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HomeMy WebLinkAbout5 - Update on City Code Changes for Drought and Waste Water CITY OF BOULDER WATER RESOURCES ADVISORY BOARD AGENDA ITEM MEETING DATE: October 18, 2010 AGENDA TITLE: Update on City Code Changes for Drought and Waste of Water PRESENTERS: Ned Williams, Director of Public Works for Utilities Joanna Crean, Public Works Administrator Carol Ellinghouse, Water Resources Coordinator Bret Linenfelser, Water Quality and Environmental Services Coordinator Russ Sands, Water Quality Inspector EXECUTIVE SUMMARY: The Drought Plan, Volume 1 (Drought Planning and Response Plan) was updated and accepted by WRAB in March 2010 so that drought response strategies and public education efforts would be consistent with the new water budget rate structure methodology. As a result of the updated Drought Planning and Response Plan, the Boulder Revised Code (B.R.C.) needs to be revised through an ordinance. Draft ordinance language implementing the revised Drought Planning and Response Plan along with language about wasting of water will be presented to WRAB at the Oct. 18, 2010 meeting. Feedback from WRAB will be incorporated and presented to WRAB for final review and recommendation at the Nov. 15, 2010 meeting. Ultimately, the ordinance will be considered by City Council, which is anticipated in late 2010 or early 2011. In addition to this ordinance, draft rules and regulations, which will include more specifics about drought response measures, will be presented to WRAB in 2011. Rules and regulations are approved by the city manager by way of the "Rulemaking" process (B.R.C. 1-4) upon completion of a public comment period. BACKGROUND: At the March 15, 2010 WRAB meeting, WRAB approved the revised Drought Planning and Response Plan. For a copy of the Drought Planning and Response Plan, March 2010, please see the city's website at: http://Nvww.bouldercolorado.gov/files/Utilities/Water Conservation/Drought Plan Volume I March 2010.pdf As a result, the B.R.C. needs to be updated to reflect the additional drought response measures as outlined in the plan (e.g., water budget reductions). While the B.R.C. provides the general context and legal authority to respond to a drought, it does not provide specifics on response measures (e.g., how much water budgets should be reduced at each drought stage). Instead, rules and regulations will provide the specific detail and will be used by the city manager to respond during each drought stage. A similar approach that uses both the B.R.C. and rules and regulations includes implementation of water budgets. AGENDA ITEM 9 PAGE 1 Currently, the city code addresses waste of water in some detail when an emergency (such as a drought) is declared by the city manager. Waste of water during non-drought periods is addressed in a limited manner through a requirement that property owners keep all pipes, fixtures, and appliances in good working order to prevent water waste (B.R.C. 11-1-25(a)). INCORPORATING THE DROUGHT PLAN IN THE BOULDER REVISED CODE: Currently, the B.R.C. authorizes the city manager to use water restrictions and other water use reduction measures in case of emergencies; however the Drought Plan is not referenced. The proposed changes to the B.R.C. as outlined in Attachment A include referencing the Drought Plan and eliminating redundancy by deleting text that was in both the city code and Drought Plan. In an emergency situation, such as a drought, the current city code provides only a few options to address water waste with limitations on irrigation, vehicle washing, and filling swimming pools. Specific references to these options have been deleted. Instead, the proposed changes to the B.R.C. references options for drought response measures such as reducing water budgets, imposing surcharges and adding fees to water use in higher rate blocks (i.e., blocks 4 and 5). The specific details of water budget reductions, surcharges, and fees will be included in the rules and regulations. For a clean copy of the revised draft ordinance with all of the "track changes" accepted, please see Attachment B. During the process of updating the Drought Planning and Response Plan, WRAB identified an interest in a water waste ordinance that could potentially further clarify, restrict, enforce, and strengthen the city's ability to limit waste of water and impose fines during non-drought periods. Based on feedback at the July 19, 2010 WRAB meeting, language about waste of water during non-drought periods has been included in the proposed changes to the B.R.C. as outlined in Attachment A and B. The description of what it means to waste water is intentionally broad and general in the draft ordinance in order to allow the city manager to use the rules and regulations to provide more specific details in determining which practices are wasteful, enforceable and quantifiable. NEXT STEPS: Staff is requesting feedback from WRAB on the draft ordinance language implementing the Drought Planning and Response Plan and avoiding waste of water. It is anticipated that staff will return with a proposed ordinance at the November 15th WRAB meeting for a final recommendation. Later in 2010 or early 2011, City Council would consider the proposed ordinance. Draft rules and regulations, which include more specifics about drought response measures and would also be used by the city manager during a drought, will be provided to WRAB at a meeting in 2011. ATTACHMENTS: A - Draft Changes to Boulder Revised Code to Incorporate Drought Plan and Waste of Water (proposed changes shown using the "tr°ack changes " tool) B - Draft Ordinance on Drought Response and Waste of Water (clean copy that includes all proposed changes) AGENDA ITEM 9 PAGE 2 ATTACHMENT A: Draft Changes to Boulder Revised Code to Incorporate Drought Plan and Waste of Water (October 11, 2010) 11-1-25: Duty to Maintain Backflow Prevention Assembly and Prevent Cross Connectionservire 11Y1es and Fixtures _g sepved aRd to keep the keep all pipes, fixtwes, and app! anGes OR