EXHIBIT 3-A
DRAFT
ORDINANCE NO. 137
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE
MONTEREY PENINSULA
WATER MANAGEMENT DISTRICT
AMENDING BASELINE
WATER CONSERVATION REQUIREMENTS
1.
The Monterey Peninsula Water Management District is
charged under the Monterey Peninsula Water Management District Law with the
integrated management of the ground and surface water resources in the
2. The Water Management District has general and specific power to cause and implement water conservation activities as set forth in Sections 325 and 328 of the Monterey Peninsula Water Management District Law.
3. This ordinance amends the water conservation requirements for new construction, additions and remodels to increase water conservation savings.
4. This ordinance amends the mandatory retrofit requirements for change of ownership and use, and expansion of use to increase water conservation savings.
5. New water conservation equipment and retrofits have become reasonably available since the District adopted its mandatory water conservation regulation in 1987 and since requirements for Visitor-Serving Facilities were added in 1997. This ordinance recognizes newer water conservation technology.
6.
Water conservation is a necessary component to
the management and protection of water resources on the
7.
The district recognizes that additional water
conservation retrofits are essential to meet the restrictions of California
State Water Resources Control Board Order No. WR 95-10. This ordinance increases water conservation
on the
8. The District recognizes that additional water conservation retrofits are necessary to meet the limitations of the Seaside Basin Adjudication decision.
9. This ordinance amends Rule 11 to add definitions for Pre-Rinse Spray Valve, PSI, and Self Regenerating Water Softener.
10. This ordinance amends the definition for Low Water Use Plumbing Fixtures.
11. This ordinance deletes Rule 140, Purpose; Rule 149, Enforcement; Rule 150, Civil Nuisance; Rule 151, Cost of Enforcement; Rule 152, Remedies Cumulative; and Rule 153 Severability. These rules are either part of the ordinance adoption process or are duplicative with other District Rules.
12. This ordinance amends the Low Water Use Plumbing Fixture Standards shown in Rule 142.
13. This ordinance amends the retrofit and new construction requirements for Water Permits issued pursuant to Water Permit applications received after November 1, 2008.
14. This ordinance amends the water conservation standards for New Construction and Remodels to include a maximum water pressure standard, requirements for High Efficiency Toilets, Zero Water Consumption Urinals in Non-Residential uses, updated standards for showerheads(2.2 gallons per minute (gpm)) and faucet aerators (1.5 gpm), Instant-Access Hot Water Systems in Residential uses, prohibition on Self-Regenerating Water Softeners for New Construction, Smart Irrigation System requirement including rain sensors for New Construction, and Cistern or Rainwater Collection Systems in New Construction.
15. This ordinance excludes Change of Ownership, Change of Use, and Expansion of Use from the requirement to install rainwater collection or Cistern Systems.
16. This ordinance requires Non-Residential New Construction to install automatic sensor faucets or self-closing faucets when there is more than one Washbasin in a room.
17. This ordinance requires Non-Residential New Construction to install automatic shut-off or timer controlled showers in rooms with multiple showers and sets a time standard for these fixtures.
18. This ordinance requires Instant-Access Hot Water Systems in Non-Residential New Construction when the building includes a hot water system.
19. This ordinance prohibits evaporative coolers without recirculation pumps, water cooled refrigeration and cooling systems, and urinals designed to flush with water in Non-Residential New Construction.
20. This ordinance amends Rule 143, Retrofit of Existing Commercial Uses, to require Visitor-Serving Facilities to be retrofitted with Zero Water Consumption Urinals, Low Consumption Washing Machines and water efficient ice machines by December 31, 2010.
21. This ordinance amends Rule 143, Retrofit of Existing Commercial Uses, to require all Non-Residential Water Users within the District to be exclusively retrofitted with High Efficiency Toilets, except where 1.6 gpf toilets were installed prior to November 1, 2008.
22. This ordinance amends Rule 143, Retrofit of Existing Commercial Uses, to require Non-Residential laundry facilities to operate exclusively with Low Water Consumption Washing Machines by December 31, 2011.
