Chapter
33
WATER
Art. I. In General, §§ 33-1—33-15
Art. II. Domestic Water Service, §§ 33-16—33-70
Div.
1. Generally, §§ 33-16—33-35
Div.
2. Meters and Service Connections, §§ 33-36—33-55
Div.
3. Rates and Charges, §§ 33-56—33-70
Art. III. Water for Irrigation, §§ 33-71—33-90
Art. IV. Water Development Fees, §§ 33-91—33-99
Art. V. Cross-Connection Control, §§
33-100—33-119
Art. VI. Water Wasting, §§ 33-120—33-139
Div.
1. General, §§ 33-120—33-123
Div.
2. Appeals and Exceptions, § 33-124
Div.
3. Enforcement, §§ 33-125—33-129
Div.
4. Notice, §§ 33-130—33-131
Div.
5. Hearing, §§ 33-132—33-133
Art. VII. Water Conservation, §§ 33-140—33-142
ARTICLE
I. IN GENERAL
Secs. 33-1—33-15. Reserved.
ARTICLE
II. DOMESTIC WATER SERVICE[1]
DIVISION
1. GENERALLY
Sec. 33-16. Definitions.
For the purposes of this article, the
following words and phrases shall have the meanings respectively ascribed to
them by this section; unless the context clearly indicates a different meaning:
Domestic
water means water
supplied through the pipes of the city's water system.
Unit
of service means each
separate occupancy, house, store or building so situated upon any lot within
the city that the same might be or is now served by the city's water system, or
in the opinion of the financial services manager could be served separately
from any other occupancy, residence, house, store or building upon the same
lot, irrespective of the number of residences, houses, stores or buildings upon
such lot, even though two (2) or more of such occupancies, residences, houses,
stores or buildings are held or owned by the same person.
(Code 1967, § 35-1; Ord. No. 2001.17, 7-26-01)
Sec. 33-17. Applicability; conditions for service.
(a) Domestic
water may be supplied by the city to consumers upon the terms and conditions
prescribed in this article, and not otherwise.
(b) The
determination of the financial services manager as to whether any house,
occupancy, residence, store or building comes within the meaning of this
article so as to require a separate service connection, meter box and turn-off
valve shall be final; provided, that the owner or occupant of such premises
shall have the right to appeal from such decision to the city council at its
next regular meeting. In the event of any such appeal, the determination of the
city council shall be final.
(Code
1967, § 35-2; Ord. No. 2001.17, 7-26-01)
Sec. 33-18. Applications for service; deposits.
(a) Before
the city turns on water to any premises or property, the owner, occupant,
renter or lessee shall make formal application for water service with the
office of the financial services manager.
Every person applying for city water service shall pay to the financial
services manager the sum of five dollars ($5) toward the cost of initiating
such service and shall comply with all provisions of this section. If any water
consumer fails or neglects to make such application, an additional charge of
five dollars ($5) shall be assessed.
(b) All
consumers, other than property owners, before domestic water shall be furnished
them, shall place a deposit with the financial services manager sufficient to
ensure the payment of water billed to them and to protect the city against loss
occasioned by nonpayment of water bills. Such deposit shall be a minimum of
thirty dollars ($30) for a single unit of residential service and twice the
average monthly charges against the premises for the past six (6) months or one
hundred fifty dollars ($150) for a single unit of commercial service. The total
amount of the deposit shall be determined by the financial services manager,
taking into consideration the nature of the premises to be served, the expected
consumption of water, the past payment record, if any, of the consumer and such
other information as is necessary to provide an adequate deposit. Such deposit
in no event shall exceed an amount equal to the estimate of the average charges
against the premises for a period of three (3) consecutive months, or the
applicable minimum, whichever is greater.
(c) Property
owners, upon submitting satisfactory proof of ownership and upon completing and
signing an approved application for water service, will not be required to
place a deposit at time of application for water service. However, upon default
of payment by the property owner for water consumed or other city services
received, the financial services manager may require the placement of a
deposit, the amount of such deposit above for consumers other than property
owners, before continuation or resumption of city services to the premises
against which a default or delinquency of city services to the premises exists
or to any other premises or property owned by such property owner.
(d) If
the consumer has faithfully made payment to the city for water consumed,
refuse, garbage and sewer services, the deposit shall be returned to him at the
expiration of thirteen (13) calendar months of such faithful performance.
Deposits unclaimed after twenty-four (24) months from initial deposit shall
escheat and revert to the city.
(Code
1967, § 35-3; Ord. No. 624.10A, 2-23-84; Ord. No. 624.11, § I, 1-10-85; Ord.
No. 2001.17, 7-26-01)
Sec. 33-19. Turn-off valves.
All water supply pipes to buildings
shall be properly supplied by the consumer with a suitable turn-off valve,
inside the property line, to ensure against the danger of frost or bursts which
may result in property damage. Such
turn-off valve shall be kept in good order and shall be under the control of
the consumer, whereas the turn-off valve and box on the curb shall be in charge
of the city. If domestic water service
is turned off by the city for any reason and the service so turned off does not
have a turn-off valve installed as required above on the property owner's
premises for the turning off of such domestic water, such person shall, prior
to the city again turning on such service, install in accordance with the
provisions above a proper turn-off valve on such premises.
(Code
1967, § 35-4)
Sec. 33-20. Branches, extensions, etc.
Whenever a water service enters upon
any private property by a route other than within an easement held by the city,
and the branches and extensions pass through the bounds of such property for
the purpose of furnishing a supply of water to any adjoining private property,
the property upon which service first enters shall be charged for the water
furnished by any branches, extensions, etc., of the service. If a meter is installed upon such service,
the rate for water shall be assessed to the property first named unless such
adjoining property owners make written application to the city to install a
meter within their property line on the branches, extensions, etc., and give
the city written rights of ingress and egress over their property for the
purpose of maintaining, repairing and reading such meter, and unless such
adjoining property owners have in all respects complied with the provisions of
this article. (Code 1967, § 35-5)
Sec. 33-21. Discontinuance of service.
(a) Any
person wishing to discontinue the use of domestic water shall give notice
thereof at the office of the financial services manager. When the water is ordered turned off from any
premises, all service charges and commodity charges for water supplied to such
premises shall be immediately due and payable to the city and the water will
not be turned on again until all such charges are paid.
(b) Until
such notice and payments shall have been made, such premises shall be deemed
occupied by such consumer and his liability continued.
(c) If
such consumer shall have made a deposit with the city, the balance, if any, of
such deposit shall be returned to the consumer, after deducting the amount of
such bills.
(d) A
consumer's water service may be discontinued for nonpayment of a bill for
services rendered by the city at a previous location, provided such bill is not
paid within twenty (20) days after the unpaid bill has been presented to the
consumer at his new location.
(e) When
the consumer has been notified of the amount of billing remaining due after
deduction of his deposit, the financial services manager may assign the account
to a collection agency.