the prGpei4y tight aRd 'R geed werkillg nrd-er se °c ton prevent waste of water (ha) No owner of any property connected to the water utility shall allow any cross- connection to the water utility, unless there is provided an approved back-flow prevention assembly commensurate to the potential hazard. No person working on a water line connected to the water utility shall make a cross-connection, unless there is provided an approved backflow prevention assembly commensurate to the potential hazard. No person shall fail to comply with all regulations promulgated by the city manager for the implementation of this chapter. (eb) No person shall tamper with, modify, or in any way damage any backflow prevention assembly. (dc) No person shall manufacture, install, maintain or sell a backflow prevention assembly that does not meet the requirements of section 5.11 of the City of Boulder Design and Construction Standards. (ed) If an inspection is requested by an owner or required by this section, a backflow prevention assembly testing or inspection fee or a cross-connection control inspection fee shall be assessed. Such fee shall be a direct charge to owners or lessees of premises subject to this section for the recovery of costs related to the administration of this section and to the inspection and testing of such assemblies performed by the city. The charges for such services are prescribed in section 4-20- 23, "Water Permit Fees," B.R.C. 1981. Ordinance Nos. 5875 (1997); 7024 (1999) 11-1-26 Permit Required for Changing or Increasing Fixtures. No plumber or any water user shall install or replace any plumbing fixture using water from the water utility without first obtaining a plumbing permit therefore that states the number and character of each fixture, appliance, or apparatus to be installed or replaced.4 11-1-27: Duty to Maintain Service Lines and Fixtures and to Avoid Waste of Water 1 (a) No owner of any property connecting to the water utility shall fail to maintain the water service line from the meter pit to the structure being served and to keep the line in good condition at the owner's expense. (b) No owner of such property shall fail to keep all pipes, fixtures, and appliances on the property tight and in good working order so as to prevent waste of water. Exceeding a properly determined water budget is a presumptive waste of water. Section 11-1-2728: Water Restrictions in Case of Emergency In the event of a major fire or any other emergency that requires the immediate curtailment of the use of water from the water utility, the city manager may make such restrictions as the manager deems necessary for the protection of the public. Section 11-1-48: Water Conservation Program (a ,The water conservation program will be an ongoing effort to promote efficient Formatted: Font. (Default) Arial water use that is compatible with the city's water supply system, water resource management strategy and the values of the community. The water conservation program will of th. secti^^ to create incentives for water conservation by users of the water supply of the city, to prevent unnecessary depletion of the raw and treated water supply of the city, to attempt to supply a continuing level of satisfactory service to existing water utility customers, and to insure the city's ability to meet the present and future basic water needs of the city's residents and will be ( Formatted: Font. (Default) Ariai implemented pursuant to the City of Boulder Water Conservation Plan. U-81- 91 water utility of the Gity, without limitation, Gustemers of any Avaterand provide water-. Formatted: Space Before: Auto, Don't adjust space between Latin and Asian text, Tab stops: Not at 0.7" replenish, or preteGt the watel: 6upply of the Gity. The manager shall determine the ovtont aAd duration of any VQtor nonconQfion moncl lFQ imnl°m°nt°rf Nothing in this seetmen shall be ` eemed to limit or reStri^t the of the 6lRd-4-QP sesti, 1-1 Ra "Water °es#i~;s Nose of Emel:geRGy," B.R.C. I PR1~Section 11-1-49: Declaring a Drought Alert Stage (a) Drought Alert Stages, as designated in the City of Boulder Drought Plan, are timinq mechanisms for specific drought responses for all water utility customers. In the determination of the appropriate Drought Alert Stage, the city manager shall make a finding that in order to ensure an adequate amount of water supply for that particular water year, plus a reasonable amount of water reserved for future years, it is necessary to declare the appropriate Drought Alert Stage. These drought stapes 2 and the related responses shall be specified in the City of Boulder Drought Plan and in the rules and regulations issued by the manager. (b) Depending on the severity of the drought and which Drought Alert Stage is declared, the city manager may impose drought response measures to reduce the use of water in accordance with the provisions of section 11-1-50, "Drought Response Measures," B.R.C. 1981. (c) Once conditions allow, the need for drought response measures will officially be ended by the city manager and the city will restore water budgets to non-drought levels, remove drought surcharges and discontinue administrative charges or other remedies for certain types of water use that were limited during the drought. Section 11-1-4950: Water C Drought Response Measures (a) The city manager will implement the drought response measures under this section after twenty-four hours' public notice or upon publication in a newspaper of daily circulation in the city, whichever occurs first, whenever in the manager's reasonable judgment such measures are necessary to maintain, conserve, replenish, or protect the water supply of the city. The manager shall determine the extent and duration of any drought response measures implemented. Nothing in this section shall be deemed to limit or restrict the emergency powers of the manager under section 11-1-28, "Water Restrictions in Case of Emergency," B.R.C. 1981. (b) The provisions of this section apply to all users of water supplied through the water