23. This ordinance amends Rule 143, Retrofit of Existing Commercial Uses, to require Non-Residential car washes to recycle and reuse a minimum of 50 percent of the water used in the wash and rinse cycles.
24. This ordinance amends Rule 143, Retrofit of Existing Commercial Uses, to require Mobile Water Distribution Systems to use a water meter at the source of supply.
25. This ordinance amends Rule 143, Retrofit of Existing Commercial Uses, to require Non-Residential facilities to use water efficient Pre-Rinse Spray Valves by December 31, 2009.
26. This ordinance adds mobile homes, fractional ownership and timeshares to the District’s retrofit upon Change of Ownership requirements.
27. This ordinance amends the Change of Ownership, Change of Use, and Expansion of Use retrofit requirements to include water pressure standards, High Efficiency Toilet retrofits, new standards for showerheads and faucet aerators, Instant-Access Hot Water Systems in Residential uses, Drip Irrigation when an Irrigation System is installed, and Rain Sensors on all existing Irrigation Systems. These requirements apply to properties changing ownership or use on or after January 1, 2009.
28. This ordinance updates and clarifies the certification requirements of the Conservation Regulation, Rule 143.
29. This ordinance updates and clarifies the language used for discretionary exemptions of Rule 146.
30. This ordinance adds a requirement for Visitor-Serving Facilities, where applicable, to utilize a towel and linen reuse program.
31. This ordinance supports the requirement cited in Rule 11, Definitions, Non-Essential Water Use (1) for water service only upon request by requiring Visitor-Serving Facilities to provide notification of this requirement on the table of menu.
32. This ordinance shall revise, amend and republish Rules 11, 140, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154 of the Rules and Regulations of the Water Management District.
33. This ordinance shall be reviewed and approved under CEQA (California Environmental Quality Act) based upon a Categorical Exemption under Section 15301, Existing Facilities, Section 15302, Replacement or Reconstruction, Section 15303, New Construction or Conversion of Small Structures.
NOW THEREFORE be it ordained as follows:
Section One: Short Title
This ordinance
shall be known as the MPWMD 2008 Baseline Water Conservation Ordinance.
Section Two: Purpose
This
ordinance amends the water conservation requirements for new construction,
additions and remodels, and amends the mandatory retrofit requirements for
change of ownership or use and expansion of use. This ordinance amends Regulation XIV of the
Monterey Peninsula Water Management District Rules and Regulations.
Section Three: Amendment of Rule 11, Definitions
District Rule
11, Definitions, shall be amended as follows, where the portion set forth in
strikeout type (strikeout) is deleted and the portion set forth in italicized and
bold face type (bold face) is added. Additional words used in this
ordinance are defined in Rule 11.
1. LOW WATER‑USE PLUMBING
FIXTURES - “Low Water-Use Plumbing Fixtures” shall refer to the water fixtures shown
in Rule 142 mean any toilet using a maximum of 1.6 gallons per flush;
showerheads, designed to emit a maximum of 2.5 gallons per minute
(gpm) of water; faucet aerators designed to emit a maximum of 2.2
gallons per minute; instant‑access hot water systems.
2. PRE-RINSE SPRAY VALVE –
“Pre-Rinse Spray Valve” shall mean a hand-held device that uses spray water to
remove food waste from dishes prior to cleaning.
3. PSI -- "PSI"
shall mean pounds per square inch of water pressure.
4. SELF-REGENERATING WATER
SOFTENER – “Self-Regenerating Water Softener” shall mean a water softener
device that uses rock salt or potassium to reduce water hardness.
Section Four: Deletion of Rule 140, Purpose
District Rule 140,
Purpose, shall be deleted in its entirety:
RULE 140 - PURPOSE
It is the purpose and intent of this regulation to reduce use of
Potable water within the Monterey Peninsula Water Management District
boundaries.