(f) Every
person who shall request of the city that their domestic water be turned off
for making repairs, etc., to their system shall pay to the financial services
manager the sum of fifteen dollars ($15) for such service.
(Code
1967, § 35-6; Ord. No. 624.11, § I, 1-10-85; Ord. No. 2001.17, 7-26-01)
Sec. 33-22. City not liable for damages.
The
city shall not be held liable for any damage that may result from the shutting
off or turning on of any water supply pipe or main for any purpose whatever,
even should no notice have been given, nor for damages caused by any break or
leak in any water pipe inside the curb. (Code 1967, § 35-7)
Secs. 33-23—33-35. Reserved.
DIVISION
2. METERS AND SERVICE CONNECTIONS
Sec. 33-36. Generally.
The city water mains may be tapped by
either city forces or a contractor licensed with the state to perform such
work. All bronze service clamps and tapping couplings will be required for
tapped connections to asbestos cement pipe.
(Code
1967, § 35-8)
Sec. 33-37. Fees.
Charges for tapping water mains,
installing water connections, water meters and water meter boxes shall be
established by council resolution (see Appendix A).
(Code
1967, § 35-9; Ord. No. 624.11, § I, 1-10-85; Ord. No. 86.31, § 1, 6-19-86; Ord.
No. 92.09, 6-18-92)
Sec. 33-38. Maintenance of meters and connection; right
of entry for inspection.
(a) Except
as provided in this chapter, the water consumer shall maintain all water lines
and connections within this property.
(b) All
meters, except in cases where they are wilfully injured by the consumer, shall
be maintained and repaired by the city at its expense.
(c) In
case any authorized city employee is refused admittance to any premises or
being admitted, shall be hindered or prevented from inspecting the water system
upon such premises, the financial services manager may cause the water to be
turned off from such premises after giving twenty-four (24) hours' notice to
the owner or occupant of such premises of his intention to do so.
(Code
1967, § 35-10; Ord. No. 2001.17, 7-26-01)
Sec. 33-39. Accessibility of water meter.
Water meter boxes shall be installed
such that the access cover is exposed and not lower than the finished grade.
The development services department shall deny final approval and certificate
of occupancy of any building until the requirements of this section are
complied with.
(Code
1967, § 35-10.1; Ord. No. 97.20, 4-10-97)
Sec. 33-40. Changes or alterations.
Any
person receiving domestic water from the city desiring to make any changes or
alterations in the existing water connection shall be required to furnish the
financial services manager a statement of the changes or alterations to be
made, and receive the financial services manager's written permission before
any such changes or alterations are made.
(Code
1967, § 35-11; Ord. No. 2001.17, 7-26-01)
Sec. 33-41. Multiple services through single meter.
(a) The
city may furnish a meter for each unit of service that has a separate tap in
the city main, and the city may at its option elect to allow more than one unit
of service to be served by a single meter. This permission may be given in any
one of the following cases:
(1) Extreme cases which the city has allowed to previously exist;
(2) Apartment houses;
(3) Hotels;
(4) Motels;
(5) Mobile home and trailer developments;
(6) Multiple family dwellings;
(7) Townhouses, condominiums and buildings or
dwelling groups containing individual units of individual ownership.
(b) Permission
allowing the single-meter service pursuant to subsection (a) shall be
contingent upon the following conditions being met:
(1) The person having actual supervision over
the units affected shall guarantee to pay for all water used through the meter.
(2) Cash or a certificate of deposit shall be
placed in a federally insured financial institution of the consumer's choice in
an amount equal to the estimate of twice the average monthly charges against
the units or premises for the past six (6) months or fifteen dollars ($15) per
unit, whichever is greater. The cash or certificate of deposit shall be
deposited with and be negotiable by the financial services manager in the event
of default on any payment to the city.
If the consumer has faithfully made payment to the city for water
consumed, refuse, garbage and sewer service, the cash or certificate of deposit
shall be returned to the consumer at the expiration of thirteen (13) calendar
months of such faithful performance; except, that the city shall have an option
to require the cash or certificate of deposit to remain with the financial
services manager for an additional twelve (12) months. In the event payments for
water consumed, refuse, garbage and sewer service shall be thirty (30) days
delinquent, the financial services manager may deduct from the cash deposit or
negotiate such certificate of deposit and use the proceeds for such delinquent
accounts, returning the balance to the consumer less reasonable charge for
discontinuance or resumption of water service.
(3) If the units comprising the premises served
by the single meter have multiple ownership, the covenants, conditions and
restrictions on the respective units of property deeds shall clearly state that
the individual lots or units are jointly and severally liable for any and all
delinquent water consumed, refuse, garbage and sewer services received from the
city.
(4) Upon default of payment by the consumer for
water consumed, or other city services received, the financial services manager
may require the placement of a cash or a certificate of deposit, the amount of
such cash or certificate of deposit to be the average charges against the units
or premises for a period of six (6) consecutive months, or thirty dollars ($30)
per unit, whichever is greater, before resumption of city services to the
premises against which a default or delinquency of city services to the
premises exist or to any other premises or property owned by such property
owner. If the consumer thereafter makes faithful payment to the city for water
consumed, refuse, garbage and sewer service, the cash or certificate of deposit
shall be returned to the consumer at the expiration of twelve (12) calendar
months of such faithful performance; except, that the city shall have the
option to require the cash or certification of deposit to remain with the
financial services manager for an additional twelve (12) months. In the event
payments for water consumed, refuse, garbage and sewer service shall be thirty
(30) days delinquent, the financial services manager may deduct from the cash
deposit or negotiate such certificate of deposit and use the proceeds for such
delinquent accounts, returning the balance to the consumer less reasonable
charges for discontinuance or resumption of water service.
(Code
1967, § 35-12; Ord. No. 624.11, § I, 1-10-85; Ord. No. 2001.17, 7-26-01)
Sec. 33-42. Testing of meters.
It shall be the privilege of each water
consumer of the city to insist upon a meter test. After the meter has been
field tested by the city and if such meter is found incorrect, it shall be
immediately replaced by the city. If the field test indicates that the meter is
registering correctly, the water consumer may insist that the meter be removed
and subjected to a shop test. If the shop test indicates that the meter is
registering correctly, a charge of twenty-five dollars ($25) will be levied
against the consumer requesting such test.
(Code
1967, § 35-13; Ord. No. 624.11, § I, 1-10-85)
Sec. 33-43. Defective meters.
When
a meter in service less than thirteen (13) months is proven defective, the
charge for any month affected shall be equal to an average based upon the
charges for the three (3) preceding months or length of service, whichever is
lesser. In instances where water service has been supplied for a period in
excess of thirteen (13) months, the charge for any month affected shall be
equal to an average based upon the charges for that month in the previous year
together with one month next preceding and next following the previous year
month in question.
(Code
1967, § 35-14)
Sec.
