14.16.060. K. "Water consumption restrictions" shall mean those provisions of Section 14.16.050 which require customers to reduce the amount of water consumed during current billing periods in relation to the corresponding base period. L. "Water usage restrictions" shall mean those provisions of Section 14.16.045 and 14.16.050 which prohibit certain uses of water. M. "Water" shall mean potable water. (Ord. 92-311/44 (part), 1992) 14.16.030 Prohibitions. A. No customer shall use, or permit the use of, water supplied by the City of • Newport Beach in a manner contrary to the restrictions imposed by any conservation phase then in effect. B. For the purpose of this chapter, the use of water by a tenant, employee, agent, contractor, representative, or person acting on behalf of a customer, shall be imputed to the customer. (Ord. 92 -311/4 4 (part), 1992) 14.16.040 Conservation Phase Implementation. A. The Utilities Manager shall periodically monitor and evaluate the projected supply and demand for water by customers and shall recommend to the City P Council implementation of a conservation phase appropriate under then current circumstances. The City Council shall consider the recommendation at a regularly scheduled public meeting and, after hearing such testimony as may be relevant, implement the appropriate conservation phase by resolution. The provisions of the conservation phase shall become effective upon publication of the resolution in a daily newspaper of general circulation provided, however, the consumption reduction provisions shall take effect as of the first full billing period commencing on or after the effective date of the resolution. B. In the event MWD publicly expresses the intention to reduce water • allocations in a manner that would effect the amount supplied to the City of Newport Beach, the City Manager may implement a conservation phase by publication of a notice to that effect in a daily newspaper of general circulation. The order of the City Manager shall become effective upon publication and shall terminate in thirty (30) days or the publication of a resolution of the City Council implementing the same or different conservation phase, whichever shall. first occur. C. Except for the automatic termination provisions in the case of implementation by the City Manager, a resolution implementing a water conservation phase shall remain in full force and effect until repealed by the City Council, or until a subsequent resolution implementing a different conservation phase becomes effective. D. The Utilities Manager shall, subsequent to the adoption of a resolution implementing any water conservation phase, provide periodic reports to the City Council regarding compliance with the requirements of the water conservation phase, current and anticipated allocations of water from MWD, and any change in circumstances that could warrant a position of more stringent measures or relaxation of measures then in effect. (Ord. 92 -31 Y44 (part), 1992) 14.16.045 Permanent Water Usage Restrictions. 1. No person or customer shall use water to wash any sidewalk, walkway, driveway, parking area or any other hard surface. • 2. No person or customer shall use water to clean, fill, or maintain levels in decorative fountains, ponds, lakes, or other purely aesthetic facilities, however, water may be used to fill or maintain levels if all liquid is recirculated. 3. No restaurant, hotel, cafe, cafeteria or other public place where food is sold, served or offered for sale shall serve drinking water to any person unless pursuant to an express request. 4. No person or customer shall permit water to leak from any pipe or facility connected to the meter or meters which measures the amount of water for which a customer is obligated to pay the City. 5. No person or customer shall water or irrigate any lawn, landscaping or other vegetation in a manner that causes or allows excess water to flow or run off onto an adjoining sidewalk, driveway, street, gutter or ditch. 6. No person shall use water for construction purposes with respect to any project that requires a grading permit without first having submitted a construction water plan to, and obtaining approval from, the Utilities Manager. (Ord. 92 -311/4 4 (part), 1992) 14.16.050 Water Conservation Phases. A. Phase 1. Voluntary Ten Percent Reduction. Each customer shall use their best efforts, without mandatory restrictions, to use ninety (90) percent or less of the water consumed during the base period for that customer's group. • B. Phase 2. Mandatory Ten Percent Cut -Back. No customer shall, during any billing period, consume more than ninety (90) percent of the water consumed during the corresponding base period. C. Phase 3. Mandatory Fifteen (15) Percent Cut -Back. No customer shall, during any billing period, consume more than eighty-five (85) percent of the water consumed during the corresponding base period. D. Phase 4. Mandatory Twenty (20) Percent Cut -Back. 1. No customer shall, during any billing period, consume more than eighty (80) percent of the water consumed during the corresponding base period. 21 2. No customer shall use water to wash all or any portion of a structure, motor vehicle, trailer, boat, facility or equipment, except with a hand -held bucket with a capacity of five gallons or less, or a hose equipped with a positive shut -off nozzle. 3. No customer shall use water to wash any sidewalk, walkway, driveway, parking area or other hard surface. 4. No person shall water or irrigate any lawn, soil, landscaping or vegetation between the hours of ten a.m. and four p.m. E. Phase 5. Mandatory Twenty -Five (25) Percent Cut -Back. 1. No customer shall, during any billing period, consume more than • seventy -five (75) percent of the water consumed during the corresponding base period. 2. No customer shall use water to wash all or any portion of a structure, motor vehicle, trailer, boat, facility or equipment, except in accordance with the following: a. Washing shall be done only with a hand -held bucket with a capacity of five gallons or less, or a hose equipped with a positive shut -off nozzle; and b. Washing is permitted only on the days specified for watering, or irrigation of lawns and landscaping as specified in subsection (3). 3. No person shall water or irrigate any lawn, soil, landscaping or vegetation, except in accordance with the following: a. Customers with odd numbered addresses shall water only on Tuesdays, Thursdays, and Saturdays. b. Customers with even numbered addresses shall water only on Mondays, Wednesdays, and Fridays. C. Watering is permitted only between the hours of four p.m. and ten a.m. No watering or irrigation is permitted between the hours of ten a.m. and four p.m. F. Phase 6. Mandatory Thirty (30) Percent Cut -Back. 1. No customer shall, during any billing period, consume more than seventy (70) percent of the water consumed during the corresponding base period. 2. No customer shall use water to wash all or any portion of a structure, • motor vehicle, trailer, boat, facility or equipment, except in accordance with the following: a. Washing shall be done only with a hand -held bucket with a capacity of five gallons or less, or a hose equipped with a positive shut -off nozzle; and b. Washing is permitted only on the days specified for watering or irrigation of lawns and landscaping as specified in subsection (3). 3. No person shall water or irrigate any lawn, soil, landscaping or vegetation, except in accordance with the following: a. Customers with odd numbered addresses shall water only on Tuesdays and Fridays. b. Customers with even numbered addresses shall water only on Mondays and Thursdays. C. Watering is permitted only between the hours of four p.m. and ten a.m. Watering or irrigation is prohibited between the hours of ten a.m. and four p.m. G. Phase 7. Mandatory Thirty -Five (35) Percent Cut -Back. 1. No customer shall, during any billing period, consume more than sixty - five (65) percent of the water consumed during the corresponding base period. 2. No customer shall use water to wash all or any portion of a structure, motor vehicle, trailer, boat, facility or equipment, except in accordance with the following: a. Washing shall be done only with a hand -held bucket with a capacity of • five gallons or less, or a hose equipped with a positive shut -off nozzle; and b. Washing is permitted only on the days specified for watering or irrigation of lawns and landscaping as specified in subsection (3). 3. No person shall water or irrigate any lawn, soil, landscaping or vegetation, except in accordance with the following: a. Customers with odd numbered addresses shall water only on Tuesdays. b. Customers with even numbered addresses shall water only on Wednesdays. C. Watering is permitted only between the hours of six p.m. and six a.m. Watering or irrigation is prohibited between the hours of six a.m. and six p.m. 22 d. Trees may also be watered on Sundays. H. Phase 8. Mandatory Forty (40) Percent Cut -Back. 1. No customer shall, during any billing period, consume more than sixty (60) percent of the water consumed during the corresponding base period. 2. No customer shall use water to wash all or any portion of a structure, motor vehicle, trailer, boat, facility or equipment, except in accordance with the following: a. Washing shall be done only with a hand -held bucket with a capacity of five gallons or less, or a hose equipped with a positive shut -off nozzle; and • b. Washing is permitted only on the days specified for watering or irrigation of lawns and landscaping as specified in subsection (3). 3. No person shall water or irrigate any lawn, soil, landscaping or vegetation, except in accordance with the following: a. Customers with odd numbered addresses shall water only on 1st and 3rd Tuesdays. b. Customers with even numbered addresses shall water only on 1st and 3rd Wednesdays. C. Watering is permitted only between the hours of six p.m. and six a.m. Watering or irrigation is prohibited between the hours of six a.m. and six p.m. d. Trees may also be watered on Sundays, but only by use of a hand -held bucket. I. Phase 9. Mandatory Forty -Five (45) Percent Cut -Back. 1. No customer shall, during any billing period, consume more than fifty -five (55) percent of the water consumed during the corresponding base period. 2. No customer shall use water to wash all or any portion of a structure, motor vehicle, trailer, boat, facility or equipment, except in accordance with the following: a. Washing shall be done only with a hand -held bucket with a capacity of five gallons or less, or a hose equipped with a positive shut -off nozzle; and • b. Washing is permitted only on the days specified for watering or irrigation of lawns and landscaping as specified in subsection (3). 3. No person shall water or irrigate any lawn, soil, landscaping or vegetation, except in accordance with the following: a. Customers with odd numbered addresses shall water only on 1st Tuesday. b. Customers with even numbered addresses shall water only on 1st Wednesday. C. Watering is permitted only between the hours of ten p.m. and six a.m. Watering or irrigation is prohibited between the hours of six a.m. and ten p.m. d. Trees may also be watered on Sundays, but only by use of a hand -held bucket. J. Phase 10. Mandatory Fifty (50) Percent Cut -Back. 1. No customer shall, during any billing period, consume more than fifty (50) percent of the water consumed during the corresponding base period. 