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HomeMy WebLinkAboutOrdinance 2010-007 Chapter 175 - Water Conservation for Landscape Irrigations ORDINANCE NO. 2010-007 AN ORDINANCE OF THE CITY OF OCOEE FLORIDA PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT; REPEALING THE CURRENT CHAPTER 175 OF THE CITY CODE ENTITLED WATER SHORTAGE MEASURES AND ADOPTING A NEW CHAPTER 175 ENTITLED WATER CONSERVATION FOR LANDSCAPE IRRIGATION; PROVIDING INTENT, PURPOSE AND DEFINITIONS; PROVIDING LANDSCAPE IRRIGATION SCHEDULES; PROVIDING EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES; PROVIDING FOR ADDITIONAL REQUIREMENTS FOR AUTOMATIC IRRIGATION SYSTEMS; PROVIDING FOR VARIANCES FROM THE SPECIFIC DAY OF THE WEEK LIMITATIONS; PROVIDING FOR CITYWIDE APPLICATION OF NEW CHAPTER 175; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR APPEAL OF VIOLATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the St. Johns River Water Management District ("SJRWMD") has responsibility and exclusive authority under Chapter 373, Florida Statutes, for regulating the consumptive use of water within the SJRWMD; and WHEREAS, the St. Johns River Water Management District has amended Rule 40C-2.042, F.A.C., its General Consumptive Use Permit by Rule that regulates small irrigation uses below consumptive use permit thresholds in Rule 40C-2.041(1), F.A.C.; and WHEREAS, Rule 40C-2.042(2)(a), F.A.C., grants a general permit to each person located within the District to use, withdraw or divert water for small landscape irrigation uses, provided that irrigation occurs in accordance with certain schedules and exceptions set forth therein; and WHEREAS, Rule 40C-2.042(2), F.A.C., applies to landscape irrigation regardless of whether the water comes from ground or surface water, from a private well or pump, or from a public or private utility; and WHEREAS, the South Florida Water Management District ("SFWMD") adopted Rule 40E-2.061, F.A.C., which grants a No Notice General Permit by rule to use, withdraw, or divert water at a single family dwelling or duplex for home lawn and ornamental irrigation, car washing, and other incidental outdoor uses provided that water is obtained from a single on-site withdrawal facility. and that landscape irrigation is conducted in accordance with Chapters 40E-24. F.A.C. WHEREAS, the SFWMD also amended Chapter 40E-24, F.A.C., which applies to all Ocoee Ordinance Chapter 175 (rev. 1/14/2010) landscape irrigation regardless of whether the water comes from ground or surface water, from a private well or pump, or from a public or private utility; WHEREAS, Rule 40C-2.042(2)(b), F.A.C., strongly encourages a local government to adopt an ordinance to enforce Rule 40C-2.042(2)(a), F.A.C., within its jurisdiction by adopting a landscape irrigation ordinance that incorporates each of the provisions set forth in Rule 40C- 2.042(2)(a), F.A.C.; and WHEREAS, Rule 40E-24.301(3), F.A.C., authorizes a local government whose jurisdiction is divided between the SFWMD and another water management district to enact an ordinance providing for alternative landscape irrigation conservation measures as necessarv for the local government to achieve a uniform schedule within its jurisdiction. WHEREAS, Rule 40E-24.501(3), F.A.C. provides that a local government may adopt an ordinance to locally enforce the year-round landscape irrigation water conservation measures; WHEREAS, it is the desire of the City of Ocoee to adopt such an ordinance in accordance with Rules 40C-2.042(2)(a) and (b), 40E-24.201 and 40E-24.301, F.A.C.; and WHEREAS, a copy of this Ordinance has been delivered to the SJR WMD and SFWMD at least thirty (30) days prior to it adoption; and WHEREAS, the City Commission of the City of Ocoee hereby finds and declares that the adoption ofthis ordinance is appropriate, and in the public interest of the citizens ofthis community. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166, Florida Statutes, and Rule 40C-2.042, Florida Administrative Code. SECTION 2. Repeal. Chapter 175 of the Code of Ordinances of the City of Ocoee, Florida, entitled Water Shortage Measurers, is hereby repealed in its entirety. SECTION 3. Adoption of New Chapter. A new Chapter 175 of the Code of Ordinances of the City of Ocoee, Florida, entitled Water Conservation for Landscape Irrigation, is hereby adopted as follows: CHAPTER 175 Ocoee Ordinance Chapter 175 (rev. 1/14/2010) WATER CONSERVATION FOR LANDSCAPE IRRIGATION ~ 175-1. TITLE; AUTHORITY. A. This chapter shall be known and may be cited as the "Water Conservation for Landscape Irrigation Chapter". B. The city has the authority to adopt this chapter pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166, Florida Statutes and Rule 40C-2.042, Florida Administrative Code ~ 175-2. INTENT AND PURPOSE It is the intent and purpose of this chapter to implement uniform citywide procedures that promote water conservation through more efficient landscape irrigation. 175-3. DEFINITIONS For the purpose of this chapter, the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. 1. "Address" means the house number of a physical location of a specific property. This includes "rural route" numbers but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the property's address. An "even numbered address" means an address ending in the numbers 0, 2, 4, 6, 8 or the letters A-M. An "odd numbered address" means an address ending in the numbers 1,3, 5, 7, 9 or the letters N-Z. 2. "Administrator" means the Utilities Director or his designee, or such other person as may from time-to-time be designated by the City Manager. 3. "District" means the St. Johns River Water Management District. 