33-44. Tampering with, injuring
meters; unlawful possession of equipment or reinstatement of service.
(a) It
shall be unlawful for any unauthorized person to knowingly have and keep in his
possession or under his control any turn-off valve key or hydrant wrench to the
city water supply system and no person shall, without authority from the
financial services manager or the water utilities manager, make, construct,
buy, sell or in any way dispose of to any person any turn-off valve key or
hydrant wrench for use on the city water supply system.
(b) It
shall be unlawful to remove unmetered water from city mains without express
approval of the financial services manager or his designee.
(c) Water
meters shall be sealed by the proper city officials in such a manner as to
prevent all tampering with or injury to the mechanism thereof, without breaking
the seal, and no person shall break or remove a seal, or wilfully injure or
destroy a meter.
(d) No
person shall destroy, obstruct or injure any meter box; or remove such box
except for the purpose of inspecting meter readings; or destroy the lid or
cover belonging thereto; or place refuse or debris therein.
(e) No
person, whose water service has been discontinued and rendered inoperable by
the city placing a seal on the turn-off valve of the water meter shall break or
remove such seal in an effort to reinstate water service. Any person who breaks
or removes such seal, in addition to other penalties provided by laws, shall
pay an additional seventy-five dollars ($75) administrative charge prior to the
city reinstating such water service.
(Code
1967, § 35-15; Ord. No. 624.11, § I, 1-10-85; Ord. No. 2001.17, 7-26-01)
Secs. 33-45—33-55. Reserved.
DIVISION
3. RATES AND CHARGES
Sec. 33-56. Schedules.
The charges for providing domestic
water service shall be established by city council resolution (see Appendix A).
(Code
1967, § 35-16; Ord. No. 624.10A, 2-23-84; Ord. No. 624.13, 9-26-85)
Sec. 33-57. When payable; disconnection for delinquent
charges; resumption of service.
(a) All flat rates, service charges and charges
for metered water used during the previous month shall be due and payable at
the office of the financial services manager when rendered and shall be
delinquent ten (10) days thereafter. The financial services manager may
designate certain private establishments as authorized city water payment stations,
in the capacity of limited agents, for the purpose of collecting any such
charges. These payment stations so designated shall be required to perform pay
station functions in accordance with rules and instructions issued by the
financial services department and shall be paid a collection fee for the
faithful performance of these functions in accordance with a schedule of fees
previously authorized by the city council.
(b) If
the total bill for any such charges is not paid within five (5) days after the
date of delinquency, the water shall be shut off from the premises of the
delinquent consumer whereupon service shall not be resumed until all charges
due plus applicable penalties have been paid. If the consumer necessitates,
because of the delinquent status of his account, a personal call by a water
service representative, whether or not service is turned off as a result of the
personal call, a customer service charge of fifteen dollars ($15) will be
assessed to the consumer's account. In addition, the delinquent consumer will
be required to place a deposit equal to four-thirds of the applicable deposit
set forth in § 33-18 with the financial services department.
(c) No
person other than an official or employee of the city shall turn on water from
the city mains without written permission from the financial services manager
or the water utilities manager.
(d) Should
the water be turned on to the premises by anyone except an employee of the
department, after it has been turned off at the city's turn-off valve, it will
be turned off at the main and will not be turned on again until a flat charge
covering the expense of excavation and replacing of the paving, as established
by the financial services manager, subject to approval of the city manager, shall
have been paid.
(e) Anyone
violating this section shall be guilty of a misdemeanor.
(Code
1967, § 35-17; Ord. No. 624.11, § I, 1-10-85; Ord. No. 2001.17, 7-26-01)
Sec. 33-58. Creation of lien for unpaid charges.
(a) Delinquent
water charges shall constitute a lien against the property upon which such lien
may be imposed. In order to impress and secure such lien, which shall be at the
discretion of the financial services manager, the following procedure shall be
utilized:
(1) The
financial services manager shall give written notice to the owner, occupant or
lessee of the property within thirty (30) days after the statement is rendered
by either personally serving or mailing to such owner, occupant or lessee, at
his last-known address by certified or registered mail, or the address to which
the water charges billing was sent. This written notice shall indicate that the
city may impress and secure a lien on the subject property unless the owner,
occupant or lessee brings his delinquent bill current within thirty (30) days
from service or receipt of the letter, and in addition, pays any penalties that
may be due pursuant to § 33-57. The notice shall also contain a statement that
the owner, occupant or lessee may appeal the delinquency to the city council by
filing such appeal within the thirty-day time period after receipt of such
notice.
(2) If the owner, occupant or lessee of the
property does not bring his delinquency current or successfully prosecute his
appeal to the city council within the thirty (30) days from service or receipt
of the registered or certified letter, the financial services manager may
prepare duplicate copies of a notice and claim of lien and file one copy with
the county recorder and within a reasonable time thereafter service or mail by
registered or certified mail the remaining copy with the owner, occupant or
lessee of the property. The notice and claim of lien shall be made under oath
by the financial services manager or his duly authorized representative and
shall contain the following:
a. A description of the property sufficient
for its identification;
b. The name of the owner or reputed owner of
the property if known, otherwise the name of the occupant of lessee to whom
service was rendered;
c. The amount of the delinquent bill.
(b) From
and after the date of its recording in the office of the county recorder, the
lien shall attach to the property until paid. A sale of the property to satisfy
the lien shall be made upon judgment of foreclosure and order of sale. The city
shall have the right to bring an action to enforce the lien in the county
superior court at any time after its recording, but failure to enforce the lien
by such action shall not affect its validity. The recorded notice and claim of
lien shall be prima facie evidence of the truth of all matter recited therein
and of the regularity of all proceedings prior to the recording therein.
(c) A
prior recording for the purposes provided in this section shall not be a bar to
a subsequent recording of a lien for such purposes, and any number of liens on
the same lot or tract of land may be enforced in the same action.
(Code
1967, § 35-19; Ord. No. 2001.17, 7-26-01)
Secs. 33-59—33-70. Reserved.
ARTICLE III. WATER FOR IRRIGATION
Sec. 33-71. Definitions.
For the purposes of this article, the
following words and phrases shall have the meaning respectively ascribed to
them by this section, unless the context clearly indicates a different meaning:
Association
means the Salt River
Valley Water Users' Association, a corporation.
Kent
Decree means the
decision and decree dated March 1, 1910, entered by the District Court of the
Third Judicial District of the Territory of Arizona, in and for the County of
Maricopa, in the case of Patrick T. Hurley, plaintiff, vs. Charles F. Abbott,
et al., defendant, being Civil Cause No. 4564, and all supplemental decrees
subsequent thereto.
Turnout
means the place at and
the gate or structure by which water may be diverted from a ditch or conduit
and delivered into the control of the owner or occupant of a lot or tract. The
turnout may be either upon or immediately contiguous to the lot or tract or at
the intake of the private ditch or conduit under the control or subject to the
use of the owner or occupant of the lot or tract.