2. Watering or irrigation of plants, landscaping, vegetation or soil is prohibited, provided, however, plants, trees and shrubs may be watered by means of a hand -held bucket. 3. No person shall fill any pool, spa, decorative fountain, pond, lake or any body of water. (Ord. 92-311/44 (part), 1992) • 14.16.060 Surcharges. A. The surcharges imposed by this section reflect, in part, additional charges imposed by MWD on the City of Newport Beach for the purchase of water in excess of permitted allocations. The surcharges are also intended to supplement penalties for violating water consumption restrictions by dramatically increasing the cost of water as consumption extends permitted thresholds. B. Customer shall pay the surcharges specified in this section for all water consumed in excess of the water consumption restrictions (Phases 2 through 10, inclusive), specified in Section 14.16.050. The surcharge shall be one dollar and twenty- 23 four cents ($1.24) per billing unit for the first ten percent increment in excess of the ration level and an additional one dollar and twenty -four cents ($1.24) for each subsequent ten percent increment above the ration level. For example, Phase 6 requires customers to use no more than seventy (70) percent of the water consumed during the corresponding base period. A customer using forty -five (45) billing units when assigned a ration level of thirty -two (32) billing units would pay the following: 32 Units @ $1.34 (Basic Water Rate) $42.88 4 Units @ $2.58 ($1.34 + $1.24) 10.32 4 Units Q $3.82 ($1.34 + $2.48) 15.28 • 4 Units Q $5.06 ($1.34 + $3.72) 20.24 1 Unit Q $6.30 ($1.34 + $4.96) 6.30 45 Units Total 95.02 The preceding surcharge shall be imposed on the customer's next water bill and shall be in addition to the basic water rate. (Ord. 92 -311/4 4 (part), 1992) 14.16.070 Exemptions. A. The provisions of this chapter shall not apply to the following activities of a public entity: 1. The filling, operation and maintenance of a swimming pool open to the public. 2. The washing of refuse, sanitation and service vehicles owned and operated by a public entity to the extent necessary to insure public health, safety and welfare. B. The provisions of this chapter which restrict the watering or irrigation of landscaping vegetation, and soil, and those provisions which require the reduction of consumption shall not be applicable to customers who have participated in a fuel load modification program and have received an exemption from the Utilities Manager. The Utilities Manager shall grant only that exemption necessary to mitigate the impacts of • participation in the fuel load modification program such as, the need to irrigate replacement vegetation. C. The provisions of this chapter which restrict the watering or irrigation of lawns, landscaping, vegetation and soil shall not apply to commercial nurseries or other businesses whose main stock and trade consists of plants and vegetation. Provided, however, this exemption is applicable only to those businesses which submit a water conservation plan to, and obtain the approval of, the Utilities Manager. The Utilities Manager shall approve a water conservation plan submitted pursuant to this subsection only if the plan proposes the maximum feasible reduction in consumption. D. The provisions of this chapter that restrict the washing of vehicles, boats, and mobile equipment shall not apply to any car wash, auto detailer, or similar business that has applied for and received approval of, an exemption from the Utilities Manager. The Utilities Manager shall grant an exemption only if the plan provides for recirculation or recycling of water or otherwise proposes the maximum feasible reduction in consumption. E. The provisions of this chapter that require customers to reduce their consumption by specified percentages shall not apply to reduce consumption below levels necessary to maintain health, safety and sanitation as determined by the Utilities Manager. (Ord. 92 -311/4 4 (part), 1992) 14.16.080 Relief from Compliance. A. Intent and Purpose. The City Council recognizes that water consumption can increase or decrease because of factors unrelated to wasteful water use practices. Many customers have installed water - saving devices and adopted water conservation practices that make it difficult to achieve the additional reductions required by this chapter. This section recognizes that base adjustments may be necessary to insure that application of this chapter to any particular customer does not produce unjust or inequitable results. As a general rule, the Utilities Manager should not grant relief to any customer for any reason in the absence of a showing that the customer has 24 achieved the maximum practical reduction in water consumption other than in the specific area or areas for which relief is requested. B. Procedures. An application for relief from the provisions of this chapter may be filed by any customer with the Utilities Manager. The application shall be submitted on a form supplied by the Utilities Division. The application must be filed within ninety (90) days after the effective date of this chapter or ninety (90) days after implementation of the then current conservation phase, whichever shall occur last. The Utilities Manager shall approve or disapprove the application for relief within fifteen (15) days after it is filed and deemed complete. • C. Factors. In determining whether relief should be granted, the Utilities Manager shall consider all relevant factors including, but not limited to, the following: 1. Whether compliance with the consumption and reduction provisions then in effect would result in unemployment or layoff of workers; 2. Whether additional persons are living or working in the structure or structures served by the meter or meters for which customer is responsible; 3. Whether customer had, during all or a portion of the base period, reduced consumption from prior years through the use of water conservation practices; 4. Whether any current or anticipated increase in production or manufacturing will require additional water; 5. The extent to which irrigation or watering of landscaping has been made necessary by compliance with fuel load modification programs; 6. The extent to which customer needs to use water to mitigate any emergency health or safety hazards; 7. The absence of one or more persons from the structure or structures served by the meter during all or a portion of the base period; 8. The special needs and characteristics of hospitals, clinics and other medical care facilities. D. Agreement. The Utilities Manager is empowered to enter into an agreement with any customer to resolve the application for relief. The agreement shall • be memorialized in a writing signed by the customer. The agreement shall fix the rights of the customer and the City. The customer shall have no further right to seek relief pursuant to the provisions of this section. E. Final Decision. The Utilities Manager shall notify the customer of the decision on the application for relief by mailing notice of the decision to the customer, first class, postage pre -paid, to the address specified on the application. The decision of the Utilities Manager shall be final. F. Willful Misrepresentation. Notwithstanding any other provision of law, no person shall make any willful misrepresentation of a material fact with respect to any application for relief submitted pursuant to this section. Any violation of the provisions of this subsection shall be considered a misdemeanor, punishable as otherwise provided in this Code. (Ord. 92 -311/4 4 (part), 1992) 14.16.090 Failure to Comply. A. Penalties. The penalties specified in this section are exclusive and the other penalty provisions of this Code are inapplicable. 1. The following penalties shall be imposed for each violation of the general water usage restrictions contained in Section 14.16.045: a. For the first and second violations, the Utilities Manager shall issue a written notice of violation to the customer or person. b. For a third violation by any customer within any twelve (12) month • period, a penalty in the sum of fifty dollars ($50.00) shall be added to the customer's water bill. The third violation by any person within a twelve (12) month period shall constitute an infraction, punishable by a fine of fifty dollars ($50.00). C. For a fourth and any subsequent violation by any customer within any twelve (12) month period, a penalty in the sum of one hundred and fifty dollars ($150.00) shall be added to the customer's water bill. The fourth and any subsequent violation by a person during any twelve (12) month period shall constitute an infraction, punishable by a fine of one hundred and fifty dollars ($150.00). 25 d. In addition to the penalties specified in subsection (c), upon a fourth violation, the Utilities Manager may install a flow restrictor on the meter or meters for which a customer is responsible and which are connected to the facility from which water was discharged in violation of Section 14.16.045. 2. Consumption restrictions. The following penalties shall be imposed for each violation of the conservation phase restrictions then in effect: a. For the first and second violations by any customer, the Utilities Manager shall send a written notice of violation to the customer. b. For the third violation, a penalty shall be added to the customer's next • water bill in accordance with the schedule specified below. The third violation by any person shall constitute an infraction with a fine imposed in accordance with the schedule specified below: 1. Meter with 3/4 inch service $50.00 2. Meter with 1 inch service 100.00 3. Meter with 1 -1/2 inch service 150.00 4. Meter with 2 inch service 200.00 5. Meter with 4 inch service 350.00 6. Meter with service larger than 4 inches 500.00 C. For a fourth violation by any customer, the penalties specified in subsection (b) shall be doubled and added to the customer's next water bill. d. The Utilities Manager may install a flow restrictor upon or after the fourth violation by any customer. The flow restrictor shall be placed on customer's meter or meters that registered the excessive consumption or which were connected to the facility used to illegally discharge water. Customer may apply to the Utilities Manager for removal of the flow restrictor within sixty (60) days after installation, provided the customer pays fifty dollars ($50.00) for removal. B. Notice. Prior to the imposition of any penalties or surcharge pursuant to • this section and a right to a hearing to contest the validity of any such penalty and surcharge. Notice shall be deemed given when personally delivered to the customer or when deposited in the United States mail, first class postage prepaid, and addressed in the same manner as normal water billings. Notices relative to the violation of water consumption reduction requirements imposed by conservation phases may be given by specifying the violation, the facts supporting the violation, and the customer's right to a hearing in a conspicuous place on the first water bill sent to the customer for the billing period during which the violation occurred. If the penalty assessed is, or includes, the installation of a flow restrictor or the termination of water service, notice of the violation shall, in addition to that specified above, be posted in a conspicuous place on the property served by the meter or meters which recorded the excessive consumption or were connected to the facility from which water was illegally discharged. C. Hearing. Any customer against whom a penalty is levied pursuant to this section shall have a right to hearing. The customer shall be entitled to be represented by an individual of their choice, to present oral and documentary evidence in support of their appeal, and to review and comment on all evidence offered to establish the violation. (Ord. 92 -31 Y4 4 (part), 1992) 14.16.100 Applicability. The provisions of this chapter shall be applicable to persons who receive water . from agencies or entities other than the City of Newport Beach, and any water agency or water district serving residents of the City of Newport Beach shall enforce the provisions of this chapter. (Ord. 92-311/44 (part), 1992) 26 Sections: 14.17.005 14.17.010 • 14.17.020 14.17.030 14.17.040 14.17.050 Chapter 14.17 WATER - EFFICIENT LANDSCAPING Intent and Purpose. Definitions. Applicability. Landscape and Irrigation Design Standards. Soil Management. Maintenance Schedules. 