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HomeMy WebLinkAboutOrd 1592 - Water Shortage Response Plan (Repealed by Ord 1766) ILA 1906 -CITY OF T UKW ILA WASHINGTON ORDINANCE NO. 7 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, PROVIDING FOR A WATER SHORTAGE RESPONSE PLAN; AMENDING CHAPTER 14.04 OF THE TUKWILA MUNICIPAL CODE TO PROVIDE FOR WATER USAGE RESTRICTIONS DURING A WATER EMERGENCY, AUTHORIZE THE IMPOSITION OF MONETARY PENALTIES AND SURCHARGES FOR EXCESSIVE USAGE DURING DECLARED WATER EMERGENCIES; AND FIXING AN EFFECTIVE DATE. WHEREAS, water is considered a valuable natural resource which should always be used wisely; and WHEREAS, the City's water supply is subject to weather conditions and other emergencies such as low rainfall, early snow melt and runoff, increased demand, and the failure, repair, or modification of the water system, thus resulting in periods during which usage reductions may be required to assure adequate supply for essential needs; and WHEREAS, the City has been requested by its principal water supplier, Seattle Water Department, as a measure to reduce possible hardship in the event of a water shortage emergency, to adopt a Water Shortage Response Plan to effect conservation and help meet target consumption goals as set forth by the Seattle Water Department; and WHEREAS, the focus of the Water Shortage Response Plan is to restrict water use for non essential purposes during water emergencies that may endanger the adequacy of the water supply for essential needs; and WHEREAS, the City of Tukwila Water Department will incur additional costs to maintain water supply during periods of emergency and for failing to implement a Water Shortage Response Plan; and WHEREAS, compliance with said restrictions will be encouraged by imposition of additional charges for water usage in excess of authorized usage during an emergency through the enforcement of sanctions and /or monetary penalties; and WHEREAS, additional charges are required to be equitably balanced among residential, commercial, and wholesale customers; now therefore, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Water Shortage Response Plan. A Water Shortage Response Plan is required by the Seattle Water Department and by the public welfare to effect conservation of water during water emergencies. A Water Shortage Response Plan for the Tukwila water system as required by WAC 248 -54- 205(3), is hereby adopted by the City Council and shall be updated by the Council as may be required. The plan adopted is attached hereto as Exhibit A and by this reference incorporated herein. Section 2. Emeraencv Water Use Restrictions. Section 14.04.170 of the Tukwila's Municipal Code is hereby amended to read as follows: A. Upon finding that an emergency situation exists, the Director of Public Works shall: (1) immediately seek to communicate with the Mayor and Council through the fastest means feasible to advise them of this emergency situation and the reason for such restrictions; (2) immediately take steps to notify the public within the service area affected through the media and other means to advise said water users of such emergency water conservation measures and the necessity thereof; and (3) implement such measures and regulations as may be necessary to implement water use restrictions under this ordinance and the plan adopted hereby. Page 1 W \TU KW 1013 WATER.ORD -4 B. The Mayor, upon finding that an emergency situation exists which threatens to seriously disrupt or diminish the municipal water supply, may order restrictions on water use so as to distribute the available supply on a just and equitable basis to all customers, including residential, industrial, and commercial users which purchase water. C. Upon declaration of a water supply emergency by the Mayor, no water shall be used for nonessential outdoor uses including, but not limited to: irrigation of lawns, the washing of cars, driveways, or other outdoor surfaces by any customer at any residence, apartment building, commercial building, or property or structure except at such times and under those conditions as specified by the Director of Public Works. These restrictions are to be implemented even though more restrictive than the plan provisions and shall in no way limit indoor rationing provisions of the plan. Section 3. Enforcement. Chapter 14.04 of the Tukwila Municipal Code is hereby amended to add a new Section 14.04.175 as follows: A. Recognizing that an emergency rate surcharge may be imposed upon the City for each day that water usage exceeds the consumption target goals established by the Seattle Water Department, effective control and enforcement of the Water Shortage Response Plan shall be implemented. B. The Public Works Director shall be authorized to impose sanctions and /or surcharges upon those customers within the affected area who refuse or otherwise fail to comply with the emergency conservation measures directed by levying a surcharge in an amount not to exceed the sum of One Hundred Dollars ($100) per occurrence and /or disconnecting water service to said customers. C. The restrictions and surcharge shall not compromise the health, safety or welfare of the public. Exemption from the imposition of a surcharge may be granted by the Mayor or the Director of Public Works in the Mayor's absence, upon written request, if it is found that a surcharge will constitute an undue burden on the customer. Section 4. Severabilitv. If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective Date. This ordinance shall be in force and take full effect five (5) days from and after publication of the attached summary which is hereby approved. PASSE BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WAS HINGTON, this da of L� 1991. ATTEST /AUTHENTICATED: d- ITY CLERK, JANE CANTU APPROVED AS TO FORM: OFEy OF HE C� ATTORNEY By 14.04.175 Violation of Section 14.04.170. FILED WITH THE CITY CLERK: y q/ PASSED BY THE CITY COUNCIL: 1./..-/-9/ PUBLISHED: -7-T/ EFFECTIVE DATE y- 42-f/ ORDINANCE NO.: 1592, W 1TUKW 1013WATER.ORD -4 GAR,X VAN DUSEN, MAYOR Page 2 W \TUKW \013WATER.ORD -4 W \TU KW\013 WATER ORD -4 SUMMARY OF ORDINANCE AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, PROVIDING FOR A WATER SHORTAGE RESPONSE PLAN; AMENDING CHAPTER 14.04 OF THE TUKWILA MUNICIPAL CODE TO PROVIDE FOR WATER USAGE RESTRICTIONS DURING A WATER EMERGENCY, AUTHORIZE THE IMPOSITION OF MONETARY PENALTIES AND SURCHARGES FOR EXCESSIVE USAGE DURING DECLARED WATER EMERGENCIES; AND FIXING AN EFFECTIVE DATE. On 199/, the City Council of the City of Tukwila passed Ordinance No. _z_A-572 which provides as follows: authorizes a Water Shortage Response Plan, amends Section 14.04.170 of the Tukwila Municipal Code to address the need to impose water restrictions, to provide for enforcement actions that would be implemented with those customers found in violation within the City of Tukwila Water System Service Area and fixes an effective date.. The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. APPROVED by the City Council at their meeting of 199/. PUBLISHED: VALLEY DAILY NEWS APRIL 7, 1991 Page 3 TY CLERK, JANE CANTU