Water
means only that water
which may be delivered from time to time by the association to the city for
distribution to land to which water has been decreed by the Kent Decree, and
which may from time to time be agreed upon between the association and the city
council.
(Code
1967, § 35-20)
Sec. 33-72. Applicability.
The
only lands to which the provisions of the article shall be applicable are those
within the city; and if any lot or tract shall at any time be served directly
by the association, then during the time such service shall continue the
provisions of this article shall not be applicable to such lot or tract.
(Code
1967, § 35-21)
Sec. 33-73. Application for water service.
Before water will be distributed by the
city to any lot or tract under this article, the owner or occupant thereof
shall pay a five-dollar application fee and execute and file in the office of
the financial services manager an application for water service on a form to be
furnished by the financial services manager.
(Code
1967, § 35-22; Ord. No. 624.11, § I, 1-10-85; Ord. No. 2001.17, 7-26-01)
Sec. 33-74. Charges.
Charges for providing the irrigation
service shall be established by council resolution. (See Appendix A).
(Code
1967, § 35-23)
Sec. 33-75. Delinquent charges; discontinuance of
service.
Whenever any person has failed to pay
the cost of irrigation water in accordance with the provisions of this article,
and the same has become delinquent, a notice shall be mailed stating that
fifteen (15) days from date of mailing the city shall seal such person's
irrigation valve, and no irrigation water shall be delivered therefrom until
the lot owner or person desiring the irrigation service reinstated has paid, in
addition to all other charges, the sum of ten dollars ($10) for the reinstating
services. Such sum of ten dollars ($10) shall be paid to the financial services
manager prior to such time irrigation water service is reinstated.
(Code
1967, § 35-24; Ord. No. 624.11, § I, 1-10-85; Ord. No. 2001.17, 7-26-01)
Sec. 33-76. Conditions for distribution.
(a) Water for any lot or tract under this
article will be delivered at the turnout selected by the city, and the city
shall be in no way responsible for, and will exercise no control over, such
water beyond the turnout. The acceptance of an application by the city shall in
no way obligate it to provide the means of the conveyance of the water or the
distribution thereof beyond the turnout.
(b) The
failure of the owner or user of any ditch or conduit beyond a turnout to keep
such ditch or conduit in a suitable condition for the carriage and distribution
of water shall be sufficient cause for the city to refuse to distribute or
deliver water at such turnout until such ditch or conduit shall be put in a
condition acceptable to the city.
(Code
1967, § 35-25)
Sec. 33-77. Manner of use.
Water distributed to any lot or tract
under this article shall be used on such lot or tract and not elsewhere; and if
any such water is used or permitted to escape outside such property, or if such
water is wasted wilfully or by gross carelessness, the application under which
such water is being distributed will be cancelled by the city and all rights of
the applicant under such application shall thereupon cease and terminate.
(Code
1967, § 35-26)
Sec. 33-78. Breaking valve seal.
No person shall disturb or break the
irrigation valve seal after the same has been placed thereon by the city.
(Code
1967, § 35-27)
Secs. 33-79—33-90. Reserved.
ARTICLE
IV. WATER DEVELOPMENT FEES
Sec. 33-91. Purpose.
Due to the increasing costs associated
with the expansion of the city's water system, it is now necessary to implement
a method of direct cost recovery from persons, firms or corporations
responsible for new physical development within the city to provide a source of
funding for the city's continued capital investment in the system.
(Code
1967, § 35-28)
Sec. 33-92. Definitions.
The following words, terms and phrases,
when used in this article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Commercial/industrial
user means any user or
establishment not defined as a dwelling unit.
Detached
dwelling unit means any
dwelling unit located on its own lot and not sharing a common wall with or not
having adjoining walls with another dwelling unit.
Developer
means the individual,
firm, corporation, partnership, association, syndication, trust or other legal
entity that is responsible for new physical development within the city and
creating a demand for city water service.
Development means any improvement which creates a
demand for city water service.
Dwelling
unit means a room or
group of rooms within a building containing
cooking accommodations. An
apartment and a mobile home shall be considered a dwelling unit.
Townhouse
means any dwelling unit
located on its own lot and sharing a common wall with or having adjoining walls
with another dwelling unit.
(Code
1967, § 35-29; Ord. No. 91.14, 4-25-91)
Sec. 33-93. Schedule; exemptions; disposition.
(a) The
water development fee to be charged by the city is established by council (see
Appendix A).
(b) The
fee imposed by this article shall be collected by the development services
manager, who shall be charged with the administration of this article. The fee for each dwelling unit or, in the
case of commercial and industrial construction, the fee for each connection
shall be collected by the development services manager prior to the issuance of
a building permit, and the fee with respect to any mobile home or recreation
vehicle space shall be collected prior to the issuance of a construction permit
for the development of a mobile home or recreation vehicle park. The
development services manager shall not issue a building permit or construction
permit until the fees required by this article have been paid.
(c) No
water development fee will be collected for the installation of fire lines,
providing such line is not served by an individual water meter. A tap to the water main for a
residential fire sprinkler system may be installed without payment
of a water development fee as follows:
(1)
An
unmetered fire tap of a minimum three-quarter (3/4) inch diameter may be
installed to connect a residential fire sprinkler system to the city’s water
main when fire protection is being added to an existing single-family residence
that is already connected to the city’s water distribution system;
(2)
The
city will provide a fire tap to the residential sprinkler system for the fee
specified in Appendix A, and will install a copper service line to the
resident’s property boundary nearest the city’s water main;
(3)
The
resident shall pay all tap fees and inspection fees associated with installing
the fire tap to the city’s water main;
(4)
The
resident shall cause an approved backflow prevention device to be installed in
conformance with Tempe Standard Detail T-210 on the residential fire service
line at the resident’s expense;
(5)
The
resident shall schedule and pay for an annual inspection of the backflow
prevention device by a certified backflow tester or inspector, and shall submit
the annual inspection report to the water utilities department backflow
prevention staff. The first annual
report is due no later than twelve (12) months after installation of the
device;
(6)
The
resident shall own and maintain the entire fire service line from the point of
use in their residential fire sprinkler system to the tap on the city’s water
main;
(7)
The
resident shall pay a monthly fire service line fee, in the amount specified in Appendix
A, to be added to the base charge on the resident’s monthly water bill;
(8)
No
person shall use a fire tap to access water for any purpose that is not a fire
emergency. Using a fire tap to access
water for any purpose that is not a fire emergency is a violation of this
article; and
(9)
If a
person violates any provision of this article, the water utilities manager may
issue a written notice of violation and an order to cease and desist. All violations under this article are subject
to a civil penalty in an amount not to exceed one thousand dollars ($1,000) per
day of violation.