14.17.005 Intent and Purpose. It is the purpose of this chapter to establish reasonable procedures and standards for the design, installation, and maintenance of water - efficient landscapes in conjunction with new construction projects within the City of Newport Beach to promote the conservation and efficient use of water within the City and prevent the waste of available water resources. (Ord. 92 -54 Y42 (part), 1992) 14.17.010 Definitions. As used in this chapter, the following terms shall have the meanings indicated: A. "Anti-drain valve" or "check valve" means a valve located under a sprinkler head that holds water in the system so it minimizes drainage from the lower elevation sprinkler heads. B. "Application rate" means the depth of water applied to a given area, usually measured in inches per hour. C. "Applied water" means the portion of water supplied by the irrigation • system t the landscape. D. "Automatic controller" means a mechanical or solid state timer, capable of operating valve stations which set the days and duration of a water application. E. "Backflow prevention device" means a safety device which prevents pollution or contamination of the water supply that could result from the reverse flow of water from the irrigation system. F. "Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, ecosystem. G. "Emitter" means drip irrigation fittings that slowly deliver water from the system to the soil. H. "Established landscape" means the point at which plants in the landscape have developed roots into the soil adjacent to the root ball. I. "Establishment period" means the first year after installing the plant in the landscape. J. "Estimated total water use" means the annual total amount of water estimated to be needed to keep the plants in the landscaped area healthy. It is based upon such factors as the local evapotranspiration rate, the size of the landscaped area, the types of plants, and the efficiency of the irrigation system. K. "Evapotranspiration" means the quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time. • L. "Flow rate" means the rate at which water flows through pipes and valves (gallons per minute or cubic feet per second). M. " Hydrozone" means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or non - irrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a non - irrigated hydrozone. N. "Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour). 27 O. "Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of this chapter is 0.625. Greater irrigation efficiency can be expected from well designed and maintained systems. P. "Landscape irrigation audit" means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules. Q. "Landscaped area" means the entire parcel less the building footprint, • driveways, non - irrigated portions of parking lots, hardscapes -- such as decks and patios, and other non - porous areas. Water features are included in the calculation of the landscaped area. Areas dedicated to edible plants, such as orchards or vegetable gardens are not included. R. "Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. S. "Main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet. T. "Mulch" means any organic material such as leaves, bark, straw or inorganic material such as decomposed granite other which is left loose or applied to the soil surface to reduce evaporation. U. "Operating pressure" means the pressure at which a system of sprinklers is designed to operate, usually indicated at the base of a sprinkler. V. "Overspray" means the water which is delivered beyond the landscaped area, wetting pavements, walks, structures, or other non - landscaped areas. W. "Rain sensing device" means a system which automatically shuts off the irrigation system when it rains. X. "Recreational area" means areas of active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic. Y. "Recycled water," "reclaimed water," or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for non - potable uses such as • landscape irrigation; not intended for human consumption. Z. "Reference evapotranspiration" or "Eto" means a standard measurement of environmental parameters which affect the water use of plants. Eto is given in inches per day, month, or year as represented in Section 705, and is an estimate of the evapotranspiration of a large field of four- to seven -inch tall, cool- season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances so that regional differences in climate can be accommodated. AA. "Rehabilitated landscape" means any relandscaping project that is done in conjunction with an applicable project as set forth in Section 14.17.020(A), that requires the issuance of a building permit or grading permit for the construction of new structures or the rehabilitation of existing structures. BB. "Run off' means water which is not absorbed by the soil or landscape to which it is applied and flows from the area. For example, run off may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a severe slope. CC. "Soil moisture sensing device" means a device that measures the amount of water in the soil. DD. "Soil texture" means the classification of soil based on the percentage of sand, silt, and clay in the soil. • DD. "Sprinkler head" means a device which sprays water through a nozzle. EE. "Static water pressure" means the pipeline or municipal water supply pressure when water is not flowing. FF. "Station" means an area served by one valve or by a set of valves that operate simultaneously. GG. "Turf' means a surface layer of earth containing mowed grass with its roots. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool- season grasses. Bermudagrass, Kikuyugrass, Seashore, paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm- season grasses. 28 • • HH. "Valve" means a device used to control the flow of water in the irrigation system. H. All terms not otherwise defined within this chapter shall be defined in accordance with such terms as defined in Chapter 20.87 of this Code. (Ord. 92 -541/4 2 (part), 1992) Rio 14.17.020 Applicability. A. The provisions contained within this chapter shall apply to: 1. All new and rehabilitated landscaping for public agency projects and private development projects that is done in conjunction with the issuance of a building permit or grading permit for the construction of new structures or rehabilitation of existing structures; and 2. Developer - installed landscaping in single - family, two family and multidwelling projects. • B. The provisions of this chapter shall not apply to: 1. Homeowner - provided landscaping; 2. Cemeteries; 3. Registered historical sites; 4. Ecological restoration projects that do not require a permanent irrigation system; 5. Any project with a landscaped area less than two thousand five hundred (2,500) square feet; 6. Any project which exclusively uses reclaimed water for landscape irrigation purposes. (Ord. 92 -541/4 2 (part), 1992) 14.17.030 Landscape and Irrigation Design Standards. The landscape and irrigation design for applicable projects shall comply with the following design standards: A. Landscape Design Plan Specifications. The landscape design plan shall be drawn to scale and shall accurately and clearly identify: 1. Designated hydrozones. 2. Landscape materials, trees, shrubs, ground cover, turf, and other vegetation. Planting symbols shall be clearly drawn and plants labeled by botanical name, common name, container size, spacing, and quantities of each group of plants • indicated. 3. Property lines, easements, and street names. 4. Streets, driveways, walkways, and other paved areas. 5. Location, size and type of any underground utilities on the site. 6. Pools, ponds, water features, fences, and retaining walls. 7. Existing and proposed buildings and structures including elevation if applicable. 8. Natural features including but not limited to rock outcroppings, existing trees, shrubs that will remain. 9. Tree staking, plant installation, soil preparation details, and any other applicable planting and installation details. 10. A calculation of the total landscaped area. 11. Designation of recreational areas. B. Plant Selection and Grouping. 1. Plants having similar water use shall be grouped together in distinct hydrozones. 2. Plants shall be selected appropriately based upon their adaptability to the climatic, geologic, soil and topographical characteristics of the site. Protection and preservation of native species and natural areas is encouraged. The planting of trees is encouraged wherever it is consistent with the other provisions of this chapter. 3. Fire prevention needs shall be addressed in areas that are fire prone. • Information about fire prone areas and appropriate landscaping for fire safety is available from the Newport Beach Fire Department. C. Irrigation Design. All required Landscape areas shall be equipped with a permanently installed irrigation system which utilizes the most current and cost effective irrigation technology so as to maximize the efficient use of water. Irrigation design shall include the following design criteria: 1. Runoff and Overspray. Soil types and infiltration rate shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low head drainage, overspray, or other similar conditions where water flows 30 onto adjacent property, non - irrigated areas, walks, roadways, or structures. Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates to infiltration rates therefore minimizing runoff. Special attention shall be given to avoid runoff on slopes and to avoid overspray in planting areas and medians with a width less than ten feet. 2. Equipment. a. Water Meters. Separate landscape water meters shall be encouraged for all projects except for single family homes or any project with a landscaped area of less than five thousand (5,000) square feet. • b. Controllers. Automatic control systems shall be required for all irrigation systems and must be able to accommodate all aspects of the design. C. Valves. Where feasible, plants which require different amounts of water shall be irrigated by separate valves. If one valve is used for a given area, efforts shall be made to insure that plants with similar water use are used in that area. Anti-drain (check) valves shall be installed in strategic points to minimize or prevent low -head drainage. d. Sprinkler Heads. Heads and emitters shall have consistent application rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance. e. Rain Sensing Override Devices. It is recommended that rain sensing override devices be considered where appropriate. f. Soil Moisture Sensing Devices. It is recommended that soil moisture sensing devices be considered where appropriate. 