utility of the city, including, without limitation, customers of anV water district or any public or private water supply company to which the city provides water. (ca) The city manager shall prohibit or restrict the use of water from the water utility or from any other source of water owned by the city. (bd) The city manager may ir+poseimplement +or~drouaht response measures, including, without limitation, the following: (1) Reduce customer monthly water budgets during a drought for all customer classes and accounts, including municipal (city departments) accounts. Water budgets will be reduced by percentages specific to indoor allocations and outdoor allocations in amounts appropriate for each customer class and account as necessary to achieve the overall water use reduction levels that are shown by water modeling to be required for achieving the water system reliability criteria, in accordance with the City of Boulder Drought Plan and rules and regulations. (2) Adjust water rates, as prescribed in section 4-20-25, "Monthly Water User Chargers", B.R.C. 1981, as needed to maintain the revenue stability of the s sy tem. 3 (3) Impose drought surcharges on water use for customer classes and accounts as appropriate for each customer class. Drought surcharges may be in the form of a penalty rate or additional fee applied to the volume of water used in a given water budget rate block. The drought surcharge corresponding to the appropriate Drought Alert Stage shall be added to the block rate whenever the city manager determines that a particular Drought Alert Stage exists, in accordance with the City of Boulder Drought Plan and the rules and regulations. (4) Impose additional fees on customers who have water use in the higher rate blocks (i.e., blocks 4 and 5) for three or more consecutive months. (5) Provide access to real time information to customers on their water use in order to allow the customer to better monitor their water use. (6) Other water use limitations as may be included in the rules and regulations or as may be deemed appropriate by the city manager to address the occurrence of critical water supply shortages, including use of measures to encourage compliance with the limitations. ' Formatted: Indent: Left: 0.5" any other stn int, ira nn a snherb de established by the manager. (3) Restrictions on yehinle washinn innluJinn without limitation the restrintinn a, itmmatin sh, it-off nnzzln hi it not with any free _running horn (4) RestFiGtiens on the hours during WhiGh wateF may be utilized for outside X57) A moratorium on out-of-city water permits under which no new permits to Formatted: Indent: Left: 0.5", Don't adjust take or use water from the water utility of the city to serve property located space between Latin and Asian text outside the city's corporate limits are issued, notwithstanding the provisions of section 11-1-15, "Out-of-City Water Service," B.R.C. 1981. (98) If the city manager imposes a moratorium on out-of-city water permits, the - Formatted: Indent: Left: 0s" manager may, upon recommendation of the director of public works for utilities, permit special requests to the city council and only upon a written finding of extreme hardship resulting in immediate danger to life or property. The manager may impose such reasonable conditions upon the grant of any exception authorized herein as the manager deems advisable. 4 Section 11-1-5951: Special Permits (a) If the city manager imposes daily er hourly WateriRg restri ti~water use limitations, the manager may issue special permits to address extraordinary water use needs of an individual customer, upon recommendation of the ddirector of public works for uutilities-,. as follows: fourteen consecutive days; twenty five GGn6eGutive days, (3) For peried watering of outside Me& at nwseiies, .eenhouses, and steFes~ (4 ) When there are r-,orn-urnstann-es that d-n- Rot peirmit a water u-ster to deliver user's premises, if the wateF user submits a plaR rdesr.rih*Rg the a a to be •e d and the method to be used to deliver an adeg gate amount of wateF, afad (5) For water ceherduJos otheRyice prohibited in cosec of a clear and pre-sent hardship. (b) An applicant for a special permit shall pay the special permit fee prescribed by section 4-20-23, "Water Permit Fees," B.R.C. 1981, and apply in writing on forms provided by the city manager that contain the following information: the reasons for requesting the permit; the period of time for which the permit is requested; the area or address of the premises to which such permit applies; for permit is requested aR d a .desGriptiG of the methe d to be e d to del,vel- _an adequate argyle, int Af water- ~thR, a-rr and such other applicable information as the manager may reasonably request in order to review the application. (c) The application shall be submitted to the director of public works for utilities, who shall review all requests for special permits and forward a copy of the application and a recommendation thereon to approve, deny, or approve with conditions to the city manager for final review, approval, denial, or approval with conditions. If the manager denies the application or approves it with conditions, the applicant may, within five days of receiving the decision, request a hearing before the manager under the procedures prescribed by chapter 1-3, "Quasi- Judicial Hearings," B.R.C. 1981, except that the manager shall hold the hearing within twenty-one days of the date of the applicant's written request. The hearing officer shall not be the same person who denied the application. en the pFemises to which the permit applies 69 that iti from the street in front of or abutting the premises 5 (ed) No person who holds a special permit shall transfer that permit from the premises for which the permit is issued to any other premises or location. Any attempt to do so voids the permit. (fe) If any person holding a permit under this section violates any condition of the permit, the city manager may revoke the permit, after affording the permittee an opportunity