Section Five: Amendment of Rule 142, Plumbing
Fixtures for New Construction
District Rule
142, Plumbing Fixtures for New Construction, shall be amended as follows, where
the portion set forth in strikeout type (strikeout) is deleted and the
portion set forth in
italicized and bold face type (bold face) is added:
RULE 142 PLUMBING
FIXTURES FOR NEW CONSTRUCTION LOW WATER USE PLUMBING FIXTURES AND WATER CONSERVATION STANDARDS
A. Low Water Use Plumbing
Fixture and Standards. All new construction, as
defined herein, shall be exclusively equipped with low water‑use plumbing
fixtures. as defined by this ordinance and shall further use washbasin faucet
aerators with a maximum flow rate of 2.5 gallons per minute wherever
feasible. These fixtures Low Water Use Plumbing
Fixtures shall be installed and maintained as set
forth in this Rule, and shall not be replaced with fixtures which allow
greater water use.
B. Effective Date. Complete Water Permit applications received
after January 1, 2009 shall be subject to the requirements of Rule 142, as
revised. Complete Water Permit applications received prior to January 1, 2009
shall be processed under the former Rule 142.
1. Former Rule 142 mandated 1.6 gallons-per-flush maximum
toilets throughout the structure in all New Construction, Remodels and Additions
that add a Bathroom or add 25 percent or more of the existing
square-footage.
2. New Construction of New Structures under Former Rule 142
required all New Construction, Remodels and Additions to install 2.5
gallons-per-minute maximum Showerheads and 2.2 gallons-per-minute faucet
aerators. New Construction of New
Structures further required installation of Instant-Access Hot Water System and
Drip Irrigation where appropriate.
C. Mandatory Water Conservation
Standards.
The following water
conservation standards shall apply to all New Structures:
1. The maximum interior water
pressure shall be regulated not to exceed 60 PSI.
2. Toilets shall be designed to
flush with a maximum of 1.28 gallons-per-flush (e.g. High Efficiency Toilet);
3. Zero Water Consumption
Urinals shall be installed when any urinal is included in a Project.
4. Showerheads, Rain Bars, or Body
Spray Nozzles shall not be installed if the fixture is designed to emit more
than 2.2 gallons per minute of water;
5. Faucets shall not emit more
than 1.5 gallons of water per minute;
6. Instant-Access Hot Water Systems
in Residential;
7. No Self-Regenerating Water
Softener shall be installed in New Construction;
8. Automatic Irrigation Systems
shall be installed for all New Construction;
9. Drip Irrigation shall be
installed for watering all non-turf plantings when an Irrigation System is
installed;
10. Rain sensors shall be
installed on all existing irrigation systems and shall be mandatory when the
project involves new construction or the addition of water fixtures;
11. Rainwater collection and
cistern systems shall be installed to supplement irrigation when new
construction occurs on a vacant legal lot of record;
12. Change of Ownership, Change
of Use, or Expansion of Use shall not be subject to the requirement to install
rainwater collection and Cistern Systems.
D. Non-Residential Water
Conservation Requirements. New Construction
of Non-Residential uses shall include the following fixtures:
1.
Automatic sensor faucets or self-closing faucets where
there is more than one washbasin in a room;
2.
Automatic shut-off or timer
controlled showers in rooms with multiple showers. Showers shall be set to operate for a maximum
of three minutes per cycle;
3.
Instant-Access Hot Water Systems when the building
includes a hot water system.
E. Non-Residential Water Use
Standards. New Construction, Change
of Use, Intensification of Use, or Remodels of Non-Residential uses shall not utilize
any of the following fixtures:
1.
Evaporative coolers without
recirculating pumps;
2.
Water cooled refrigeration and
cooling systems;
3.
Urinals designed to flush with
water.
Section Six: Amendment of Rule 143, Retrofit of Existing Commercial Uses
District Rule
143, Retrofit of Existing Commercial Uses, shall be amended as follows, where
the portion set forth in strikeout type (strikeout) is deleted and the
portion set forth in
italicized and bold face type (bold face) is added:
RULE 143 - RETROFIT OF EXISTING COMMERCIAL USES
A. All Non-Residential Water Users within the District,
including existing hotels, motels, other Commercial, and Industrial Uses, on or
before March 1, 1988, shall retrofit all shower and Washbasin faucet
plumbing fixtures which are installed, but which do not meet Low Water Use
Plumbing Fixture standards, with shall maintain Showerheads with
a maximum flow capacity of 2.5 gallons per minute (gpm), and Washbasin faucets
with aerators which limit the flow rate to a maximum of 2.52
gpm,
unless subject Rule 142. Further, all toilets which exceed 3.4
gallons per flush shall be installed with toilet water-use reduction devices
capable of reducing flow by at least 1.0 gallon per flush.