3. Recycled Water. Where reclaimed water is available, irrigation systems shall make use of recycled water unless a written exemption has been granted by the Utilities Division, stating that recycled water meeting all health standards is not available and will not be available in the foreseeable future. If utilized, the recycled water irrigation systems shall be designed and operated in accordance with all local and State Codes. • 4. Irrigation Design Plan Specifications. The irrigation design plan shall accurately and clearly identify: a. Location and size of separate water meters for the landscape. b. Location, type, and size of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads, rain sensing devices, quick couplers, and backflow prevention devices. C. Location, size and type of any underground utilities on the site. d. Static water pressure at the point of connection to the public water supply. e. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (psi) for each station. f. Calculated estimate of total water use. g. Recycled water irrigation systems if applicable. 5. Irrigation Schedules. Irrigation schedules satisfying the following conditions shall be prepared as part of the irrigation design plan and shall include: a. An annual irrigation program with monthly irrigation schedules shall be required for the plant establishment period and for the established landscape. b. Run time (in minutes per cycle), suggested number of cycles per day, and frequency of irrigation for each station. C. The amount of applied water (in hundred cubic feet, gallons) recommended on a monthly and annual basis. • d. Whenever possible, irrigation scheduling shall incorporate the use of evapotranspiration data such as those from the California Irrigation Management Information System (CIMIS) weather stations to apply the appropriate levels of water for different climates. e. Whenever possible, landscape irrigation shall be scheduled between eight p.m. and ten a.m. to avoid irrigating during times of high wind or high temperature. (Ord. 92 -55 1/41, 1993; Ord. 92 -541/4 2 (part), 1992) 31 14.17.040 Soil Management. A. A soil analysis satisfying the following conditions shall be prepared along with the landscape and irrigation design plans. 1. Determination of soil texture, indicating the percentage of organic matter. 2. An approximate soil infiltration rate (either measured or derived from soil texture/infiltration rate tables). A range of infiltration rates should be noted where appropriate. 3. Measure of Ph, and total soluble salts. B. Where appropriate, a mulch of at least three inches shall be applied to all • planting areas except turf. (Ord. 92-54 1/4 2 (part), 1992) 14.17.050 Maintenance Schedules. l� u • A regular maintenance schedule satisfying the following conditions shall be prepared along with the landscape and irrigation design plans. A. Landscapes shall be maintained to ensure water efficiency. A regular maintenance schedule shall include but not be limited to checking, adjusting, and repairing irrigation equipment; resetting the automatic controller; aerating and detaching turf areas; replenishing mulch; fertilizing; pruning, and weeding in all landscaped areas. B. Whenever possible, repair of irrigation equipment shall be done with the originally specified materials or their equivalents. (Ord. 92-54 1/4 2 (part), 1992) 32 Sections: 14.20.00E 14.20.010 lb 14.20.020 14.20.030 14.20.040 14.20.050 14.20.060 Chapter 14.20 WATER 1V[ETERS* Editor's note for Chapter 14.20,. Property of City -- Damaged or Lost Meters. Meter Tests. Meter Test Deposit. Tampering with Meters Prohibited. Meter Placement. Meters Inside Premises. * Prior history: 1949 Code 1/41/4 7227 - -7231; Ords. 934, 1769 and 1849. 14.20.010 Property of City-- Damaged or Lost Meters. All meters, unless otherwise authorized by the Utilities Manager, shall be and remain the property of the City and will not be removed unless the use of water on the premises is to be entirely stopped, or the service connection discontinued or abandoned. In all cases where meters or meter boxes are lost, injured or broken by carelessness, or by the negligence of the owners or occupants of premises, they shall be replaced or repaired by the Utilities Division and the cost charged against the owner or occupant; and in the case of nonpayment, the water shall be shut off as provided in Section 14.12.090. In the event the meter is out of order, or fails to register properly, the consumer shall be charged on an estimate made by the Utilities Division on the average monthly consumption during the last three months that the meter was in good order, or • from what he may consider to be the most reliable data at his command. (Ord. 92 -561/4 2, 1993: Ord. 92 -311/4 5 (part), 1992) 14.20.020 Meter Tests. Where the accuracy of record of a water meter is questioned, it shall be removed at the consumer's request and shall in his present be tested in the shops of the Utilities Division by means of the apparatus there provided, and a report thereon duly made. Both parties to the test must accept the findings so made. If the test discloses an error against the consumer of more than three percent of the meter's registry, the excess of the consumption on the three previous readings shall be credited to the consumer's meter account, and the Utilities Division will bear the entire expense of the test, and the deposit required as hereinafter prescribed shall be returned. On the other hand, where no such error is found, the person who has requested the test shall pay the charges fixed for such test. (Ord. 92-311/45 (part), 1992) 14.20.030 Meter Test Deposit Before the test of any meter is made, the person requesting the test shall at the time of filing his request therefor deposit with the City an amount as established by resolution of the City Council. (Ord. 92-311/45 (part), 1992) • 14.20.040 Tampering with Meters Prohibited. No meter shall be removed, or in any way disturbed, nor the seal broken except in the presence of and under the direction of a duly authorized agent or employee of the City. (Ord. 92-311/45 (part), 1992) 14.20.050 Meter Placement. All meters of the City shall be placed at the curbline of the street or near the property line in alleys, whenever and wherever practicable, and be protected and maintained as a part of the operation of the Division. (Ord. 92-311/45 (part), 1992) 33 • C7 C7 14.20.060 Meters Inside Premises. When a water meter is placed inside the premises of a consumer, for the convenience of the consumer, provisions shall be made for a convenient meter reading and repairing by representatives of the Division. Failure to make such provisions by the consumer shall be sufficient cause for removal of such meter at the option of the Utilities Manager and the withholding of service until connection is made at the curbline as herein provided. (Ord. 92-311/45 (part), 1992) 34 Sections: 14.24.00E 14.24.010 • 14.24.020 14.24.030 14.24.040 14.24.050 14.24.060 14.24.065 14.24.070 14.24.080 14.24.090 14.24.100 14.24.110 Chapter 14.24 SEWER CONNECTION, PERMITS* Prior history note for Chapter 14.24. Definitions. Dwelling Unit and Business Structure Sewer Connection Required. Application for Sewer Connection. Contents of Application. Sewer Connection Fee. Sewer Connection Requisite to Occupancy. Sewer Use Charge. Owner Indebted for Expense. Sewer Connections in County Sanitation District No. 7. Permit Required for Connection Outside of City. Permit Conditions for Connection Outside of City. Consent Discretionary for Connection Outside of City. * Prior ordinance history: Ords. 1265, 1572, 1594, 1614, 1771, 1847, 1848, 82 -20, 84 -10, 85 -10, 87 -8, 89 -12, 90 -26 and 91 -21. 14.24.010 Definitions. Generally. For the purpose of this chapter, certain words and phrases are defined and certain provisions shall be construed as herein set forth, unless the provisions of the context otherwise require. • Dwelling Unit. The term "dwelling unit" shall be defined as specified in Section 20.87.140 of this Code. Business Structure. The term "business structure" shall mean any building or structure erected for the purpose of having transacted or carried on therein any trade, profession, occupation, business or calling, or which is capable of having carried on therein any trade, profession, occupation, business or calling. Public Sewer. The term "public sewer" shall mean any sewer in any part of the City used, controlled or operated by the City. (Ord. 92 -33 1/41 (part), 1992) 14.24.020 Dwelling Unit and Business Structure Sewer Connection Required. Every dwelling unit or business structure in the City shall be connected with the public sewer in the manner, at the place, under the supervision of and to the satisfaction of the Utilities Manager, if the dwelling unit or business structure is within two hundred (200) feet of the public sewer. Each unit shall be individually connected to the City sewer systems unless otherwise approved by the Utilities Manager. Each lateral connection shall be constructed in accordance with the City's standards for such connections and shall have a clean -out assembly at the property line. (Ord. 92- 331/41 (part), 1992) 14.24.030 Application for Sewer Connection. • At the time of application for a building permit by any person for the erection of any building in the City, if the building when erected shall be located within two hundred (200) feet of a public sewer line, an application to have the building connected with the public sewer shall also be filed with the Public Works Department, and no building permit under such conditions shall be issued until the application for a sewer connection is completed and the sewer connection fee has been paid. (Ord. 92- 331/41 (part), 1992) 35 14.24.040 Contents of Application. The application shall set forth the name of the applicant and a description of the property upon which the sewer connection is to be made, and the approximate distance of the building when erected from the nearest point on a main sewer line of the public sewer. (Ord. 92 -33 Y41 (part), 1992) 14.24.050 Sewer Connection Fee. The applicant shall pay two hundred fifty dollars ($250.00) a connection fee for each connection to the public sewer. (Ord. 92- 331/41 (part), 1992) • 14.24.060 Sewer Connection Requisite to Occupancy. No building hereafter erected in the City shall be occupied for any purpose until the same is connected with the public sewer, if such building is within two hundred (200) feet of a public sewer line, and until all fees and costs for making the connections have been paid. (Ord. 92- 331/41 (part), 1992) 14.24.065 Sewer Use Charge. A. A monthly basic sewer use charge of three dollars and sixty cents ($3.60) per month, shall be assessed against each individually metered dwelling unit or business structure connected to the public sewer system and for each sewer connection to the public sewer system for customers who purchase water from the City of Newport Beach except as provided in (C). B. A monthly basic sewer use charge of five dollars and twenty-five cents ($5.25) per month, shall be assessed for each use connection to the public sewer system for customers who do not purchase water from the City of Newport Beach. C. A monthly supplemental sewer use charge of two dollars ($2.00) per month, shall be assessed for each additional living unit served by the same sewer connection. For