(d) All
revenue received from the water development fee shall be deposited in a utility
revenue account to be used for capital expansion and enlargement of the city
water system or for the retirement of debt service, both principal and interest,
related to water system development.
(e) Multiple
water meters used to serve a single service, or a single occupancy building,
are not permitted unless approved by the development services manager. If multiple meters are approved, the water
development fees charged will be equivalent to the fee charged for a single
meter installation based on demand requirements.
(Code
1967, § 28-36; Ord. No. 936.6A, 3-15-84; Ord. No. 936.7, 6-6-85; Ord. No.
86.64, 10‑9‑86; Ord. No. 88.80, 1-26-89; Ord. No. 91.14, 4-25-91;
Ord. No. 97.20, 4-10-97; Ord. No. 97.02, 7-10-97; Ord. No. 2000.23, 5-31-00;
Ord. No. 2001.17, 7-26-01; Ord. No. 2009.35, 9‑10‑09)
Sec. 33-94. Effective date.
This article shall become effective and
have application to all work for which building permits are applied for on or
after
(Code
1967, § 28-36; Ord. No. 936.6A, 3-15-84; Ord. No. 936.7, 6-6-85; Ord. No.
86.64, 10-9-85; Ord. No. 88.80, 1-26-89; Ord. No. 97.02, 7-10-97; Ord. No.
2000.23, 5-31-00)
Secs. 33-95—33-99. Reserved.
ARTICLE V. CROSS-CONNECTION CONTROL
Sec. 33-100. Purpose.
The purpose of this article is to
protect the public water supply of the city from the possibility of
contamination or pollution by isolating within the user's system such
contaminants or pollutants which could backflow into the public water supply;
and to provide for the monitoring and enforcement of a continuing program of
backflow prevention which will prevent the contamination or pollution of
Tempe's potable water supply.
(Ord.
No. 87.57, § 33-100,
Sec. 33-101. Responsibility.
(a) The
water utilities department (hereinafter called the "department") of
the city is invested with the authority and responsibility for the
implementation of an effective cross-connection control program and for the
enforcement of the provisions of this article and to prevent water from
unapproved sources to enter the potable water system. No water service
connection to premises of a type specified in this article shall be installed
or maintained unless the public water supply is protected as required by this
article.
(b) The
user shall not allow any pollutants and contaminants to enter the public
potable water system from the point of delivery from the public potable water
system. The user shall at his own expense install, operate, test and maintain
approved backflow prevention assemblies as directed by the department.
(c) The
development services department is authorized to enforce the provisions of this
article on all new buildings, additions with new services and changes of use of
existing buildings where required by § 33-103(c) in accordance with Chapter 8,
Article 7, Division 2.
(Ord.
No. 87.57, § 33-101,
Sec. 33-102. Definitions.
The following words and terms, when
used in this article, shall have the following definitions, unless the context
clearly indicates otherwise:
Approved
means accepted by the
department as meeting an applicable specification stated or cited in this
article, and as suitable for the proposed use.
Auxiliary
water supply means any
water supply on or available to the premises other than the public potable
water supply, including, but not limited to, water from another purveyor's
public potable water supply, treated effluent, wastewaters or industrial
fluids.
Backflow
means the reversal of
the normal flow of water caused by either backpressure or backsiphonage.
Backflow
prevention assembly means
an assembly or means designed to prevent the reversal of the normal flow of
water caused by either backpressure or backsiphonage.
(a) Air
gap means the unobstructed vertical distance through the free atmosphere
between the lowest opening from any pipe or faucet supplying water to a tank,
plumbing fixture, or other device and the flood level rim of said vessel. An approved air-gap shall be at least double
the diameter of the supply pipe, measured vertically, above the overflow rim of
the vessel, and in no case less than one inch.
(b) Reduced
pressure principle assembly means an assembly of two (2) independently
acting approved check valves together with a hydraulically operating,
mechanically independent differential pressure relief valve located between the
check valves and, at the same time, below the first check valve. The unit shall include properly located test
cocks and tightly closing shutoff valves at each end of the assembly. The
entire assembly shall meet the design and performance specifications as
determined by a recognized laboratory and approved by the department for
backflow prevention assemblies. To be
approved, these assemblies must be readily accessible for in-line testing and
maintenance.
(c) Double
check valve assembly means an assembly of two (2) independently operating
approved check valves with tightly closing shutoff valves on each end of the
check valves, plus properly located test cocks for the testing of each check
valve. The entire assembly shall meet
the design and performance specifications as determined by a recognized
laboratory and approved by the department for backflow prevention assemblies.
To be approved these assemblies must be readily accessible for in-line testing
and maintenance.
(d) Pressure
vacuum breaker assembly means an assembly containing an independently
operating loaded check valve and an independently operating loaded air inlet
valve located on the discharge side of the check valve. The assembly will be
equipped with properly located test cocks and tightly closing shutoff valves
located at each end of the assembly.
Backpressure
means the flow of water
or other liquids, mixtures or substances under pressure into the distribution
pipes of a potable water supply system from any source or sources other than the
intended source.
Backsiphonage
means the flow of water
or other liquids, mixtures or substances into the distribution pipes of a
potable water supply from any source other than its intended source caused by
the reduction of pressure in the potable water supply system.
Contamination
(high hazard) means an
impairment of the quality of the potable water by sewage, industrial fluids or
waste liquids, compounds or other materials to a degree which creates an actual
or potential hazard to the public health through poisoning or through the
spread of disease.
Cross-connection
means any physical
connection or arrangement of piping or fixtures between two (2) otherwise
separate piping systems, one of which contains potable water and the other
nonpotable water or industrial fluids through which, or because of which,
backflow may occur into the potable water system. This would include any
temporary connections, such as swing connections, removable sections, four-way
plug valves, spools, dummy section of pipe, swivel or change-over devices or
sliding multiport tube.
Pollution
(low hazard) means the
presence of any foreign substance (organic, inorganic or biological) in the
water which tends to degrade its quality so as to constitute a hazard or impair
the usefulness or quality of the water to a degree which does not create an
actual hazard to the public health but which does adversely and unreasonably
affect such waters for domestic use.
Tester
certified means a person
who has completed a minimum of forty (40) hours of training and has passed a
written and practical exam as part of a certification or re-certification
process. Each person certified to make
competent tests or to repair, overhaul and make reports on backflow prevention
assemblies shall be conversant with the applicable laws, rules and regulations
and have had experience in plumbing or pipe fitting or have other
qualifications which are equivalent in the opinion of the department.
Water,
nonpotable means water
which is not safe for human consumption.
Water,
potable means any water
which, according to standards recognized by the city, is safe for human
consumption.
Water,
service connection means
the terminal end of the service connection from the public potable water system
at its point of delivery to the user's water system. If a meter is installed at
the end of the service connection, then the service connection shall mean the
downstream end of the meter. Unprotected
takeoffs from the service line will not be permitted upstream of any meter or
any backflow prevention assembly located at the point of delivery to the user's
water system. Service connection shall also include water service connection
from a fire hydrant and all other temporary or emergency water service
connections from the public potable water system.