1.
All existing Visitor-Serving Facilities shall, before December 31,
2000, be retrofitted exclusively with Ultra-Low Flush Toilets, except as
provided by Rule 146.
2.
All Visitor-Serving Facilities shall, before December 31, 2010, be
retrofitted exclusively with Zero Water Consumption Urinals, Ultra-Low
Consumption Washing Machines, and water efficient ice machines.
3.
All Non-Residential Water Users within the District shall before
December 31, 2010, be retrofitted exclusively with High Efficiency Toilets,
except as provided by Rule 146 and except Visitor-Serving Facilities that
retrofit to 1.6 gallons per flush (gpf) toilets pursuant to Rule 143-A-1 or
where 1.6 gpf toilets were installed prior to January 1, 2009.
4.
All Non-Residential laundry facilities shall, before December 31,
2011, operate exclusively with Ultra-Low Consumption Washing Machines.
5.
Non-Residential car washes shall recycle and reuse a minimum of 50
percent of the water used in the wash and rinse cycles.
6.
Mobile Water Distribution Systems shall use water meters at the Source
of Supply. This information shall be
provided to MPWMD upon request.
7.
All Non-Residential facilities that utilize a Pre-Rinse Spray
Valve in their course of business shall retrofit with fixtures designed to use
no more than 1.6 gallons per minute by December 31, 2009.
Section Seven: Amendment of Rule 144, Retrofit Upon
Change of Ownership or Use
District Rule
144, Retrofit Upon Change of Ownership or Use, shall be amended as follows,
where the portion set forth in strikeout type (strikeout) is deleted and
the portion set forth
in italicized and bold face type (bold face) is added:
RULE 144 RETROFIT
UPON CHANGE OF OWNERSHIP OR USE
A.
MANDATORY RETROFIT UPON CHANGE OF OWNERSHIP OR USE
All plumbing fixtures in
Existing Structures, including Residential uses including mobile homes and fractional
ownership and timeshares, commercial, industrial, and public authority
and
all Non-Residential structures, shall, at the time of Change of Ownership
or Change of Use, be retrofitted, if not already so, exclusively with low
water use plumbing fixtures and comply with as
define by Rule 142 and Rule 143 this ordinance. These fixtures shall be installed and
maintained, and shall not be replaced with fixtures which allow greater water
use.
B.
MANDATORY RETROFIT UPON EXPANSION OF USE
All residential, commercial,
public authority, and industrial reconstruction, remodels or additions that add The addition of any bathroom
water fixture(s) and/or increase in floor area of existing
structures by twenty‑five percent (25%) or greater of the existing floor
area shall meet "New Construction" low water‑use
plumbing fixtures the Low Water Use Plumbing Fixtures and
Standards described in as listed defined by Rule
142 and Rule 143 this ordinance for the entire facility,
including retrofitting of plumbing fixtures within existing structures.
C.
RETROFIT EXEMPTIONS
Ultra-Low Consumption Dishwashers;
Ultra-Low Consumption Washing Machines; Drip Irrigation; Rain Sensors on all
automated Irrigation Systems; and Instant‑Access or Hot Water Demand Pumping
Systems shall be required upon Change of Ownership or Change of Use on or after
January 1, 2009.
Rainwater collection and
cistern systems shall not be required upon Change of Ownership or Change of Use
or upon Expansion of Use.
D.
PROOF OF RETROFIT UPON CHANGE OF OWNERSHIP
Before the transfer of title
for any Change of Ownership, defined by this ordinance, of real
property within the District, the selling owner(s) or his authorized agent
shall, in the form and manner specified by the District General
Manager, certify compliance with the retrofit requirements of this rule
ordinance by one of the following methods:
1.