the purposes of this subsection, the term "living unit" shall mean each additional dwelling unit and structures designed for permanent residential use and • each room with sanitary and sleeping facilities in any hospital, care facility, hotel or motel. D. In addition to the charges specified above, a sewer consumption charge of twenty_cents ($0.20) shall be assessed for each hundred (100) cubic feet of water delivered to each customer connected to the public sewer system. Effective July 1, 1997, the sewer consumption charge shall become twenty-five cents ($0.25). E. A monthly wastewater surcharge of ten dollars per month shall be assessed to each water customer on all non - irrigation water meters which have a diameter that equals or exceeds two inches. Water meter connections for the exclusive purpose of providing water for fire sprinkler of fire protection systems shall be exempted from this surcharge. (Ord. 95- 231/41, 1995: Ord. 94- 321/41, 1994: Ord. 92 -331/4 1 (part), 1992) 14.24.070 Owner Indebted for Expense. The expense of making any connection with the public sewer to a dwelling unit or business structure and the amount of any unpaid sewer charges shall be the obligation of the property owner. (Ord. 92- 331/41 (part), 1992) 14.24.080 Sewer Connections in County Sanitation District No. 7. No building permit shall be issued by the Community Development Department • for any construction requiring a sewer connection which is located within the boundaries of County Sanitation District No. 7 of Orange County until the applicant has presented written evidence of payment of any connection charges required by said district. (Ord. 92- 331/41 (part), 1992) 14.24.090 Permit Required for Connection Outside of City. No person shall connect property located outside of the City with the City sewer system, without a written permit from the City. (Ord. 92- 331/41 (part), 1992) 36 14.24.100 Permit Conditions for Connection Outside of City. The City Council in granting a permit authorizing the connection of property located outside of the City boundaries with the City sewer system shall impose a time limit on such permit and may attach any other terms and conditions as the Council may deem necessary. As a specific condition to granting such permit, the City Council may require the owner or owners of the property to be served to enter into a written agreement guaranteeing annexation to the City within a definite period of time. (Ord. 92 -33 1/41 (part), 1992) • 14.24.110 Consent Discretionary for Connection Outside of City. No provisions of this chapter shall be construed to mean that the City shall be required at any time to give its consent, written or otherwise, to the use of the sewer system for property outside the corporate limits of the City. Any permit granted hereunder, except as may be otherwise provided by written agreement with the City, shall be revocable at any time upon a thirty (30) days' written notice to the permittee outside of the City using the sewer system. (Ord. 92- 331/41 (part), 1992) Chapter 14.28 INDUSTRIAIL WASTES Sections: 14.28.010 Definitions. 14.28.020 Prohibited Uses of Sewers. 14.28.030 Industrial Waste Permit. 14.28.040 Investigation and Report of Application. • 14.28.050 Issuance -- Conditions. 14.28.060 Conditional Industrial Waste Permit. 14.28.070 Revocation of Industrial Waste Permit. 14.28.080 Payment of Costs for Sewer Damage. 14.28.090 Temporary Shut -Off by City Manager. 14.28.100 Penalty for Violation. 14.28.010 Definitions. Domestic Sewage. The term "domestic sewage" shall mean the waste waters arising from the flushing of toilets, from the use of lavatories and baths and other means of washing human persons, from the washing of clothes, and from the preparing and serving of meals. No distinction is made as to whether these waste waters originate in residences or in commercial establishments which produce only waste water from operations similar to those which are commonly carried on in homes. The wastes from hotels, restaurants, laundries, public toilets, and schools are included in the category of "domestic sewage." Industrial Sewage. The term "industrial sewage" shall mean waste waters arising in manufacturing or processing operations such as those carried on in refineries, canneries, slaughter houses, meat packing plants, fish cleaning plants, rendering plants, fruit by- products plants, vegetable packing plants, vegetable by- product plants, fruit • packing plants, creameries, dairies, wineries, distilleries, breweries, chemical plants, and all other similar and dissimilar fluid wastes and sewage of every kind other than domestic sewage. Biochemical Oxygen Demand. The term "biochemical oxygen demand" shall mean the five -day, twenty (20) degrees centigrade biochemical oxygen demand as determined by the most recent edition of "Standard Methods for the Analysis of Water and Sewage" of the United States Public Health Service. (1949 Code Y45300) 37 14.28.020 Prohibited Uses of Sewers. It shall be unlawful for any person to place or deposit in any public sewer or manhole or pipe line which discharges into a public sewer any of the following: A. Any sand, dirt, mud, rocks, concrete or brick or other earthy material or any solids which will settle out in the sewer. B. Any solids which will not pass through a screen with openings one inch square. C. Any flammable liquid or any liquid which is immiscible with water. D. Any liquid containing dissolved sulfides or compounds of intense odor • which might cause odor nuisances from manholes, sewage plants or ocean outfall. E. Any acids or liquids which have a pH value below five. F. Any other substances which will damage the sewage works or interfere with operation of these works, or cause nuisance conditions. G. Any industrial sewage except in accordance with the terms of a permit issued as hereinafter provided. (1949 Code 1/45301) 14.28.030 Industrial Waste Permit. No person shall discharge industrial wastes into the public sewer system or any municipal industrial waste pipe line of the City without first obtaining a permit so to do from the City Council. Such permit shall be known as an "industrial waste permit." Application for such permit shall be made in writing to the City Council through the Public Works Department and shall contain the following information: A. Name and address of applicant. B. Location of connection or proposed connection with public sewer system or municipal industrial water pipe line. C. Estimated gallonage of wastes proposed to be discharged and statement as to approximate time of discharging same, together with information as to peak loads, and such other similar data as the City Council may require. D. Statement of the character of the waste proposed to be discharged, • including such detail in connection therewith as the City Council may require. (Ord. 1265'/4 2; August 19,1968: prior 1949 Code Y45302 (part)) 14.28.040 Investigation and Report of Application. Upon receipt of application for an industrial waste permit, the City Council shall refer the same to the City Manager who shall investigate the same and make report thereof. The applicant shall furnish such other information as the City Manager may require in order to make his investigation. In addition to such report from the City Manager, the City Council may make such further investigation as it shall deem necessary, and may require the applicant or his representative to appear personally before the Council with respect to the application. (1949 Code 1/45302 (part)) 14.28.050 Issuance -- Conditions. After the Council has received its report from the City Manager and has made such further investigation as it deems necessary, the applicant shall be granted an industrial waste permit in the event the City Council finds: A. That there is in the sewerage system of the City unused carrying and treatment capacity not necessary for the disposition of domestic sewerage of the City. B. That the amount and character of the wastes proposed to be discharged by applicant are such that the same can be transported and treated in such a manner • that an effluent will result which complies with all applicable State laws and regulations, and which, in the opinion of the City Council will not result in a nuisance nor any objectionable or unpleasant odors along the pipe lines or in the vicinity of treatment plants and other facilities. C. That such waste will not result in damage to pipe lines and other disposal facilities. (1949 Code Y45302 (part)) 14.28.060 Conditional Industrial Waste Permit. The City Council may issue a permit granting an application in part only, and may issue a conditional permit prescribing such conditions or requiring treatment of 38 wastes when in its opinion such permit or conditions shall promote the intent and purposes of this chapter or shall best preserve the public health, safety or welfare. (1949 Code 1/45302 (part)) 14.28.070 Revocation of Industrial Waste Permit. A. Causes. Whenever by reason of increased flow of domestic sewage or for any cause whatever, the City Council shall find, after hearing the discharge of such industrial wastes in pursuance of such permit exceeds or may exceed the carrying or treatment capacity of the sewage system and /or municipal industrial waste pipe lines, • or has caused or may cause objectionable or unpleasant odors, or unsanitary or other unhealthy conditions, or has resulted in or may result in damage to pipelines or other facilities, or that a permittee has violated any of the provisions of this chapter, the City Council may revoke the industrial waste permit or may impose further conditions with respect thereof, or may alleviate or remove the effects. B. Hearing. Should the City Council be advised of facts which indicate that such permit shall be revoked or that further conditions should be imposed upon the permittee, it shall set a time not less than thirty (30) days and designate a place of public hearing upon the question of whether the permit should be revoked or that conditions should be imposed upon the permittee, and shall cause the City Clerk to notify permittee in writing of such time and place of hearing. (1949 Code Y45303) 14.28.080 Payment of Costs for Sewer Damage. In the event that any person deposits any substance in any public sewer, sewer pipe, manhole, septic tank connected with the public sewerage system or municipal industrial waste pipe line within the City in violation of the provisions of this chapter, in addition to any penalties provided by this chapter, such person shall pay the City of Newport Beach for damage caused thereby and for the cost of any cleaning of any portion of the public sewerage system and /or municipal industrial waste pipe lines made necessary by reason thereof; and if after notice to such person, given in writing • by the City Manager, such costs and damages are not paid within five days thereafter, the City Council shall shut off the premises from the use of the public sewerage system and municipal industrial waste pipe line of the City of Newport Beach. (1949 Code 1/4 5304) • 14.28.090 Temporary Shut -Off by City Manager. The City Manager shall have the power temporarily to shut off any premises from the use of the public sewerage system and /or any municipal industrial waste pipe line of the City where the occupant or user of such premises is placing in such public sewerage system and /or municipal industrial waste pipe line substances in violation of this chapter. (1949 Code Y45305) 14.28.100 Penalty for Violation. