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HomeMy WebLinkAboutordinance.council.018-02 ORDINANCE NO. 18 (Series of 2002) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 25128 OF THE CITY OF ASPEN ~CIPAL CODE, WATER SHORTAGES AND DECLARING THAT AN EMERGENCY EXISTS WHEREAS, the City's Water Department Director has recormuended to the City Council that the "Water Shortages" Chapter of the Municipal Code be amended by including voluntary measures to conserve water during periods of water shortages and temporary monthly water rates during periods of water shortages; and WHEREAS, after due deliberation and consideration of the proposed amendments to Chapter 25.28 of the Municipal Code the City Council has determined the amendments to be necessary for the preservation of the public, health, safety, and welfare of the public. NOWi THEREFORE, BE IT ORDAIN-ED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That Chapter 25.28 of the Aspen Municipal Code shall be and hereby is amended to read as follows: WATER SHORTAGES Sections: 25.28.010 Applicability. 25.28.020 Stages. 25.28.30 Violations and sanctions. 25.28.40 Monthly rates during water shortages. 25.28.010 Applicability. This chapter shall become effective upon a finding by the city council that the city is facing a shortage in its supply of water. Such a finding shall be made by resolution. To the extent reasonable, findings of applicability of the stages set forth in this chapter shall be coordinated with similar findings by other water users in the same drainage basin, and findings by the state engineer and the water conservation board shall be conSidered to be of a persuasive nature. The provisions of this chapter shall apply to the use of the treated water supply of the City of Aspen, and to raw water license agreements issued by the City of Aspen to the extent those agreements provide for curtailment of water use or suspension of water delivery during water shortages or emergencies. Upon such finding, the three-stage plan set forth in this chapter shall be implemented. The duration of each stage shall be decided by the city council according to the exigencies of the particular situation in question. 25.28.020 Stages. (a) Stage One. The objective of water use restrictions during this stage is a 10% reduction in water use. Voluntary conservation is encouraged during this condition. DUring the period designated Stage One: (1) There shall be lawn watering only to the extent determined permissible by the city council according to the demands of the particular period in question. If no other specific schedule is adopted by city council, an odd-even schedule shall be in effect on a voluntary basis. (2) Public education materials shall be provided to encourage efficient use of the available water supply. (3) Public facilities will be directed to implement water use restrictions by administrative order, including: limiting irrigation of public parks and golf courses to an extent greater than the target reduction in overall water use; reduce street washing to minimum level necessary to comply with air quality standards, and fire hydrant flushing and testing will be suspended except when required for completion and acceptance of a newly constructed water system. (4) Increases in water rates for "extraordinary water use" (Sections 25.16.010(a)(3) and 25.08.080(a)(5)) shall be imposed at water use levels appropriate for the condition by vote of city council. (b) Stage Two. Prior to the expiration of Stage One, a period known as stage Two shall be designated by the city council, if the council deems the entry of such stage necessary. The council may continue Stage One or terminate the water shortage period at its discretion. The objective of water conservation measures during this stage is to achieve up to a 30% reduction in water consumption. Upon commencement of Stage Two, the city council, by resolution, shall adopt one or more of the following additional measures which may be altered by resolution of the city council during a Stage Two condition: (1) There shall be no washing of sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas. (2) There shall be no refilling of swimming pools with water furnished by the city. (3) There shall be no non-commercial washing of privately owned cars, other motor vehicles, trailers, or boats, except from a bucket and except that a hose equipped with a positive shut-offnozzle may be used for a quick rinse. (4) No new public or private landscaping installations shall be allowed. (5) No new water connections shall be authorized, however, existing authorizations shall be honored; provided, however, that this section shall not apply to users on a well whose well has run dry. (6) Watering of golf courses shall be restricted to the watering of tee boxes and greens, and such watering shall be permitted only at the tirnes set forth by the city council. (7) Water shall not be used for dust control, except pursuant to authorization from the City of Aspen or Pitkin County Environmental Health Department and only to the extent necessary to comply air quality standards. (8) Except for fighting fire, there shall be no use of water from a fire or specially designated loading hydrant for human consumption, or for use in connection with animals, street washing or construction water supply. Hydrant draft permits for any of the above uses shall be suspended for the duration of the Stage Two or Three designation. (9) Watering of any lawn, garden, landscaped area, tree, shrub or other plant shall be prohibited from 10:00 a.m. to 5:00 p.m., except from a hand-held hose or container, or drip irrigation system. These limitations are in addition to any applicable limits from Stage One (e.g. odd-even watering schedule). The allowable time limits for irrigation (both day of week and time of day) may be modified by city conncil in accordance with the need for water conservation. (10) There shall be no use by a car washing or bus washing facility in excess of seventy (70) percent of the amount used