Certify that the plumbing permit obtained in relation to
plumbing fixture installation shows compliance with this ordinance. This certification shall be forwarded to the
District; or
1.
Provide the District with Certify that an
a certified inspection report or other appropriate
report (the General Manager shall maintain a list of individuals qualified
to provide this report) which that verifies
installation of low water‑use plumbing fixtures throughout
the structure, as required by this Regulation XIV
and Regulation XV ordinance.
This certification shall be forwarded to the District; or
2.
Provide certify documentation to the District that
the building inspection by from the city or county building
official that indicates certifies installation
of low water‑use fixtures throughout the structure, as
required by this Regulation XIV and Regulation XV ordinance. This certification shall be forwarded to
the District; or
3.
Provide owner certification Certify that plumbing
fixtures throughout the structure have been retrofitted in compliance with this
Regulation ordinance. The
buyer or seller shall forward a A copy of this certification,
together with a dated copy of the purchase receipt for each low water‑use
fixture, and a dated copy of the labor contract, or
a statement
of self‑installation, which evidences complete installation, shall
be forwarded to the District by the buyer or seller. The District may verify owner
certification by an onsite inspection; or
4.
The General Manager may conditionally waive the
proof of retrofit before close of escrow Change of Ownership or Change of
Use requirement of this section where the seller and buyer certify that
the structure will begin to be remodeled or modified within one hundred and
twenty (120) days of the transfer of title close of escrow,
that the structure will comply with Regulation XIV be
exclusively retrofitted with low water‑use plumbing
fixtures upon completion of construction, and the new owner shall both
contact and allow inspection of the property by District staff or its
authorized agent within 193 days (i.e. six months) of the transfer of
title.
It shall be a violation of this Regulation ordinance
for any buyer or seller to to instruct an escrow agent to close
escrow for any sale of property in the District which that
does not comply with Subdivision D of this rule.
This Subdivision D shall not
impose any affirmative or discretionary duty upon an escrow agent, acting in
the capacity of escrow officer. Nothing
in this rule ordinance shall be construed, either
expressly or by implication, to provide for a criminal proceeding or create a
civil liability against a title insurance company, as defined in Insurance Code
Section 12340.10, or an underwritten title company, as defined in Insurance Code
Section 12402, or their officers, directors, or employees, by reason of an
alleged violation of this rule ordinance by a party or
parties to an escrow at such a corporation.
E.
PROOF OF RETROFIT UPON CHANGE OF USE
Prior to the Change of Use
of any rResidential, or Non-Residential commercial,
industrial, or public authority building(s) or part of a building, the owner of
record or his agent shall certify in writing to the Monterey
Peninsula Water Management District that prior to such change of use of the
structure, the owner has complied with this ordinance, including all plumbing
fixture retrofitting requirements. that plumbing fixtures throughout the structure
facility have been retrofitted in compliance with this Regulation
ordinance. The property owner
shall forward (1) a copy of this certification, together with (2) a dated copy
of the purchase receipt for each low water‑use plumbing fixture, and (3)
a dated copy of the labor contract or statement of self‑installation that
evidences complete installation of all required fixtures, to the District. The District shall retain authority to
verify owner certification by an onsite inspection. Change in of Use of such buildings
made prior to submission of such written certification to the General Manager shall
constitute a violation of this Regulations ordinance.
Section Eight: Amendment of Rule 145, Recordation of
Notice
District Rule
145, Recordation of Notice, shall be deleted from Regulation XIV and relocated
as Rule 116, Recordation of Notice, and shall be amended as follows, where the
portion set forth in strikeout type (strikeout) is deleted and the
portion set forth in
italicized and bold face type (bold face) is added:
RULE 145 116 -
RECORDATION OF NOTICE
Whenever the General Manager determines that violations
of any District Rule or Regulation has occurred and not been corrected within
thirty (30) days of notice, Low Water Use Plumbing Fixtures have not
been installed at the time of Change of Ownership or Use or when installed
pursuant to the mandatory provisions of this regulation have been removed since
initial installation, the General Manager may record a Nnotice of
Non-Compliance on the title of the property of
violation with the office of the Ccounty
Rrecorder.