for a hearing under chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981. Before such hearing, the manager may suspend the permit for up to twenty days, if the manager finds that the public health, safety, and welfare requires such suspension. (gf) The city manager may establish such additional procedures as deemed necessary for the review and processing of special permit applications. (hq) The city manager may establish a moratorium on the issuance of some or all of the special permits authorized by this section. Ordinance Nos. 5425 (1991); 7215 (2002) Section 11-1-5452: Enforcement of Wa Drouqht Response Measures No owner and no occupant of a premises receiving municipal water shall fail to comply with the provisions of pt.ons 11-1-25sections 11-1-27, "Duty to Maintain Service Lines and Fixtures and to Avoid Waste of Water," 11-1-48, "Water Conservation Program," 44-1--4911-1-50, ' Drought Response Measures," and 11-4-5011-1-51, "Special Permits," B.R.C. 1981. Violations of the provisions of these sections during any time when water drought response measures have been imposed by the city manager pursuant to section 11- 1-49, "Water Declaring a Drought Alert Stage," B.R.C. 1981, are subject to imposition of the following penalties: (a) Administrative Charges: (1) For a first violation within a twelve-month period, the city manager shall notify the owner or owner's representative in writing of the violation and inform such owner or owner's representative that a monetary charge may be assessed for subsequent violations. that a $50.00 v/ater %.va-ste charge 6 due, payable, and of +ho o+'n (2) For a second violation within a twelve-month period at the same premises, the city manager shall notify the owner in writing of the violation and that a $490100.00 water waste charge is due, payable, and collectable pursuant to the provisions of this chapter within ten days of the date of the notice. 6 (3) For a third or any subsequent violation within a twelve-month period at the same premises, the city manager shall notify the owner in writing of the violation and that a $399300.00 water waste charge is due, payable, and collectable pursuant to the provisions of this chapter within ten days of the date of the notice. (4) The notice of the water waste charge shall be served no later than thirty days after the city manager learns of the violation and the identity of the owner of the property. Service shall be upon the owner of the property in person or by first class or certified mail addressed to the last known owner of the property on the records of the Boulder County Assessor. The manager may send copies of the notice to such occupants of the property or agents of the owner as the manager deems useful. The notice shall advise the owner of the right to a hearing under paragraph (a)(5) of this section, and that if payment of the water waste charge is not received by the city or a hearing requested within the ten days, the water waste charge, together with a $15.00 administrative processing fee, will appear on the next regular water bill. (5) The owner of the property notified of a water waste charge, or any agent of the owner authorized in writing by the owner, may file a written request for a hearing regarding the factual basis for imposing the charge with the municipal court within ten days of the date of the notice. The request must identify the notice being appealed by attaching a copy or otherwise identifying it, and shall contain the name, address, and telephone number of the person to whom notice of the date, time, and place of the hearing should be given. Filing occurs when the municipal court receives the request. The hearing shall be conducted in accordance with chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, before a judge or a hearing officer appGiRted by then sidiRg „ judge of the RiGipal ^ Ff The city bears the burden of establishing the factual basis for imposing the water waste charge by a preponderance of the evidence, and if that basis is established the hearing officer shall order the charge paid within ten days, subject to the $15.00 administrative fee and the collection procedures of this chapter if not paid within that time. Failure to request a hearing within the time provided or attend any such hearing constitutes a waiver of the right to such hearing and a determination of all issues then existing as supporting the factual basis for imposing the water waste charge. (b) Additional Remedies: After three notices of -a Aiaterv.,aste ^harge have been served upon an owner for violation of any of the provisions of subsection 1 111- 1-27{x3, B.R.C. 1981, concerning the duty to maintain service lines and fixtures, or sections 11-1-48, "Water Conservation Program," and 41-44911-1-50, "Water Sef}sewatF.4RDrought Response Measures," B.R.C. 1981, within any twelve-month period, in addition to or in lieu of a further notice of a water waste charge the city manager may, in the manager's discretion: (1) Cut Off Water: Suspend water service to the premises for a period of time not to exceed thirty days after giving notice and an opportunity for a hearing in 7 accordance with chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981. The owner of the premises is responsible for paying the charges prescribed by section 4-20- 24, "Water Service Fees," B.R.C. 1981, for termination of service and for resumption of service before service, if suspended, is resumed. The manager may reduce the period of suspension or hold a threatened suspension in abeyance if the owner presents and implements a plan acceptable to the manager to prevent further violations; and (2) Criminal Penalties: Prosecute violators in municipal court pursuant to the provisions of section 5-2-4, "General Penalties," B.R.C. 1981, and the normal procedures of a municipal court prosecution. (3) Proof of Evidence: In order for the manager to proceed under this subsection it is sufficient that the manager prove, by a preponderance of the evidence, that the three predicate notices were properly served and that they were for alleged violations which all took place within twelve months of each other. Section 4-20-24. Water Service Fees. A person shall pay the following charges for water services: (a) To terminate water service 29.00 (b) To deliver water service termination notice ...........................................