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine up to maximum allowed by law or by imprisonment in the City or County Jail for a period of not more than three months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of this chapter is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this chapter. (1949 Code 1/45306) M9 Sections: 14.30.010 14.30.020 • 14.30.030 14.30.040 14.30.050 14.30.060 14.30.070 14.30.080 14.30.085 14.30.090 14.30.100 Chapter 14.30 FOOD ESTABLISHMENT GREASE DISPOSAL Intent and Purpose. Definitions. Waste Disposal -- Permit Required. Permit Conditions. Permit Application. Term. Use and Maintenance Requirements. Maintenance Reports. Violations. Penalty for Violation. Notice and Hearing Procedures. 14.30.010 Intent and Purpose. It is the intent of this chapter to establish a permit procedure for the maintenance of interceptors for grease and other insoluble waste discharge from restaurants and other food preparation establishments within. the City. The City Council, in enacting the ordinance codified in this chapter, intends to provide a fair and effective means to provide for the maximum beneficial public use of the City's wastewater collection system. This may be accomplished by regulation of the discharge of grease and other insoluble waste products to prevent blockages of the City wastewater system, to avoid inefficient use of City resources and to promote public health and safety. (Ord. 91 -51/41 (part), 1991) • 14.30.020 Definitions. A. "Food establishment" shall mean any person doing business within the City of Newport Beach as a restaurant, specialty food or other facility engaged in preparing and processing food for consumption by the public. B. "Grease" shall mean any oil, fat or oily fatty substance such as vegetable or animal fat that turns or may turn viscous or solidifies. C. "Grease interceptor" shall mean an interceptor of at least seven- hundred- fifty (750) gallon capacity to serve one or more fixtures and which is remotely located, as required by the Uniform Plumbing Code and by the Building Director. D. "Grease trap" shall mean a device to retain grease from one to a maximum of four fixtures. E. "Person" shall mean any individual, firm, corporation, partnership, association or other group or combination of individuals acting as a business unit. F. "Wastewater" shall mean water containing animal or vegetable matter and water, whether treated or untreated, discharged into or permitted to enter a public sewer. (Ord. 91 -51/41 (part), 1991) 14.30.030 Waste Disposal -- Permit Required. Food establishments engaged in preparing food for consumption by the public • desiring to discharge grease, or wastewater which might include grease, into a public sewer shall obtain a permit to discharge from the Building Director known as a food establishment grease interceptor permit. The food establishment grease interceptor permit shall be subject to all provisions of this chapter and all other regulations, user charges, and fees which may be established from time to time by resolution of the City Council. (Ord. 91 -51/41 (part), 1991) 14.30.040 Permit Conditions. The permit may require pre - treatment of wastewater before discharge, discharge of certain wastewater only to specified sewers of the City, relocation of point of all discharge, prohibition of discharge of certain wastewater components, restriction of discharge during certain hours of the day, payment of additional charges to defray increased costs of the City relating to the discharge of grease and such other conditions as may be required to effectuate the purpose of this chapter. No person shall discharge grease in excess of any quantity or quality limitations or in violation of conditions set by the permit. (Ord. 91 -51/41 (part), 1991) 14.30.050 Permit Application. A. Persons seeking a food establishment grease interceptor permit shall • complete and file with the Building Director, an application on the form prescribed by the Building Director, and accompanied by the applicable fees. The applicant shall be required to submit the following information: 1. The name and address of applicant; 2. The volume and type of wastewater to be discharged; 3. The time of daily food preparation and cleaning operations; 4. Description of food preparation, type, number of meals served, cleanup procedures, dining room capacity, number of employees and size of kitchen; 5. List kitchen appliances and fixtures to be used; 6. Any other information as may be deemed by the Utilities and Building Departments to be necessary to evaluate the permit application; 7. In lieu of (1) through (6) above, the applicant may show appropriate permits or documentation from the City Building Department which confirm that an appropriate grease interceptor has been installed in the food establishment in accordance with the applicable Uniform Building and Plumbing Codes. After evaluation and acceptance of the data furnished, an on site inspection of the waste discharge system, treatment systems or other systems relating to waste discharge may be required. The Building Director may then issue a permit subject to the terms and conditions provided in this chapter and this Code. (Ord. 91 -51/41 (part), 1991) • 14.30.060 Term. The permit shall be issued for a two year period. The terms and conditions of the permit may be subject to modification and change by the City during the life of the permit as limitations or requirements as identified in Section 14.30.050 are modified and changed. The permittee shall be informed of any proposed changes in the frequency of the cleaning required by the permit at least thirty (30) days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. (Ord. 91 -51/41 (part), 1991) 14.30.070 Use and Maintenance Requirements. A. The food establishment grease interceptor permit shall be issued only for the permittee's specific use and operation. Any sale, lease, transfer or assignment of the premises or operation, shall require the issuance of a new permit. Any substantial or new or changed conditions of operation shall require a new permit to be issued. B. All permitbees shall be required to show proof of installation of a grease interceptor. Grease interceptors shall be installed to remove grease from wastewater and shall be maintained in efficient operating condition by periodic removal of the accumulated grease. The permittee shall be responsible for the proper removal and disposal by appropriate means of the captured material. No such accumulated grease shall be introduced into any sewer lateral or public sewer. C. Each permittee shall be required to employ appropriate service or procedures for periodic collection of accumulated grease from the grease interceptor for the purposes of physically segregating and disposing of oils, greases and greasy solids. The collection period shall be as determined appropriate by the Utilities Manager, but in all cases, at least three month intervals. (Ord. 91 -51/41 (part), 1991) 14.30.080 Maintenance Reports. A. The permittee shall be required to keep records of grease interceptor device cleaning, maintenance, and grease removal and report on such cleaning, 41 maintenance and removal to the City Utilities Division in accordance with the conditions imposed by the permit. B. Permittee shall allow City representatives ready access, during normal business hours, to the premises for purposes of sampling and inspections relating to the permit. City may enter the premises at any time to respond to an emergency related to grease collection facilities. (Ord. 91 -51/41 (part), 1991) 14.30.085 Violations. A. Any permittee who is found to be in violation of this chapter or • who: 1. Fails to install grease interceptor devices as required by permit; 2. Fails to fulfill reporting, maintenance and cleaning requirements as required by permit and this chapter; 3. Refuses reasonable access to the permittee's premises for the purpose of inspecting or monitoring; shall be assessed penalties provided in Section 14.30.090 of this chapter. The Utilities Manager shall issue a quarterly report listing violations. B. Any willful failure to comply with a provision of this chapter shall constitute a violation, regardless of whether the failure to comply is caused by the permittee or an employee or agent of the permittee. C. Where the failure to comply is continuing and intentional, each successive failure to comply shall be a separate and distinct violation. (Ord. 91 -51/41 (part), 1991) 14.30.090 Penalty for Violation. A. Public Nuisance. Discharge of grease in any manner in violation of this chapter or of any order or permit issued by the Building Director as authorized by this • chapter is hereby declared a public nuisance and shall be corrected or abated as directed by the City Manager or his designated representative. B. Costs of Damage. Any person violating any of the provisions of this chapter or who discharges grease in violation of any conditions of the permit, and the discharge of grease results in blockage or obstruction of City public sewers, damage to public or private property, or any other impairment of the operation of the City's facilities, shall, in addition to any other penalties provided by this chapter, become liable to and shall indemnify the City for all expenses, loss, or damage, including, but not limited to, costs to repair damage or clear blockages and payment for private property damage by reason of such violation or discharge. C. Falsifying of Information. Any person who knowingly makes any false statements, representation, record, report, plan or other document filed with the Building Department or Utilities Division, or who falsifies, tampers with, or knowingly renders inaccurate any grease interceptor or method required under this chapter, shall be guilty of a misdemeanor. D. Suspending Service. When deemed necessary by the City Manager for the preservation of public health or safety, or for the protection of public or private property, sewer service to any person or persons using the wastewater system in a manner or way to endanger the public health or safety, or public or private property, may be suspended. In suspending service, he may sever all pertinent connections to the • public sewer. If such endangerment shall be imminent, then the City Manager, or his authorized representative, may act immediately to suspend sewer service without notice or warning to said person or persons. E. Penalties and Charges. The following penalties shall apply to any violation of any provision of this chapter: 1. For the first violation within the preceding twelve (12) calendar months, the Utilities Manager shall issue a written notice of the fact of such violation; 2. For a second violation within the preceding twelve (12) calendar months, the Utilities Manager shall impose a penalty against the permit holder for the property 42 where the violation occurred or is occurring, in an amount of two hundred dollars ($200.00); 3. For a third violation within the preceding twelve (12) calendar months, the Utilities Manager shall impose a penalty against the permit holder for the property where the violation occurred or is occurring, in an amount of two hundred fifty dollars ($250.00); 4. For a fourth and any subsequent violation within the preceding twelve (12) calendar months, the Utilities Manager shall impose a penalty against the account holder for the property where the violation occurred or is occurring, in an amount not • to exceed that is permitted by law. (Ord. 91 -5 Y41 (part), 1991) 14.30.100 Notice and Hearing Procedures. A. Any person found to be violating any provision of this chapter shall be served by the City with written notice stating the nature of the violation, and providing a reasonable time limit for the correction of the violation. If the violation is not corrected by timely compliance, a written notice shall be served on the person specifying the violation, the reason the action is to be taken and the proposed enforcement action. The Utilities Manager may propose any enforcement action authorized by this chapter reasonably necessary to abate the violation. The City Manager, or his designee, shall order the person to show cause, before an appointed hearing officer, why the enforcement action should not be taken. Based upon the evidence presented at the hearing, the City Manager, or the appointed hearing officer, shall determine the appropriate enforcement action which should be taken, if any. The decision of the hearing officer shall be final. B. Unless otherwise provided herein, any notice required under this chapter shall be in writing and served in person or by registered or certified mail. If served by mail, the notice shall be sent to the last known address. Where the address is unknown, service may be made upon the owner of record of the property involved. C. Notice shall be deemed to have been given at the time of deposit, postage • prepaid, in a facility regularly serviced by the United States Postal Service. (Ord. 91 -5 Y4 1 (part), 1991) • 43 Chapter 14.33 WATER CAPITAL IMPROVEMENT CHARGES Sections: 14.33.010 Policy Statement. 