(Ord.
No. 87.57, § 33-200,
Sec. 33-103. Approval.
(a) Backflow
prevention assemblies required hereunder shall be approved by the department
and shall be installed by and at the expense of the user.
(b) The
department may approve backflow assemblies when such assemblies have met the
criteria set forth in § 33-106(b) and provided the manufacturer has a local
parts and service center.
(c) Assemblies
shall be specified and located on the construction plans for all new buildings,
additions with new services, and changes of use or occupancy of existing
buildings where required by § 33-105.
Approval shall be obtained prior to issuance of the building permit.
This section does not apply to building permits applied for prior to the
effective date of this article except as provided in § 33-110.
(Ord.
No. 87.57, § 33-300,
Sec. 33-104. Installation of backflow prevention
assemblies.
(a) Assemblies
shall be installed at the service connection or near the property line but in
all cases before the first branch line leading off of the service line, and in
an accessible location approved by the department.
(b) Backflow
prevention assemblies shall have at least the same cross-sectional area as the
water service and or meter. In those
instances where a continuous water supply is necessary, two (2) sets of
backflow prevention assemblies shall be installed in parallel, if the water
supply cannot be temporarily interrupted for the testing of assemblies.
(c) No
bypass shall be installed around backflow prevention assemblies.
(d) Double
check valve assemblies shall be installed as prescribed in the standard details
approved by the department. Copies of
the standard details are available from the department. Double check valve assemblies may be
installed below ground in a vault, if approved in writing, on a case-by-case
basis by the department.
(e) Reduced
pressure principle assemblies shall be installed as prescribed in the standard
details approved by the department.
Copies of the standard details are available from the department. Reduced pressure principle assemblies shall
be installed above ground.
(f) All
pressure-type backflow prevention assemblies, which are designed for periodic
field testing, shall be equipped with resilient seated shut-off valves on both
the upstream and the downstream side of the assembly. In addition, resilient seated test cocks shall
be provided and located so that test equipment may be connected to the assembly
at such points that the pressure in each pressure zone may be detected and, in
addition, a test cock shall be located upstream of the upstream shut-off valve
as close as possible to the upstream shut-off valve.
(Ord.
No. 87.57, § 33-400,
Sec. 33-105. Premises or systems requiring approved
backflow prevention assemblies.
(a) An approved backflow prevention assembly of
the type specified in this section shall be the minimum installation of each
service connection (whether from a fire hydrant, temporary regular or other
water service connection) to the following type of premises or systems:
|
|
Type of Assembly Required |
|||
|
Premises
Requiring Approved Backflow Prevention
Assemblies |
Double Check |
Reduced Pressure |
Air Gap |
Pressure Vacuum Breaker |
|
|
|
|
|
|
|
Air craft and
missile plants |
|
X |
|
|
|
Animal clinics, animal grooming shops |
|
X |
|
|
|
Automotive repair with steam and/or acid cleaning
equipment or solvent facilities |
|
X |
|
|
|
Auxiliary water
systems (interconnected) |
|
X |
|
|
|
Auxiliary water
systems (noninterconnected) |
X |
|
|
|
|
Beverage bottling
plant |
|
X |
|
|
|
Breweries |
|
X |
|
|
|
Buildings greater than 3 stories or 34 feet in height (low hazard) |
X |
|
|
|
|
Buildings greater than 3 stories or 34 feet in height
(high hazard) |
|
X |
|
|
|
Buildings with booster pumps or potable water storage (low
hazard) |
X |
|
|
|
|
Buildings with booster pumps or potable water storage
(high hazard) |
|
X |
|
|
|
Canneries, packinghouses and reduction plants |
|
X |
|
|
|
Car wash
facilities |
|
X |
|
|
|
Central heating and air conditioning plants |
|
X |
|
|
|
Chemical plants |
|
X |
|
|
|
Chemically treated potable or nonpotable water systems |
|
X |
|
|
|
Civil works (government-owned or operated facilities
not open for inspection by the department) |
|
X |
|
|
|
Commercial laundries |
|
X |
|
|
|
Dairies and cold
storage plants |
X |
|
|
|
|
Dye works |
|
X |
|
|
|
Film processing
labs |
|
X |
|
|
|
Food processing |
|
X |
|
|
|
High schools and
colleges |
|
X |
|
|
|
Holding tank
disposal stations |
|
X |
|
|
|
Hospitals and
mortuaries |
|
X |
|
|
|
Medical and
dental buildings |
|
X |
|
|
|
Sanitariums, rest and convalescent homes |
|
X |
|
|
|
Irrigation systems with chemical injection |
|
X |
|
|
|
Irrigation systems (premises having separate systems) |
|
X |
|
|
|
Labs using contaminating materials |
|
X |
|
|
|
Manufacturing, processing and fabricating plants using
contaminating materials |
|
X |
|
|
|
Mobile home parks |
|
X |
|
|
|
Motion picture
studios |
|
X |
|
|
|
Oil and gas
production facilities |
|
X |
|
|
|
Plating plants |
|
X |
|
|
|
Power plants |
|
X |
|
|
|
Radioactive
materials processing |
|
X |
|
|
|
Restricted, classified or other closed facilities |
|
X |
|
|
|
Rubber plants |
|
X |
|
|
|
Sand and gravel
plants |
|
X |
|
|
|
Sewage and storm drainage facilities |
|
X |
|
|
|
Shopping centers |
|
X |
|
|
|
Water
trucks, hydraulic sewer cleaning equipment |
|
X |
X |
|
|
Any
premises where a cross-connection is maintained |
|
X |
|
|
(b) Fire
protection systems will be required to have the following type of protection:
|
|
Type of Assembly Required |
|||
|
Premises
Requiring Approved Backflow Prevention
Assemblies |
Double Check |
Reduced Pressure |
Air Gap |
Pressure Vacuum Breaker |
|
|
|
|
|
|
|
Direct connection from public water system
(noncontaminating) |
X |
|
|
|
|
Direct connection from public water system
(contaminating) |
|
X |
|
|
|
With pump and/or
storage tank |
|
X |
|
|
|
With auxiliary
supply |
|
X |
|
|
(c) Any
premises where water supplied by the city is subject to deterioration in
sanitary quality and there is the potential for its entry into the public water
system shall be protected as required by the department.
(Ord.
No. 87.57, § 33-500,
Sec. 33-106. Approved backflow prevention assemblies.
(a) As
designated in § 33-103(b) the standard installation at each service connection
to premises or each system requiring an approved backflow prevention assembly
shall be a model and size approved by the department.