The owner(s) of the Parcel(s) property, as revealed by the assessment roll,
on which the violation is situated, and any other person known
to be responsible for the violation, shall be notified of the
recordation,
if their address is known. The owner of record shall have ninety (90) days to
take corrective action. Failure to take corrective action within ninety (90)
days shall constitute a violation of MPWMD Rules and Regulations. The General Manager shall cause a Nnotice
of correction Compliance to be recorded at such
time as the property owner has established full compliance with the provisions
of this these Rules and Rregulation.
Section Nine: Amendment of Rule 146, Discretionary
Exemptions
District Rule
146, Discretionary Exemptions, shall be amended as follows, where the portion
set forth in strikeout type (strikeout) is deleted and the portion set forth in italicized and
bold face type (bold face) is added:
RULE 146 - DISCRETIONARY EXEMPTIONS
The General Manager may, in his discretion,
exempt facilities from the provisions of this regulation, or impose reasonable
conditions in lieu of compliance therewith, if he determines that any of the
following sections apply:
A. HARDSHIP
The General Manager may
grant an exemption for hardship where the requirements of this regulation would
cause an unnecessary and undue substantial hardship upon the owner, or
purchaser of the facility, or the public. Substantial hardship may include, but
is not limited to:
1.
Plumbing in an existing facility which does not match connections
with Low Water Use Plumbing Fixtures and would, therefore, requires partial replumbing
of the structures. For example, different rough-in dimensions for
which no compatible complying fixture is available.
2.
Unavailability of Low Water Use Plumbing Fixtures to match a
well-defined historic architectural style (i.e., Victorian, Mission Revival) in
a locally, state or federally recognized building of historic significance,
fitted exclusively with authentic plumbing fixtures from
that period. Any project exempted pursuant to Sub-part A-1 of this
part shall be required to have installed toilets using a maximum of 3.5
gallons per flush and 2.5 gallon per minute Showerheads, if not already so
provided.
B. EMERGENCY
The General Manager may
grant an exemption from these Rules for emergency purposes when the requirements
of this regulation would create a condition affecting the health, sanitation,
fire protection or safety of the facility owner or the public. Emergency
conditions include, but are not limited to, sewer line grades that are insufficient
to accommodate reduced flows caused by conversion of Ultra Low Flush Toilets or High
Efficiency Toilets water closet(s) to 1.5 gallon flush as
determined by the city, county, or sanitary district engineer. All requests for exemptions from this
Regulation shall be made in writing.
C. IN LIEU COMPLIANCE
The General Manager may
grant an exemption by imposing reasonable conditions in lieu of compliance with
the requirements of this regulation, where the condition would not allow the
quantity of water consumed by the facility to exceed the total water demand achieved
if the Low Water Use Plumbing Fixture standards set by this regulation had been
used, and would not otherwise adversely affect service to any existing water consumer.
D. RETROFIT EXEMPTIONS
When tThe General Manager shall has deferred
the retrofit requirement of this regulation for any plumbing fixture for which present
technology is or was not available to cause the required flow reduction,
such as in flushometer-style toilet fixtures, or where retrofitting is not otherwise
feasible. When feasible, rRetrofit shall be required at the
time technology becomes available.
Section Ten: Deletion of Rule 147, Appeals
District Rule
147, Appeals, shall be deleted in its entirety.
The appeal process is explained in Regulation VII.
RULE 147 - APPEALS
A.
CONTENT OF APPEAL
An appeal may be made to the Board of Directors by any public
agency or Person aggrieved by a decision of the General Manager pursuant to
this regulation. All appeals shall be pursuant to Regulation VII of the
District’s Rules and Regulations. The appellant must state in the appeal:
1. The identity of the appellant and his interest in the decision;
2. General Manager’s decision, or the conditions which are being
appealed;
3. A clear, complete, but brief statement of the reasons why the
appellant feels the decision or the conditions imposed were unjustified or
inappropriate (this should include reasons the appellant disagrees with the
findings of the General Manager and specific facts in sufficient detail to
notify interested persons of the nature of the appeal). The Board will not
accept an appeal stated in generalities.