$12.00 (c) To remove water meter ...........................................$55.00 (d) To reset water meter ...........................................$48.00 (e) To resume water service ...........................................$27.00 (f) To resume water service after 3:00 p.m. weekends or holidays $59.00 (g) Special meter read ...........................................$35.00 (h) To test meter and meter tests accurate ...........................................$50.00 (i) Water monitors .........................................$200.00 Ordinance Nos. 4946 (1985); 5068 (1987); 5150 (1988); 5240 (1989); 5341 (1990); 5425 (1991); 5525 (1992); 5676 (1994); 5760 (1995); 5835 (1996); 7439 (2005); 7495 (2006); 7564 (2007); 7629 (2008) 8 Section 4-20-25. Monthly Water User Charges. (a) Treated water monthly service charges: Meter Size Inside City' Outside City 3/" $ 8.55 $ 12.81 ill 14.62 21.93 2 31.93 147.89 2" 56.20 :84-29 3" 125.46 188.18 4" 222.40 333.61 6" 499.55 749.33 8" 887.53 11,331.29 (b) Treated water quantity charges: (1) Block Rate Structure: Block Rates (per thousand Block Size gallons of water) of monthly water budget) Block 1 $2.06 I0-60% Block 2 2.75 161-100% Block 3 5.50 101 - 150% Block 4 8.25 151 - 200% Block 5 13.75 Greater than 200% (2) Definitions: (A) "Block Rate Structure" is the water budget rate structure which includes Blocks 1-5. These blocks represent an increasing block rate structure such that the price of water increases as more water is used, particularly when the amount of water used exceeds the customer's water budget. This rate structure is intended to: • promote water conservation and the efficient use of water; • support community goals; • reflect the value of water; 9 • send a price signal to customers who waste water; • recover needed revenues for administration, operations, maintenance, capital projects, debt payments and reserves for the water utility; • avoid additional costs of new water development; and • avoid additional costs of new and expanded water treatment. The rate structure provides an individualized water budget to each customer that is expected to meet the customer's specific water needs. The revenues generated from the block rate structure will be used to satisfy the quantity charge portion of the basic revenue requirements of the water utility. (B) "Monthly water budget" means the amount of water allocated to the water utility customers to meet their anticipated watering needs for the month. The monthly water budget shall be the indoor and/or outdoor allocation for each water utility customer. The allocation shall be based on reasonable and necessary indoor and/or outdoor use, water conservation, and other relevant factors associated with water use in the city. The allocations shall be defined by rules and guidelines issued by the city manager. water Utility GUIStOmfer's. In the ef the apprepFiate Drought AIeFt Stage, the supply fbr that partiGular water year, plu6 a reas9nable an;cwRt of water re6ep~ed fe future ears, t *6 RescssaFy to-GIe6lare the annr„nriato nmught leFtStage Tess drought stages aRd the related Fespenses shall be defined by rules and guidelines ctreomflows during the spring runoff period-, (3) Bouldpr'r, water demand; (il) other appropriate data and operating evnerienne- onrl (5) QeRseniation r c to a°ot' rlreught Alert gtage (dc) Bulk water and metered hydrant rate: $8.00 per thousand gallons of water used. (Service charges do not apply.) led) Irrigation water leased on an annual basis: Colorado Big Thompson $29.00 per acre foot, all other based on cost of assessment plus ten percent administrative fee or $29.00 per acre foot, whichever is greater. 10 Ordinance Nos. 5068 (1987); 5106 (1988); 5158 (1988); 5240 (1989); 5377 (1991); 5426 (1991); 5526 (1992); 5676 (1994); 5760 (1995); 5835 (1996); 7270 (2003); 7359 (2004); 7439 (2005); 7495 (2006); 7564 (2007); 7629 (2008) 11 ATTACHMENT B: Clean Copy of Proposed Changes to Boulder Revised Code to Incorporate Drought Plan and Waste of Water (October 11, 2010) 11-1-25: Duty to Maintain Backflow Prevention Assembly and Prevent Cross Connection (a) No owner of any property connected to the water utility shall allow any cross- connection to the water utility, unless there is provided an approved backflow prevention assembly commensurate to the potential hazard. No person working on a water line connected to the water utility shall make a cross-connection, unless there is provided an approved backflow prevention assembly commensurate to the potential hazard. No person shall fail to comply with all regulations promulgated by the city manager for the implementation of this chapter. (b) No person shall tamper with, modify, or in any way damage any backflow prevention assembly. (c) No person shall manufacture, install, maintain or sell a backflow prevention assembly that does not meet the requirements of section 5.11 of the City of Boulder Design and Construction Standards. (d) If an inspection is requested by an owner or required by this section, a backflow prevention assembly testing or inspection fee or a cross-connection control inspection fee shall be assessed. Such fee shall be a direct charge to owners or lessees of premises subject to this section for the recovery of costs related to the administration of this section and to the inspection and testing of such assemblies performed by the city. The charges for such services are prescribed in section 4-20- 23, "Water Permit Fees," B.R.C. 1981. Ordinance Nos. 5875 (1997); 7024 (1999) 11-1-26 Permit Required for Changing or Increasing Fixtures. No plumber or any water user shall install or replace any plumbing fixture using water from the water utility without first obtaining a plumbing permit therefore that states the number and character of each fixture, appliance, or apparatus to be installed or replaced.4 11-1-27: Duty to Maintain Service Lines and Fixtures and to Avoid Waste of Water (a) No owner of any property connecting to the water utility shall fail to maintain the water service line from the meter pit to the structure being served and to keep the line in good condition at the owner's expense. 