14.33.020 Definitions. • 14.33.030 City Council Action. 14.33.040 Water Capital Improvement Charges. 14.33.050 Time of Payment. 14.33.060 Revision of Water Capital Improvement Charges. 14.33.070 Water System Development Fund. 14.33.080 Terms and Conditions of Reimbursement. 14.33.090 Waiver of Water Capital Improvement Charges. 14.33.100 Special Uses. 14.33.110 Administration and Appeals. 14.33.120 Other Fees Not Waived. 14.33.010 Policy Statement. The City Council hereby makes the following findings: It is anticipated that the City will experience a period of some growth during the next several decades. Part of this growth will occur in those areas of the City which are not relatively undeveloped. In addition, it is likely that new territory will be added to the City by annexation. In order to provide water service to these areas as the need for such service arises, it will be necessary for the City to undertake a long -range capital improvement program entailing a major expansion of its water system. As a matter of policy, the City Council has determined that the costs of the new water system facilities • which will be needed should be financed by the lands which will be benefitted by said facilities. By enacting this chapter, it is not the intention of the City to guarantee the financing or completion of the master plan facilities. The responsibility of the City shall be limited to the disbursement of the funds actually collected pursuant to this chapter for the purpose stated herein. (Ord. 93 -91/4 2 (part), 1993: Ord. 1209 1/4 1 (part), 1967) 14.33.020 Definitions. For the purpose of this chapter, the words hereinafter defined shall have the meanings assigned to them unless it appears from the context that a different meaning is intended. "Water capital improvement charges" shall mean the acreage charges established by Section 14.33.040 of this chapter. "Water system master plan" or "master plan" shall mean the plan adopted by the City Council which shows the projected water system facilities that will be needed to provide water services to the undeveloped areas of the City. "Utilities Manager " or "Manager " shall mean the Utilities Manager of the City. (Ord. 93 -91/4 2 (part), 1993: Ord. 1209 1/4 1 (part), 1967) 14.33.030 City Council Action. By resolution the City Council may: • 1. Adopt a water system master plan showing the projected water system facilities that will be needed to the undeveloped area of the City to provide water service to areas which the City expects to serve with water in the future which cannot adequately be served from existing City water facilities. 2. Adopt maps showing the lands which will be benefitted by the construction of the water system facilities shown on the water system master plan and which will be subject to payment of the water capital improvement charges as provided in Section 14.33.040 hereof. M 3. Adopt supplemental rules and regulations to carry out the purposes of this chapter. (Ord. 12091/41 (part), 1967) 14.33.040 Water Capital Improvement Charges. A water capital improvement charge in the amount of two thousand nine hundred fifty dollars ($2,950.00) per gross acre is hereby established which shall be applicable to all benefitted lands, as shown upon the maps adopted by the City Council pursuant to Section 14.33.030 of this chapter. For fractional portions of an acre the charge shall be calculated in direct proportion to the actual area of the parcel of land. • The fees shall be computed on the basis of gross acreage of the property, or portions thereof, to be served or benefitted, including abutting streets, rights of way and easements, both public and private. (Ord. 93 -91/4 2 (part), 1993: Ord. 14191/41,1972: Ord. 12091/41 (part), 1967) 14.33.050 Time of Payment. The water capital improvement charge for any lot, parcel or tract of land which is subject to said charge shall be paid at the time arrangements are made to connect such land to the City water system or at such time as application is made for a building permit to construct buildings on said land, whichever event first occurs, and the payment of said charge shall be a condition precedent of the approval of such connection or issuance of a building permit. In no event shall water capital improvement charges be assessed against any lot, parcel or tract of land for which said charges were previously paid. Any lot, parcel, or tract of land that is subject to said charge and that is served by the City water system as of the effective date of this chapter, and on which additional buildings are to be constructed, shall be subject to said charge for the land occupied by such buildings, and their appurtenant uses. (Ord. 93 -91/4 2 (part), 1993: Ord. 1209 1/4 1 (part), 1967) 14.33.060 Revision of Water Capital Improvement Charges. • The City Council reserves the right to periodically review the established water capital improvement charges in the light of changing conditions and to amend this chapter to make such adjustments in the charges as it deems appropriate. (Ord. 12091/4 1 (part), 1967) 14.33.070 Water System Development Fund. A special fund designated as the water system development fund is hereby established. All water capital improvement charges collected pursuant to the provisions of this chapter shall be deposited in said fund. The moneys deposited shall be used by the City to pay for design and construction of master plan facilities constructed by the City, and to make reimbursement to persons who have constructed such facilities and transferred them to the City. Ten percent of all such charges collected by the City pursuant to this chapter shall be retained by the City to defray the costs of administration, including plan checking and construction inspection. (Ord. 93 -91/4 2 (part), 1993: Ord. 12091/41 (part), 1967) 14.33.080 Terms and Conditions of Reimbursement. The City Council shall by resolution establish the terms and conditions upon which the City will make reimbursement from the water system development fund to eligible persons. Such reimbursement shall only be made pursuant to written contracts • approved by the City Council and such contracts shall be entered into on a uniform and nondiscriminatory basis with such eligible persons. (Ord. 12091/41 (part), 1967) 14.33.090 Waiver of Water Capital Improvement Charges. The City Council may in its discretion waive all or part of the water capital improvement charges which would otherwise be payable by an applicant for water service if it determines that the applicant has constructed and transferred to the City water system facilities equivalent in value to the amount of the charges being waived. (Ord. 12091/41 (part), 1967) 45 14.33.100 Special Uses. In the case of areas devoted to special uses for example cemeteries, golf courses, and public parks, the City Council may in its discretion authorize the applicant to pay the water capital improvement charges in installments. (Ord. 1209 1/4 1 (part), 1967) 14.33.110 Administration and Appeals. The Utilities Manager shall be charged with the duty of administering the procedures set forth in this chapter and any rules and regulations adopted pursuant to ® its authority. Any person who is dissatisfied with a decision of the Utilities Manager may appeal such decision to the City Manager by filing a written statement of appeal with the City Clerk within fifteen (15) days after he has received notice of the decision. The City Manager shall fix a date for hearing the appeal and shall give notice thereof to the party appealing. The decisions of the City Manager on such appeals shall be final and conclusive. (Ord. 93 -91/4 2 (part), 1993: Ord. 1209 1/4 1 (part), 1967) • 14.33.120 Other Fees Not Waived. Any fees or charges established pursuant to this chapter shall be in addition to any permit, fee or charge required under any other chapter of this Code. (Ord. 12091/41 (part), 1967) M • • • Chapter 14.34 WATER WELL STANDARDS Sections: 14.34.010 Intent and Purpose. 14.34.020 Definitions. 14.34.030 Well Standards Advisory Board. 14.34.040 Acts Prohibited, Permit Required. 14.34.050 Permits. 14.34.060 Completion of Work. 14.34.070 Notice -- Cancellation or Denial of Permit. 14.34.080 Notice -- Public Nuisance. 14.34.090 Immediate Abatement. 14.34.100 Board Hearing. 14.34.110 Abatement Costs a Special Assessment. 14.34.120 Standards. 14.34.130 Penalty. 