(b) The
term "approved backflow prevention assembly" means an assembly
approved by the department and shall mean an assembly that has been
manufactured in full conformance with the standards established by the American
Water Works Association—AWWA C506-78 most recent revised publication
"Standards for Reduced Pressure Principle and Double Check Valve Backflow
Prevention Assemblies", and have met completely the laboratory and field
performance specifications of the Foundation for Cross-Connection Control and
Hydraulic Research (FCCCHR) of the University of Southern California
established by specifications of backflow prevention assemblies in the most
current issue of the "Manual of Cross-Connection Control" or another third
party certifying entity approved by the department.
(c) Backflow
prevention assemblies which may be subject to backpressure or backsiphonage
that have been fully tested and have been granted a certificate of approval by
FCCCHR may be listed on the current list of "Approved Backflow Prevention
Assemblies", which will be made available upon written request to the
department.
(Ord.
No. 87.57, § 33-600,
Sec. 33-107. Maintenance, testing and records.
(a) The user shall
maintain accurate records of tests and repairs made to backflow prevention assemblies
and provide the department with copies of such records. The records shall be on
forms approved by the department and shall include the list of materials or
replacement parts used.
(b) Testing,
maintenance and repairs to such assemblies shall be made at the customer's
expense by a certified backflow prevention assembly tester that is approved by
the department or any other agency designated by the department to prescribe
test methods or to certify or approve persons to conduct such tests. It shall be the duty of the user to see that
these tests are made at the time of the initial installation and at least once
a year, on the anniversary date of the initial inspection.
(c) The
user shall notify the department fifteen (15) days in advance when the annual
tests are to be done, so that an official representative of the department may
witness the tests if so desired.
(d) Following
the installation of any assembly required by this article, it shall be tested
by a certified tester. The test results
shall be submitted to the development services department with a request for
inspection approval before the certificate of occupancy can be issued.
(e) Following
the repair, repiping, overhaul or relocation of an assembly, the user shall
have it inspected by the department and tested by a certified tester.
(Ord.
No. 87.57, § 33-700,
Sec. 33-108. Inspections.
The user's system must be open for
inspection at all reasonable times, and in all emergencies to authorized
representatives of the department to determine whether cross-connections or
other structural or sanitary hazards, including violations of these
regulations, exist. When such a
condition becomes known the department may deny or immediately discontinue
service to the premises by providing a physical break in the service line until
the user has corrected the condition in conformance with this article.
(Ord.
No. 87.57, § 33-800,
Sec. 33-109. Discontinuance of service.
Service of water to any premises may be
discontinued by the department if a backflow prevention assembly required by
this article is not installed, tested and maintained, if it has been found that
a backflow prevention assembly has been removed or bypassed, or if a cross-connection
exists on the premises. Service will not
be restored until such conditions or defects are corrected.
(Ord.
No. 87.57, § 33-900,
Sec. 33-110. Existing assemblies and users.
(a) If
the department determines that a user's backflow prevention assembly does not
meet current standards, the user shall retrofit the assembly so that it will
meet current standards.
(b) Whenever
it is determined by the water utilities manager or his authorized
representative that a water service poses an actual or potential threat to the
physical properties of the water system or potability of the public water
system an assembly complying with this article shall be installed.
(Ord.
No. 87.57, § 33-1000,
Sec. 33-111. Penalty.
Any violation of this article shall
constitute a misdemeanor, and shall be punishable as set forth in § 1-7 of this
code.
(Ord.
No. 87.57, § 33-1100,
Secs. 33-112—33-119. Reserved.
ARTICLE
VI. WATER WASTING
DIVISION 1. IN
GENERAL
Sec. 33-120. Purpose.
This article is not intended to
regulate or prevent the beneficial use of water on property within the city
service area. It is intended to prevent
and discourage the waste of water within the city service area.
(Ord.
No. 91.46,
Sec. 33-121. Wasting water defined, prohibited.
No person shall waste any water supplied
within the city service area. In
general, the water is put to waste if it is not beneficially used and it is
hereby determined that the waste of water specifically includes but is not
limited to the following:
(1) Water running off a landscaped area to
another area where it is not beneficially used such as to a street, sidewalk,
gutter, alley, public utility easement or parking area paved or unpaved;
(2) Washing vehicles in a driveway in a manner
that uses excess water beyond that reasonably necessary for washing and
rinsing;
(3) The hosing down of driveways, sidewalks and
other landscape should be limited and accomplished in a way that the water will
run off into other landscaped areas, but, in no event, in a manner that uses
excess water beyond that reasonably necessary for washing and rinsing; or
(4) Any use of water in excess of that
reasonably necessary to accomplish the intended task.
(Ord.
No. 91.46,
Sec. 33-122. Causes of wasting water.
It is determined by the city council that
a major cause for the waste of water within the city service area is the
failure to properly maintain outdoor watering systems. Specific examples of such failure to
maintain include but are not limited to the following:
(1) Damaged or missing spray heads;
(2) Damaged or missing bubbler heads;
(3) Damaged or missing drip irrigation lines;
(4) Failure to properly maintain berms,
laterals and pipes for urban irrigation; or
(5) Failure
to properly maintain automatic timing systems on landscape watering.
(Ord.
No. 91.46,
Sec. 33-123. Leakage, escape of water prohibited.
It is hereby prohibited for anyone to
permit the excess use, loss or escape of water through breaks, leaks or
malfunction in the water user's plumbing or distribution facilities for any
period of time after such escape of water should have reasonably been
discovered and corrected.
(Ord.
No. 91.46,
DIVISION
2. APPEALS AND EXCEPTIONS
Sec. 33-124. Application for exemption.
The water utilities manager or his
designee may grant an exemption for the uses of water otherwise prohibited
hereby if he finds and determines that compliance with this article will be
detrimental to the health, safety and welfare of the public. The water utilities manager or his designee
may grant such exception only upon an application in writing which sets forth
the specific facts and circumstances which applicant claims to justify the
granting of a variance. Upon granting any such exception, the water utilities
manager or his designee may impose any conditions he determines to be
reasonable and proper. The conditions
shall include, at a minimum, a water conservation audit of the applicant's
facility.
(Ord.
No. 91.46,
DIVISION
3. ENFORCEMENT
Sec. 33-125. First violation.
For a first violation, the city shall
issue a verbal notice of first violation and provide educational materials on
water conservation, including a copy of this article, to the water user
violating the provisions of this article.
A reasonable time to correct the
violation will be permitted but in no case will a second violation (for
the same matter) be declared sooner than fourteen (14) days after the first
notice, however, additional contacts and verbal notifications may occur prior
to a second violation being determined.
(Ord.
No. 91.46,
Sec. 33-126. Second violation (for the same matter).
The city shall issue a written notice
of violation to the water user for a second violation of this article within a twelve
(12) month period and require a water audit of the facility. The water conservation audit shall result in
a written compliance schedule within which the water user is to comply with the
provisions of this article.
(Ord.
No. 91.46,
Sec. 33-127. Third violation (for the same matter).