by it during the corresponding billing period in the preceding year. If the facility was not operating during the preceding year, an assumed amount shall be computed from its records and from the rate of use of comparable facilities; provided, however, that this subsection shall not apply to any facility that recycles water in a manner satisfactory to the city manager. (11) There shall be no nonresidential use in excess of seventy (70) percent of the amount used by the customer during the corresponding billing period in the preceding year. If connection to the city system was not in existence during the preceding year, an assumed amount shall be computed based on the rate of comparable facilities. Said pementage may be increased by the city manager for any connection, use, or customer if the city manager determines that such increase is necessary to protect the public health, safety and welfare, or to spread equitably among water users of the city the burdens imposed by the water shortage and the resulting lack of water in the city's supply; provided, however, that this provision regarding equitably spreading such burden shall in no way serve to injure, weaken or deprive the legal demands of an adjudicated water right under state statutes. (12) Flat rate water customers shall be required to meter water usage within 30 days notice un/ess it is infeasible to install a meter at a construction site. (c) Stage Three. Prior to the completion of Stage Two, the city council shall determine by majority vote whether to: (1) terminate the water shortage period; (2) revert to Stage One; (3) extend the time for Stage Two; (4) alter the use restrictions; or (5) enter Stage Three. If entered, Stage Three shall last until the city council determines by resolution that the water shortage no longer existS. The city council shall have the power to revert back to Stage One or Stage Two in its discretion, or alter the use conditions should circumstances during Stage Three change and suggest such a course of action. The objective of restrictions in effect during Stage Three is to obtain a 50% reduction in water consumption. In addition to restrictions pertaining to Stage Two, the city council may adopt one or more of the following use limitations to go into effect upon entering Stage Three: (1) Watering of any lawn, garden, landscaped area, tree, shrub, or other plant material shall be prohibited except fr°m a hand-held hose or container, or drip irrigation system. (2) Use in any dwelling or separate residential unit in excess of fifty (50) gallons per day (or some other quantity decided by the city council) for each resident thereof shall not be permitted. Each residence supplied with water by the city shall certify to the city water department in writing, under oath and penalty of perjury, the number of residents of each dwelling or separate residential unit billed to the customer: (3) There shall be no nonresidential use in excess of fifty (50) percent of the amount used by the customer during the corresponding billing period of the previous year. If connection to the city system was not in existence or use during the preceding year, an assumed amount shall be computed based uPon the city's records for comparable facilities. Said percentage may be increased by the city manager for any connection, use or customer if the city manager determines that such increase is necessary to protect the public health, safetY and welfare, or to spread equitably among the water users of the city the burdens imposed by the water shortage and the resulting diminution of the City's supply. 25.28.030 Violations and sanctions. (a) If and when the city council, water department or police department become aware of any violation of any provision for Stages Two or Three of this chapter, a written notice shall be placed on the property where the violation occurred and mailed to the person who is regularly billed for the service where the violation Occurs and to any other person known to the city who is responsible for the violation or its correction. Said notice shall describe the violation and order that it be corrected, cured or abated immediately or within such specified time as the city manager determines is reasonable under the circumstances. If said order is not complied with, the water department may disconnect the service where the violation occurs. This provision also applies to any water waste pursuant to the definition provided in Section 25.20.020 regardless of whether a Stage One, Two, or Three drought condition has been declared by City Council. (a) A fee of one hundred dollars ($100.00) shall be paid for the recounection of any service disconnected pursuant to subsection (a) during Stage Two. (a) A fee of two hundred dollars ($200.00) shall be paid for the reconnection of any service disconnected pursuant to subsection (a) during Stage Three. Furthermore, no service disconnected pursuant to subsection (a) during Stage Three shall be reconnected unless a device furnished by the water department which shall restrict the flow of water to said service is ihstalled. 25.28.040 Monthly rates for water shortages. Unless an alternative system of charges is adopted by city council, the following temporary rates will be in effect during the time that city council declares a water shortage. (a) A variable charge of $1.1682 per thousand gallons will be charged for usage between zero and 7,500 gallons per ECU. (b) A variable charge of $1.7522 per thousand gallons will be charged for usage between 7,501 and 15,000 gallons per ECU. (c) A variable charge of $2.3364 per thousand gallons will be charged for usage between 15,001 gallons and above per ECU. A public heating on the ordinance shall be held on the 24th day June, 2002, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 10~ June, 2002. e alin ATTEST: Kathryn S. 4, ih[ City Clerk ~ FINALLY adopted, passed and approved this 24th day of June 2002. _ /~_~~~ H'~e~ K~n ~dan~eru~, ~ayor ATTEST: ~tYC~l~k~ JPW-O6/25/O2-G:\john\word\ords\water~shortage-25-28.doc