B.
ACCEPTANCE OF APPEAL
An optional form for giving notice of appeal shall be provided
by the General Manager. The form need
not be used if the notice of appeal is complete. An appeal shall not be
accepted by the Board of Directors unless it is complete and complies with all
requirements. The General Manager shall not accept a notice of appeal if it is
obvious on the face of the notice that it is incomplete. If the General Manager
rejects a notice of appeal, he shall inform the appellant of the nature of the
deficiency, and shall identify the information necessary to complete the
appeal.
Section Eleven: Deletion and Relocation of Rule 148,
Penalties
District Rule
148, Penalties, shall be deleted from Regulation XIV and relocated as Rule
115, and shall be amended as follows,
where the portion set forth in strikeout type (strikeout) is deleted and
the portion set forth
in italicized and bold face type (bold face) is added:
RULE 115 148 –
PENALTIES
Any Person, firm, or corporation, whether as
principal, agent, employee, or otherwise, violating or causing or permitting
the violation of any of the provisions of this these Rules and Rregulations;
or, any contractor who installs or removes plumbing fixtures contrary to the
provisions of this these Rules and Rregulations
with the intent to defeat the purposes of this these regulations,
shall be guilty of a misdemeanor punishable as an infraction as provided by
Section 256 of the Monterey Peninsula Water Management District Law, Statutes
of 1981, Chapter 986. Violations carry a maximum penalty of $250 for each
offense. Each separate day or portion thereof during which any violation occurs
or continues without a good-faith effort by the Responsible Party to correct
the violation, shall be deemed to constitute a separate offense, and upon
conviction thereof, shall be separately punishable.
Section Twelve: Deletion of Rule 149, Enforcement
District Rule 149, Enforcement, shall be deleted from Regulation
XIV. Enforcement is addressed in
Regulation XI.
RULE 149 – ENFORCEMENT
The General Manager shall
be the officer primarily charged with enforcement of this regulation. All public employees of the Monterey
Peninsula Water Management District who are vested with the duty or authority
to issue Permits or licenses, shall conform to the provisions of this regulation,
and shall issue no such Permits or licenses in conflict with the provisions of
this regulation, and any such Permits, licenses, or uses, if issued in conflict
with the provisions of this regulation, shall be null and void.
Section Thirteen: Deletion of Rule 150, Civil Nuisance
District Rule 150, Civil Nuisance, shall be deleted from Regulation
XIV. Enforcement is addressed in
Regulation XI.
RULE 150 - CIVIL NUISANCE
A.
Any building or structure set up, erected, constructed, altered,
enlarged, converted, moved, maintained, sold, or the use of which is changed,
contrary to the provisions of this regulation, and/or any use of any land,
building, or premises, established, conducted, operated, or maintained contrary
to the provisions of this regulation, shall be, and the same is hereby declared
to be a violation of this regulation and a public nuisance.
B.
The District may summarily abate the public nuisance, and the
Board of Directors or District Attorney may cause or maintain a civil suit or
other action, to enjoin or abate the nuisance.
C.
Each day any violation of this regulation continues shall be
regarded as a new and separate offense. The remedies provided in this
regulation shall be cumulative and not exclusive.
D. Should any Person, firm, or
corporation violate the terms of this regulation, and any action is authorized
either by the Board of Directors, or District Attorney, or is in fact
commenced, no other action shall be taken on any application filed by or on
behalf of said Person, firm, or corporation until the action has been concluded
or resolved.
Section Fourteen: Deletion of Rule 151 Cost of Enforcement
District Rule 151 Cost of Enforcement, shall be deleted from Regulation
XIV. Enforcement is addressed in
Regulation XI.
RULE
151 - COST OF ENFORCEMENT
A.