(a) The city shall issue a written notice to
the water user for a third violation of this article within a twelve (12) month
period after issuance of a notice of first violation, and impose a surcharge on
the next monthly billing in an amount equal to twenty-five percent (25%) of the
average monthly bill for the previous six (6) months for the meter through
which the wasted water was supplied. The surcharge shall be added to the water
billing for that meter and must be paid; nonpayment of any portion of water
user's water bill may result in termination of water service.
(b) An
additional written compliance schedule within which the water user is to comply
with the provisions of this article shall be developed.
(Ord.
No. 91.46,
Sec. 33-128. Fourth violation.
(a) The
city shall issue a written notice to the water user for a fourth violation of
this article within a twelve (12) month period after the date of issuance of
notice of first violation and impose a surcharge on the next monthly billing in
an amount equal to fifty percent (50%) of the average water bill for the
previous six (6) months for the meter through which the wasted water was
supplied. The surcharge shall be added
to the water billing for that meter through which the water was wasted and must
be paid; nonpayment of any portion of the water bill may result in termination
of water service.
(b) An
additional written compliance schedule within which the water user shall comply
with the provisions of this article shall be developed.
(Ord.
No. 91.46,
Sec.
33-129. Subsequent violations (for
the same matter) after the fourth violation;
discontinuance of service.
For any violation subsequent to the
fourth violation of this article within twenty-four (24) months after the date
of issuance of notice of first violation, a penalty surcharge of one month average billing for
the previous six (6) months for the meter through which the wasted water was
supplied shall be imposed. The city
shall discontinue water service to that customer at the premises or to the
meter where the violations occurred. The
charge for restoration of normal service shall be two and one-half (2˝) times
the existing city rate for activating water service. Such restoration of
service shall not be made until the water utilities manager or his designee has
determined that the water user has provided reasonable assurances that future
violations of this article by such user will not occur. In addition, he may require a security
deposit.
(Ord.
No. 91.46,
DIVISION
4. NOTICE
Sec. 33-130. Verbal notice.
For a first violation, verbal notice of
violation shall be given to the water user in person or by telephone. Educational materials on water conservation,
including a copy of this article, shall be delivered in person or sent by
regular mail. The verbal notice will:
(1) Inform the water user of the nature of the
violation as listed in paragraphs 1 through 4 of § 33-121, paragraphs 1 through
5 of § 33-122 and § 33-123;
(2) Inform the water user that the water
utilities manager or his designee will continue to monitor for compliance; and
(3) Inform the water user that failure to
correct the problem within fourteen (14) days will result in a second notice of
violation (written) being issued.
(Ord.
No. 91.46,
Sec. 33-131. Written notice.
A written notice shall be issued for
each violation subsequent to the first. The second notice shall be delivered in
person or by regular mail to the water user. All subsequent notices will be
delivered in person or by certified mail to the person identified on the
account for the meter through which the wasted water was supplied. The notice
will:
(1) Inform the water user that second, third,
fourth or subsequent violation of paragraphs 1 through 4 of § 33-121,
paragraphs 1 through 5 of § 33-122, or § 33-123, above, has occurred;
(2) Specify when the previous violation(s) (of
the same matter) occurred;
(3) Inform the water user of the requirement
for water audit and the development of
a compliance schedule
indicating when required measures
will be completed;
(4) Inform the water user that failure to
correct the problem within the time limit provided for in the compliance
schedule will result in another notice of violation; and
(5) The notice shall contain, in addition to
the facts of the violation, a statement of the possible penalties for each
violation and a statement informing the customer of his right to a hearing on
the violation. The effective date of
violation shall be the date of issuance of the notice of violation.
(Ord.
No. 91.46,
DIVISION
5. HEARING
Sec. 33-132. Right to hearing.
Any person against whom a penalty is levied
pursuant to this section shall have a right to a hearing to the water utilities
manager or his designee.
(Ord.
No. 91.46,
Sec. 33-133. Reservation of rights.
The rights of the city pursuant to this
article are cumulative to any other fight or ordinance of the city in relation
to the water user. All monies collected
by the city pursuant to any of the penalty provisions of this article shall be
deposited in the water enterprise fund.
(Ord.
No. 91.46,
Secs. 33-134—33-139. Reserved.
ARTICLE
VII. WATER CONSERVATION
Sec. 33-140. New non-residential buildings or structures,
"Water Conservation Report".
A building permit shall not be issued
for new non-residential buildings or structures unless a "Water
Conservation Report", signed by an
(1) A detailed section on proposed uses of
water in the industrial process which must demonstrate conservation-oriented
techniques, and that the water use is employing the latest commercially
available technology consistent with reasonable economic return;
(2) A section which reports on the exterior
landscaping compliance with the Zoning and Development Code, Section 4-702(B);
and
(3) A section which notes all other areas of
planned conservation in interior/exterior water use which demonstrates a bona
fide commitment to reasonable conservation efforts.
(Ord.
No. 92.27,
Sec.
33-141. Additions, alterations or
repairs to existing non-residential buildings or structures, "Water
Conservation Report."
Additions, alterations or repairs may
be made to any existing nonresidential building or structure without requiring
compliance with § 33-140 above provided the addition, alteration or repair
conforms to that required for a new building or structure and provided that the
additions, alterations or repairs within a twelve (12) month period do not
exceed fifty percent (50%) of the value of the existing building or
structure. When additions, alterations
or repairs within any twelve (12) month period exceed fifty percent (50%) of
the value of an existing building or structure, a "Water Conservation
Report" shall be filed in accordance with § 33-140.
(Ord. No.
92.27,
Editor's
note—Ord.
92.27 provided that the ordinance became effective 31 days after its adoption,
and that the ordinance applied to all building permits applied for after its
effective date but does not apply to building permits applied for but not
issued as of the effective date.
Sec.
33-142. Water plan required for new
non-residential users greater than 9,000 gallons per day.
New non-residential users who have an
estimated annual use which averages nine thousand (9,000) gallons per day or
more (excluding turf-related facilities) are required to submit a "water
use plan" sealed by an Arizona registered architect or engineer that it
complies with this section as a condition to issuance of a building
permit. The "water use plan"
shall contain at least the following:
(1) A description of any available water
conservation training programs offered to employees. Employee training information will be offered
by the city to the facility after the construction is completed;
(2) Whether alternative water sources will be
used (i.e., effluent, poor quality groundwater or other non-groundwater
sources);
(3) Operating levels of total dissolved solids
(TDS) or conductivity for cooling towers and total cooling capacity;
(4) Whether the user will use the best
available conservation technologies in accordance with existing process uses
(i.e., recirculating systems for process water, alternative dust control
methods, automatic shut-down devices to eliminate continual running water);
(5) Any plans for the reuse of wastewater or
process water at the facility; and
(6) Type of landscaping and irrigation system.
(Ord.
No. 98.11,