1 (b) No owner of such property shall fail to keep all pipes, fixtures, and appliances on the property tight and in good working order so as to prevent waste of water. Exceeding a properly determined water budget is a presumptive waste of water. Section 11-1-28: Water Restrictions in Case of Emergency In the event of a major fire or any other emergency that requires the immediate curtailment of the use of water from the water utility, the city manager may make such restrictions as the manager deems necessary for the protection of the public. Section 11-1-48: Water Conservation Program The water conservation program will be an ongoing effort to promote efficient water use that is compatible with the city's water supply system, water resource management strategy and the values of the community. The water conservation program will create incentives for water conservation by users of the water supply of the city, to prevent unnecessary depletion of the raw and treated water supply of the city, to attempt to supply a continuing level of satisfactory service to existing water utility customers, and to insure the city's ability to meet the present and future basic water needs of the city's residents and will be implemented pursuant to the City of Boulder Water Conservation Plan. Section 11-1-49: Declaring a Drought Alert Stage (a) Drought Alert Stages, as designated in the City of Boulder Drought Plan, are timing mechanisms for specific drought responses for all water utility customers. In the determination of the appropriate Drought Alert Stage, the city manager shall make a finding that in order to ensure an adequate amount of water supply for that particular water year, plus a reasonable amount of water reserved for future years, it is necessary to declare the appropriate Drought Alert Stage. These drought stages and the related responses shall be specified in the City of Boulder Drought Plan and in the rules and regulations issued by the manager. (b) Depending on the severity of the drought and which Drought Alert Stage is declared, the city manager may impose drought response measures to reduce the use of water in accordance with the provisions of section 11-1-50, "Drought Response Measures," B.R.C. 1981. (c) Once conditions allow, the need for drought response measures will officially be ended by the city manager and the city will restore water budgets to non-drought levels, remove drought surcharges and discontinue administrative charges or other remedies for certain types of water use that were limited during the drought. Section 11-1-50: Drought Response Measures (a) The city manager will implement the drought response measures under this section after twenty-four hours' public notice or upon publication in a newspaper of daily circulation in the city, whichever occurs first, whenever in the manager's 2 reasonable judgment such measures are necessary to maintain, conserve, replenish, or protect the water supply of the city. The manager shall determine the extent and duration of any drought response measures implemented. Nothing in this section shall be deemed to limit or restrict the emergency powers of the manager under section 11-1-28, "Water Restrictions in Case of Emergency," B.R.C. 1981. (b) The provisions of this section apply to all users of water supplied through the water utility of the city, including, without limitation, customers of any water district or any public or private water supply company to which the city provides water. (c) The city manager shall prohibit or restrict the use of water from the water utility or from any other source of water owned by the city. (d) The city manager may implement drought response measures, including, without limitation, the following: (1) Reduce customer monthly water budgets during a drought for all customer classes and accounts, including municipal (city departments) accounts. Water budgets will be reduced by percentages specific to indoor allocations and outdoor allocations in amounts appropriate for each customer class and account as necessary to achieve the overall water use reduction levels that are shown by water modeling to be required for achieving the water system reliability criteria, in accordance with the City of Boulder Drought Plan and rules and regulations. (2) Adjust water rates, as prescribed in section 4-20-25, "Monthly Water User Chargers", B.R.C. 1981, as needed to maintain the revenue stability of the system. (3) Impose drought surcharges on water use for customer classes and accounts as appropriate for each customer class. Drought surcharges may be in the form of a penalty rate or additional fee applied to the volume of water used in a given water budget rate block. The drought surcharge corresponding to the appropriate Drought Alert Stage shall be added to the block rate whenever the city manager determines that a particular Drought Alert Stage exists, in accordance with the City of Boulder Drought Plan and the rules and regulations. (4) Impose additional fees on customers who have water use in the higher rate blocks (i.e., blocks 4 and 5) for three or more consecutive months. (5) Provide access to real time information to customers on their water use in order to allow the customer to better monitor their water use. (6) Other water use limitations as may be included in the rules and regulations or as may be deemed appropriate by the city manager to address the occurrence of critical water supply shortages, including use of measures to encourage compliance with the limitations. 