14.34.010 Intent and Purpose. A. It is the purpose of this chapter to control the construction and reconstruction of water wells to the end that the ground water of this City will not be impaired in quality and that water obtained from such wells will be suitable for the purpose for which used and will not jeopardize the health, safety and welfare of the people of this City; and to provide for the destruction of abandoned wells or wells found to be public nuisances, to the end that such wells will not impair the quality of ground water or otherwise jeopardize the health, safety or welfare of the people of this City. B. The City of Newport Beach recognizes the need to adopt standard procedures for the drilling and abandonment of water wells. All persons or companies drilling wells or abandoning wells within the City limits of Newport Beach shall secure a permit from the Health Officer of the County of Orange. The County of Orange shall collect the necessary fees, provide administration and inspection for construction or abandonment; the County of Orange shall furnish a copy to the City of all permits issued. (Ord. 15871/41 (part), 1974) 14.34.020 Definitions. As used in this chapter, the following words shall have the meaning provided in this section: A. Abandoned and Abandonment. The terms "abandoned" and "abandonment" shall apply to a well which has not been used for a period of one year, unless the owner declares in writing, to the Well Standards Advisory Board, his intention to use the well again for supplying water or other associated purpose (such as an observation well or injection well) and receives approval of such declaration from the Board. All such declarations shall be renewed annually and at such time be resubmitted to the Board for approval. Test holes and exploratory holes shall be considered abandoned twenty-four hours after construction work has been completed, unless otherwise approved by the Health Officer. B. Agricultural Well. A water well used to supply water for irrigation or other agricultural purposes, including so- called stock wells. C. Cathodic Protection Well. Any artificial excavation in excess of fifty (50) feet constructed by any method for the purpose of installing equipment or facilities for the protection, electrically, of metallic equipment in contact with the ground, commonly referred to as a cathodic protection well or deep anode. D. Community Water Supply Well. A water well used to supply water for domestic purposes in systems subject to Chapter 7 of Part I of Division 5 of the California Health and Safety Code. 47 E. Construct, Reconstruct (Construction, Reconstruction). To dig, drive, bore, drill or deepen a well, or to reperforate, remove, replace, or extend a well casing. F. Destruction. The proper filling and sealing of a well that is no longer useful so as to assure that the ground water is protected and to eliminate a potential physical hazard. G. Electrical Grounding Well. Any artificial excavation in excess of fifty (50) feet constructed by any method for the purpose of establishing an electrical ground. H. Health Officer. The Orange County Health Officer or his designee, acting as the City Health Officer. • I. Individual Domestic Well. A water well used to supply water for domestic needs of an individual residence or commercial establishment. J. Industrial Well. A water well used to supply an industry on an individual basis. K. Observation Well. A well used for monitoring or sampling the conditions of a water - bearing aquifer, such as water pressure, depth, movement or quality. L. Permit. A written permit issued by the Health Officer permitting the construction, reconstruction, destruction, or abandonment of a well. M. Person. Any person, firm, corporation or governmental agency. N. Public Nuisance. The term "public nuisance," when applied to a well, shall mean any well which threatens to impair the quality of ground water or otherwise jeopardize the health or safety of the public. O. Salt Water (Hydraulic) Barrier Well. A well used for extracting water from or injecting water into the underground as a means of preventing the intrusion of salt water into a fresh water bearing aquifer. P. Test or Exploratory Hole. An excavation used for determining the nature of underground geological or hydrological conditions, whether by seismic investigation, direct observation or any other means. Q. Well. Any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground, for providing cathodic protection or electrical grounding of equipment, for making tests or • observations of underground conditions, or for any other similar purpose. Wells shall include, but shall not be limited to, community water supply wells, individual domestic wells, industrial wells, agricultural wells, cathodic protection wells, electrical grounding wells, test and exploratory holes, observation wells and salt water (hydraulic) barrier wells, as defined herein, and other wells whose regulation is necessary to fulfill the purpose of this article as determined by the Well Standards Advisory Board. Wells shall not include: (1) oil and gas wells, geothermal wells or other wells constructed under the jurisdiction of the State Department of Conservation, except those wells converted to use as water wells; (2) wells used for the purpose of dewatering excavations during construction, or stabilizing hillsides or earth embankments; or (3) other wells whose regulation is not necessary to fulfill the purpose of this chapter as determined by the Well Standards Advisory Board. (Ord. 15871/41 (part), 1974) 14.34.030 Well Standards Advisory Board. The Well Standards Advisory Board as established by the County of Orange, shall have jurisdiction for the enforcement of this chapter, including, but not necessarily limited to, the issuing of permits, inspections, the issuing of notice, the providing for public hearings before the Board, the findings if public nuisances exist relating to water wells within the City, the provisions for abatement and abatement costs, and the • establishment of standards for the construction, reconstruction and destruction or abandonment of wells and the imposition of penalties for the violation of this chapter. (Ord. 15871/41 (part), 1974) 14.34.040 Acts Prohibited, Permit Required. No person shall, within the incorporated area of the City of Newport Beach, construct or reconstruct any well unless such construction or reconstruction is carried out pursuant to and in conformance with a written permit issued for that purpose by the Health Officer as provided in this chapter. M Nor shall any such person abandon a well unless it has been destroyed pursuant to and in conformance with a written permit issued by the Health Officer. Nor shall any such person violate the terms of any order issued by the Well Standards Advisory Board or the Health Officer, issued pursuant to this chapter. (Ord. 15871/41 (part), 1974) 14.34.050 Permits. Applications for permits shall be made to the Health Officer containing such information as he shall require. • Each application shall be accompanied by a fee which shall be established by the Board of Supervisors on the basis of the cost incurred in enforcing the provisions of this chapter. Fifty (50) percent of the fee shall be returned to the applicant if either the permit is denied or the permit is canceled within sixty (60) days after issuance and no work has been performed. A permit shall remain in effect for one year from date of its issuance. Permits may be issued subject to any condition or requirement found by the Health Officer to be necessary to accomplish the purposes of this chapter. A permit may be canceled or the conditions amended by the Health Officer if he determines that to proceed with the work result in a public nuisance or that the permit holder has violated the terms of the permit or this chapter. (Ord. 15871/41 (part), 1974) 14.34.060 Completion of Work. The permittee shall notify the Health Officer in writing upon completion of the work and no work shall be deemed to have been completed until such written notification has been received. A final inspection of the work shall be made by the Health Officer, and no permittee shall be deemed to have complied with this chapter or his permit until such inspection has been performed. (Ord. 15871/41 (part), 1974) 14.34.070 Notice -- Cancellation or Denial of Permit. • In the event a permit is denied or canceled, the applicant or permit holder shall be given written notice by the Health Officer, which notice shall specify the reasons for his action and shall notify the applicant or permit holder of his right to request a hearing before the Well Standards Advisory Board within ten days. (Ord. 15871/41 (part), 1974) 14.34.080 Notice -- Public Nuisance. In the event the Health Officer determines that a well constitutes a public nuisance, he shall mail a written notice to the landowner and the permit holder, if other than the landowner. A copy of the notice shall be posted on the affected property. The notice shall state the specific facts giving rise to such nuisance; the corrective measures deemed necessary; and time, date, and place at which a hearing shall be held by the Well Standards Advisory Board relating thereto, which date shall be not less than ten or more than thirty (30) days after the date such notice is mailed. The notice shall state that in the event the Board determines that a public nuisance exists, a special assessment shall be imposed upon the land for any costs of abatement. (Ord. 15871/41 (part), 1974) 14.34.090 Immediate Abatement. If the Health Officer finds that immediate action is necessary to prevent impairment of the ground water or a threat to the health or safety of the public, he may • abate the nuisance without giving notice. Within twenty -four (24) hours after initiating such abatement, the Health Officer shall give notice of a hearing before the Well Standards Advisory Board in the manner prescribed in Section 14.34.080. (Ord. 15871/4 1 (part), 1974) 14.34.100 Board Hearing. At the time fixed for the hearing, the Well Standards Advisory Board shall hear and consider all relevant testimony and evidence offered by the landowner, and by any other interested person. In the event the Board finds that a public nuisance exists, it me shall direct the Health Officer to take any necessary action to protect the ground water or the health and safety of the public, unless the situation is corrected by the landowner on or before a date to be specified by the Board. The costs of such corrective work by the Health Officer shall become a special assessment upon the land pursuant to Section 14.34.110. If the Board finds that a permit was improperly denied or canceled, it shall order the Health Officer to issue or reinstate such permit. (Ord. 15871/41 (part), 1974) 14.34.110 Abatement Costs a Special Assessment. • Upon a finding by the Well Standards Advisory Board that a well constitutes a public nuisance, all cost of abatement carried out under the terms of this section shall constitute a charge and special assessment upon the parcel of land involved. If such costs are not paid within sixty (60) days, they shall then be declared a special assessment against that parcel as provided in Government Code Section 25845. Such special assessment shall be collected at the same time and in the same manner as ordinary County taxes are collected, and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary County taxes. The County shall retain the additional and independent right to recover its costs by way of civil action against the owner and person in possession or control, jointly or severally. (Ord. 15871/41 (part), 1974) 14.34.120 Standards. Standards for the construction, reconstruction, destruction or abandonment of wells shall be the standards recommended in the State Department of Water Resources Bulletin No. 74, Chapter II and Appendices E, F and G, and future amendments thereto. Until such time as standards for cathodic protection wells and electrical grounding wells are recommended by the Department of Water Resources, such wells shall conform to the "Tentative Deep Anode Standards," Sheets A497 -S -1 and A497 -5- 2, revised December 10, 1969, of the Southern California Cathodic Protection • Committee. Well Standards may be modified by the Health Officer, with the advice and concurrence of the Well Standards Advisory Board, where required to cope with local geological and ground water conditions. (Ord. 15871/41 (part), 1974) 14.34.130 Penalty. Any person who violates the terms of this chapter or any permit issued hereunder shall be guilty of a misdemeanor, punishable pursuant to the provisions of Section 1.04.010 of this Code. (Ord. 15871/41 (part), 1974) SECTION 2: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 28th day of May, 1996, and adopted on the 10th day of June,1996, by the following vote, to -wit: AYES, COUNCIL MEMBERS HEDGES, DHBAY, GLOVER, EDWARDS, WATT, O'NEIL, COX • NOES, COUNCIL MEMBERS NONE ABSENT, COUNCIL MEMBERS NONE 50 ATTEST • • MAYOR �LJ 51