Any Person, firm, or corporation who creates or
maintains a public nuisance in violation of this regulation or upon whose
property a notice of violation has been recorded, shall, if not corrected
within thirty (30) days, be liable for the costs of abatement and costs of
correction which shall include, but not be limited to:
1. Cost of
investigation;
2. Court costs;
3. Attorney fees;
4. Costs of
monitoring compliance.
B.
Upon a continuation of the public nuisance after
notice from the District to cease the nuisance, any Person, firm, or corporation
shall be liable for the costs of abatement set forth above, plus a civil
penalty of fifty percent (50%) of these costs payable to the District in
addition to any other costs of enforcement imposed by the court.
Section Fifteen: Deletion of Rule 152, Remedies Cumulative
District Rule 152, Remedies Cumulative, shall be deleted from Regulation
XIV. Enforcement is addressed in
Regulation XI.
RULE 152 -
REMEDIES CUMULATIVE
The remedies available to the District to enforce this
regulation are in addition to any other remedies available under the District’s
Rules and Regulations, or any other state statutes, and do not replace or
supplant any other remedy but are cumulative thereto.
Section Sixteen: Deletion of Rule 153, Severability
District Rule 153, Severability, shall be deleted from Regulation
XIV.
RULE 153 - SEVERABILITY
If any subdivision,
paragraph, sentence, clause, or phrase of this regulation is, for any reason,
held to be invalid or unenforceable by a court of competent jurisdiction, such
invalidity or unenforceability shall not affect the validity or enforcement of
the remaining portions of this regulation, or of any other provisions of the
Monterey Peninsula Water Management District Rules and Regulations. It is the
District’s express intent that each remaining portion would have been adopted
irrespective of the fact that any one or more subdivisions, paragraphs,
sentences, clauses, or phrases be declared invalid or unenforceable.
Section Seventeen: Amendment of Rule 154, Conservation
Message Requirements
District Rule
154, Conservation Message Requirements, shall be amended as follows, where the
portion set forth in strikeout type (strikeout) is deleted and the
portion set forth in
italicized and bold face type (bold face) is added:
RULE 154 - CONSERVATION MESSAGE REQUIREMENTS
A.
On or before October 1, 1997, Aall Visitor-Serving and
Public and Quasi-Public Facilities shall display in visible locations in all
restrooms, kitchens, and dining areas, placards or decals approved by the
District promoting public awareness of the need for water conservation and/or
advising the public that waste of water is prohibited.
B.
The owner and/or manager of each rental property shall provide a
pamphlet, brochure, or other literature to current and future tenants that list
the water conservation requirements, including the Water Waste and
Non-Essential Water Use regulations of the District.
C.
Visitor-Serving Facilities, where applicable, shall utilize towel
and linen reuse programs, whereby towels and linens are changed every three
days or as requested by action of the guest.
D.
Visitor-Serving Facilities shall not serve water to guests except
upon request. Notification of this
requirement shall be provided on the table(s)e or menu(s) of each facility.
Section Eighteen: Publication
and Application
The provisions of this ordinance shall cause the republication and amendment of the permanent Rules and Regulations of the Monterey Peninsula Water Management District.
This ordinance shall take effect at 12:01 a.m. on January 1, 2009.
This Ordinance shall not have a sunset date.
Section Twenty: Severability
If any subdivision, paragraph, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unenforceable by a court of
competent jurisdiction, such invalidity shall not affect the validity or
enforcement of the remaining portions of this ordinance, or of any other
provisions of the Monterey Peninsula Water Management District Rules and
Regulations. It is the District's
express intent that each remaining portion would have been adopted irrespective
of the fact that one or more subdivisions, paragraphs, sentences, clauses, or
phrases be declared invalid or unenforceable.
On motion by
________________, and second by _________________, the foregoing ordinance is
adopted upon this ____ day of ________ 2008, by the following vote:
AYES:
NAYS:
ABSENT:
I,
Witness my hand and seal of
the Board of Directors this ________ day of ____________ 2004.
U:\Arlene\word\2008\BoardMeetings\Ordinances\Ord137Draft073108.doc
U:\staff\word\committees\Tac\2008\20080805\03\item3_exh3adoc.doc