3 (7) A moratorium on out-of-city water permits under which no new permits to take or use water from the water utility of the city to serve property located outside the city's corporate limits are issued, notwithstanding the provisions of section 11-1- 15, "Out-of-City Water Service," B.R.C. 1981. (8) If the city manager imposes a moratorium on out-of-city water permits, the manager may, upon recommendation of the director of public works for utilities, permit special requests to the city council and only upon a written finding of extreme hardship resulting in immediate danger to life or property. The manager may impose such reasonable conditions upon the grant of any exception authorized herein as the manager deems advisable. Section 11-1-51: Special Permits (a) If the city manager imposes water use limitations, the manager may issue special permits to address extraordinary water use needs of an individual customer, upon recommendation of the director of public works for utilities. (b) An applicant for a special permit shall pay the special permit fee prescribed by section 4-20-23, "Water Permit Fees," B.R.C. 1981, and apply in writing on forms provided by the city manager that contain the following information: the reasons for requesting the permit; the period of time for which the permit is requested; the area or address of the premises to which such permit applies; and such other applicable information as the manager may reasonably request in order to review the application. (c) The application shall be submitted to the director of public works for utilities, who shall review all requests for special permits and forward a copy of the application and a recommendation thereon to approve, deny, or approve with conditions to the city manager for final review, approval, denial, or approval with conditions. If the manager denies the application or approves it with conditions, the applicant may, within five days of receiving the decision, request a hearing before the manager under the procedures prescribed by chapter 1-3, "Quasi- Judicial Hearings," B.R.C. 1981, except that the manager shall hold the hearing within twenty-one days of the date of the applicant's written request. The hearing officer shall not be the same person who denied the application. (d) No person who holds a special permit shall transfer that permit from the premises for which the permit is issued to any other premises or location. Any attempt to do so voids the permit. (e) If any person holding a permit under this section violates any condition of the permit, the city manager may revoke the permit, after affording the permittee an opportunity for a hearing under chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981. Before such hearing, the manager may suspend the permit for up to twenty 4 days, if the manager finds that the public health, safety, and welfare requires such suspension. (f) The city manager may establish such additional procedures as deemed necessary for the review and processing of special permit applications. (g) The city manager may establish a moratorium on the issuance of some or all of the special permits authorized by this section. Ordinance Nos. 5425 (1991); 7215 (2002) Section 11-1-52: Enforcement of Drought Response Measures No owner and no occupant of a premises receiving municipal water shall fail to comply with the provisions of sections 11-1-27, "Duty to Maintain Service Lines and Fixtures and to Avoid Waste of Water," 11-1-48, "Water Conservation Program," 11- 1-50, "Drought Response Measures," and 11-1-51, "Special Permits," B.R.C. 1981. Violations of the provisions of these sections during any time when drought response measures have been imposed by the city manager pursuant to section 11- 1-49, "Declaring a Drought Alert Stage," B.R.C. 1981, are subject to imposition of the following penalties: (a) Administrative Charges: (1) For a first violation within a twelve-month period, the city manager shall notify the owner or owner's representative in writing of the violation and inform such owner or owner's representative that a monetary charge may be assessed for subsequent violations. (2) For a second violation within a twelve-month period at the same premises, the city manager shall notify the owner in writing of the violation and that a $100.00 water waste charge is due, payable, and collectable pursuant to the provisions of this chapter within ten days of the date of the notice. (3) For a third or any subsequent violation within a twelve-month period at the same premises, the city manager shall notify the owner in writing of the violation and that a $300.00 water waste charge is due, payable, and collectable pursuant to the provisions of this chapter within ten days of the date of the notice. (4) The notice of the water waste charge shall be served no later than thirty days after the city manager learns of the violation and the identity of the owner of the property. Service shall be upon the owner of the property in person or by first class or certified mail addressed to the last known owner of the property on the records of the Boulder County Assessor. The manager may send copies of the notice to such occupants of the property or agents of the owner as the manager 5 deems useful. The notice shall advise the owner of the right to a hearing under paragraph (a)(5) of this section, and that if payment of the water waste charge is not received by the city or a hearing requested within the ten days, the water waste charge, together with a $15.00 administrative processing fee, will appear on the next regular water bill. (5) The owner of the property notified of a water waste charge, or any agent of the owner authorized in writing by the owner, may file a written request for a hearing regarding the factual basis for imposing the charge with the municipal court within ten days of the date of the notice. The request must identify the notice being appealed by attaching a copy or otherwise identifying it, and shall contain the name, address, and telephone number of the person to whom notice of the date, time, and place of the hearing should be