050 of 2003 - Relating to the preparation & implementation of a water shortage contingency plan & related civil fi • 0 03-1
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SALT LAKE CITY ORDINANCE
No. 50 of 2003
(Enacting new Sections 17.16.092 and 17.16.792, relating to a Water Shortage Contingency
Plan, and related civil fines.)
AN ORDINANCE ENACTING NEW SECTIONS 17.16.092 AND 17.16.792,
RELATING TO THE PREPARATION AND IMPLEMENTATION OF A WATER
SHORTAGE CONTINGENCY PLAN AND RELATED CIVIL FINES.
Be it ordained by the City Council of Salt Lake City,Utah:
SECTION 1. Section 17.16.092 of the Salt Lake City Code is hereby enacted, to read as
follows:
17.16.092 Water Shortage Management
A. Declaration of Policy. Given the prevailing semi-arid climate of the region, the
limited water resources available to Salt Lake City, and the vitally important role an adequate
supply of municipal and industrial (M&I)water plays in maintaining a healthy and safe
environment in the community, it is hereby declared to be the policy of Salt Lake City that,
during times of water shortage caused by drought, facilities failure or any other condition or
event, M&I water usage within the City's water service area shall be managed, regulated,
prioritized and restricted in such a manner as to prevent the wasteful or unreasonable use of
water, and to preserve at all times an adequate supply of M&I water for essential uses.
B. Water Shortage Contingency Plan. The Director of the Department of Public
Utilities shall cause to be prepared and implemented a Water Shortage Contingency Plan (the
"Plan"). Such Plan may be included as part of, or prepared separately from,the Water
Conservation Master Plan provided for in Section 78-10-32,Utah Code Annotated, and shall be
revised from time to time as conditions and circumstances warrant. The Plan shall, among other
things (i) establish graduated stages of water shortage severity, and(ii) establish appropriate
M&I water use restriction response measures for each stage. The Plan shall include guidelines
and criteria for determining the appropriate stage to be implemented under various water supply,
delivery, and demand conditions. Each Plan stage of water shortage, and the accompanying use
restrictions, shall be implemented by declaration of the Mayor, upon the advice and
recommendation of the Director pursuant to the Plan guidelines.
C. Compliance. Compliance with the water use restriction response measures
called for under any applicable Plan stage may be either recommended or mandatory, as
specified in the Plan. The Plan may not provide for mandatory restrictions on residential or
commercial customers until either(i)the projected water supply from all sources is sixty(60)
percent or less of the average annual water supply, or(ii) the Director otherwise determines that,
in the exercise of his or her best professional judgment, the City is unable to meet anticipated
essential water needs without implementing such mandatory measures.
D. Enforcement.The Director shall enforce compliance with all mandatory response
measures set forth in the Plan through the imposition and collection of civil fines, as provided in
Section 17.16.792 of this Code. Nothing herein or in Section 17.16.792 shall prevent the City
from exercising any other available means, either in law or equity, of enforcing compliance with
the Plan.
E. Plan Non-Exclusive. The creation and implementation of the Plan shall be in
addition to, and not exclusive of, any other steps taken by the City from time to time to conserve
water or manage limited water supplies, including Mayoral proclamations issued pursuant to
Section 17.16.080.
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SECTION 2. Section 17.16.792 of the Salt Lake City Code is hereby enacted,to read as
follows:
17.16.792 Water Shortage Contingency Plan-Civil Fines
A. Any customer of the City's municipal and industrial water system found to be in
violation of any mandatory water use restriction in effect from time to time under the Water
Shortage Contingency Plan established under Section 17.16.092, shall be subject to the
following maximum civil fines:
First violation: $100
Second violation: $250
Third violation: $500
Fourth violation and thereafter: $1,000
The violation level shall be based on violation history for the preceding 12 months. A
civil fine for a customer's first violation shall be imposed only after the issuance of a written
warning to such customer. Any civil fine based on a violation susceptible to corrective action
shall be imposed only after failure by the customer to take such corrective action within a
reasonable period of time, as determined by the Director, taking into account the nature of the
action needed and the anticipated cost. "Customer" for purposes of this Section 17.16.792 and
Section 17.16.092 of the Salt lake City Code, shall mean and include any person responsible,
whether by ordinance or by contract between the city and such person, to pay the water charges
on any account for use of water from the city's municipal and industrial water treatment and
distribution system, whether the location at which such water is used is situated within or outside
of the corporate limits of the city. It is the intent of the city that compliance with the provisions
of Section 17.16.092, as enforced pursuant to this Section, by customers situated outside of the
corporate limits of the city shall be a contractual condition of continued water service.
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B. Any customer subject to a civil fine under this Section shall be notified by the
Director, in writing, of the date,nature, and circumstances of the violation,which notification
shall be delivered by posting such notice at a conspicuous location on the property, and by
mailing notice, by certified mail,no more than 15 calendar days after the date of occurrence of
the violation. The notice shall advise the customer of his/her right to protest the fine to a hearing
officer,which shall be the Director or his or her designee,within ten business days after receipt
of the notice. The hearing officer shall have the authority to adjust the fine to take into account
any extenuating circumstances. Any determination by the hearing officer may be appealed to a
three (3)member Water Shortage Appeals Panel. The City Council shall designate three (3)
members of the Public Utilities Advisory Committee to serve on the Panel; provided,however,
that the Director may designate other members of the PUAC to serve as alternates as needed. All
decisions of the Water Shortage Appeals Panel shall be final.
C. All fines collected pursuant to this Section shall be set aside in a segregated fund
within the Public Utilities Enterprise Fund, and used exclusively for paying all or a portion of the
costs and expenses incurred by the City in connection with the implementation and
administration of the Plan and other elements of the City's water conservation program.
SECTION 4. This ordinance shall take effect immediately upon the date of its first
publication.
Passed by the City Council of Salt Lake City,Utah this 8th day of July ,
2003.
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CHAIRPER
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ATTEST:
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CHIEF DEPUTY TY CORDER
Transmitted to Mayor on July 9, 2003
Mayor's Action: Approved. Vetoed.
YOR
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CHIEF DEPUTY TY CORDER- APPROVED AS TO FC-:M
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Bill No. 50 of 2003.
Published: July 21 2003 . "*����'•-`�".. " R
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