given. Filing occurs when the municipal court receives the request. The hearing shall be conducted in accordance with chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, before a judge or a hearing officer. The city bears the burden of establishing the factual basis for imposing the water waste charge by a preponderance of the evidence, and if that basis is established the hearing officer shall order the charge paid within ten days, subject to the $15.00 administrative fee and the collection procedures of this chapter if not paid within that time. Failure to request a hearing within the time provided or attend any such hearing constitutes a waiver of the right to such hearing and a determination of all issues then existing as supporting the factual basis for imposing the water waste charge. (b) Additional Remedies: After three notices have been served upon an owner for violation of any of the provisions of subsection 11-1-27, B.R.C. 1981, concerning the duty to maintain service lines and fixtures, or sections 11-1-48, "Water Conservation Program," and 11-1-50, "Drought Response Measures," B.R.C. 1981, within any twelve-month period, in addition to or in lieu of a further notice of a water waste charge the city manager may, in the manager's discretion: (1) Cut Off Water: Suspend water service to the premises for a period of time not to exceed thirty days after giving notice and an opportunity for a hearing in accordance with chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981. The owner of the premises is responsible for paying the charges prescribed by section 4-20- 24, "Water Service Fees," B.R.C. 1981, for termination of service and for resumption of service before service, if suspended, is resumed. The manager may reduce the period of suspension or hold a threatened suspension in abeyance if the owner presents and implements a plan acceptable to the manager to prevent further violations; and (2) Criminal Penalties: Prosecute violators in municipal court pursuant to the provisions of section 5-2-4, "General Penalties," B.R.C. 1981, and the normal procedures of a municipal court prosecution. 6 (3) Proof of Evidence: In order for the manager to proceed under this subsection it is sufficient that the manager prove, by a preponderance of the evidence, that the three predicate notices were properly served and that they were for alleged violations which all took place within twelve months of each other. Section 4-20-24. Water Service Fees. A person shall pay the following charges for water services: (a) To terminate water service 29.00 (b) To deliver water service termination notice ...........................................$12.00 (c) To remove water meter ...........................................$55.00 (d) To reset water meter ...........................................$48.00 (e) To resume water service ...........................................$27.00 (f) To resume water service after 3:00 p.m. weekends or holidays $59.00 (g) Special meter read ...........................................$35.00 (h) To test meter and meter tests accurate ...........................................$50.00 (i) Water monitors .........................................$200.00 Ordinance Nos. 4946 (1985); 5068 (1987); 5150 (1988); 5240 (1989); 5341 (1990); 5425 (1991); 5525 (1992); 5676 (1994); 5760 (1995); 5835 (1996); 7439 (2005); 7495 (2006); 7564 (2007); 7629 (2008) Section 4-20-25. Monthly Water User Charges. (a) Treated water monthly service charges: Meter Size Inside City Outside City 3/4" $ 8.55 $ 12.81 ill 14.62 21.93 1'/2' 31.93 47.89 2" 56.20 84.29 3" 125.46 188.18 7 4" 222.40 333.61 6" 499.55 749.33 81' 887.53 1,331.29 (b) Treated water quantity charges: (1) Block Rate Structure: Block Rates (per thousand Block Size gallons of water) of monthly water budget) Block 1 $2.06 --FO-60% Block 2 2.75 F61 - 100% Block 3 5.50 101 - 150% Block 418.25 151 - 200% Block 5 13.75 Greater than 200% (2) Definitions: (A) "Block Rate Structure" is the water budget rate structure which includes Blocks 1-5. These blocks represent an increasing block rate structure such that the price of water increases as more water is used, particularly when the amount of water used exceeds the customer's water budget. This rate structure is intended to: • promote water conservation and the efficient use of water; • support community goals; • reflect the value of water; • send a price signal to customers who waste water; • recover needed revenues for administration, operations, maintenance, capital projects, debt payments and reserves for the water utility; • avoid additional costs of new water development; and • avoid additional costs of new and expanded water treatment. The rate structure provides an individualized water budget to each customer that is expected to meet the customer's specific water needs. The revenues generated from the block rate structure will be used to satisfy the quantity charge portion of the basic revenue requirements of the water utility. 8 (B) "Monthly water budget" means the amount of water allocated to the water utility customers to meet their anticipated watering needs for the month. The monthly water budget shall be the indoor and/or outdoor allocation for each water utility customer. The allocation shall be based on reasonable and necessary indoor and/or outdoor use, water conservation, and other relevant factors associated with water use in the city. The allocations shall be defined by rules and guidelines issued by the city manager. (c) Bulk water and metered hydrant rate: $8.00 per thousand gallons of water used. (Service charges do not apply.) (d) Irrigation water leased on an annual basis: Colorado Big Thompson $29.00 per acre foot; all other based on cost of assessment plus ten percent administrative fee or $29.00 per acre foot, whichever is greater. Ordinance Nos. 5068 (1987); 5106 (1988); 5158 (1988); 5240 (1989); 5377 (1991); 5426 (1991); 5526 (1992); 5676 (1994); 5760 (1995); 5835 (1996); 7270 (2003); 7359 (2004); 7439 (2005); 7495 (2006); 7564 (2007); 7629 (2008) 9