4. "Person" means any person, firm, partnership, association, corporation, company, or organization of any kind. 5. "Landscape irrigation" means the outside watering of plants in a landscape such as shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and other such flora that are situated in such diverse locations as residential areas, public, commercial, and industrial establishments, and public medians and rights-of-way. "Landscape irrigation" does not include agricultural crops, nursery plants, cemeteries, golf course greens, Ocoee Ordinance Chapter 175 (rev. 1/14/2010) tees, fairways, primary roughs, and vegetation associated with recreational areas such as playgrounds, football, baseball, soccer and athletic fields. 6. "Residential landscape irrigation" means the irrigation of landscape associated with any housing unit having sanitary and kitchen facilities designed to accommodate one or more residents, including multiple housing units and mobile homes. 7. "Non-residential landscape irrigation" means the irrigation of landscape not included within the definition of "residential landscape irrigation," such as that associated with public, commercial and industrial property, including commercial or transient housing units, hotel and motel units, and public medians and rights-of-way. 175-4. LANDSCAPE IRRIGATION SCHEDULES A. When Daylight Savings Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule: 1. Residential landscape irrigation at odd numbered addresses or no address may occur only on Wednesday and Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and 2. Residential landscape irrigation at even numbered addresses may occur only on Thursday and Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and 3. Non-residential landscape irrigation may occur only on Tuesday and Friday and shall not occur between 10:00 a.m. and 4:00 p.m.; and 4. No more than % inch depth of water may be applied to an irrigation zone on each day that landscape irrigation occurs and in no event shall landscape irrigation occur for more than one (l) hour per irrigation zone on each day that landscape irrigation occurs. B. When Eastern Standard Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule: 1. Residential landscape irrigation at odd numbered addresses or no address may occur only on Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and 2. Residential landscape irrigation at even numbered addresses may occur only on Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and 3. Non-residential landscape irrigation may occur only on Tuesday and shall not occur between 10:00 a.m. and 4:00 p.m.; and Ocoee Ordinance Chapter 175 (rev. 1/14/2010) 4. No more than % inch depth of water may be applied to an irrigation surface on each day that irrigation occurs and in no event shall landscape irrigation occur for more than one (l) hour per irrigation zone on each day that landscape irrigation occurs. C. All landscape irrigation shall be limited in amount to only that necessary to meet landscape needs. 175-5. EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES Landscape irrigation shall be subject to the following irrigation schedule exceptions: 1. Irrigation using a micro-spray, micro-jet, drip or bubbler irrigation system is allowed anytime. 2. Irrigation of new landscape is allowed any time of day on any day for the initial thirty (30) days and every other day for the next thirty (30) days for a total of one sixty (60) day period, provided that the irrigation is limited to the minimum area and/or amount necessary for such landscape establishment. 3. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides, when required by law, the manufacturer, or best management practices, is allowed any time of day on any day within 24 hours of application. Watering in of chemicals shall not exceed lf4 inch of water per application except as otherwise required by law, the manufacturer, or best management practices. 4. Irrigation systems may be operated at any time of day on any day for maintenance and repair purposes not to exceed 20 minutes per hour per zone. 5. Irrigation using a hand-held hose equipped with an automatic shut-off nozzle is allowed at any time of day on any day. 6. Discharge of water from a water-to-air air-conditioning unit or other water-dependent cooling system is not limited. 7. The use of water from a reclaimed water system is allowed anytime. For the purpose of this exception, a reclaimed water system includes systems in which the primary source is reclaimed water, which mayor may not be supplemented from another source during peak demand periods. 8. The use of recycled water from wet detention treatment ponds for irrigation is allowed anytime provided the ponds are not augmented from any ground or off-site surface water, or public supply sources. 175.6 ADDITIONAL REQUIREMENT FOR AUTOMATIC IRRIGATION SYSTEMS Ocoee Ordinance Chapter 175 (rev. 1/14/2010) Any person who purchases and installs an automatic' landscape irrigation system must properly install, maintain and operate technology that inhibits or interrupts operation of the system during periods of sufficient moisture. This provision is supplemental to other provisions of the Code of Ordinance of the City ofOcoee with respect to automatic landscape irrigation systems. 175-7. VARIANCE FROM SPECIFIC DAY OF THE WEEK LIMITATIONS A variance from the specific landscape irrigation days or day set forth in this chapter may be granted by the Administrator if strict application of the scheduled days or day would lead to unreasonable or unfair results in particular instances, provided that the applicant demonstrates with particularity that compliance with the scheduled days or day will result in a substantial economic, health or other hardship on the applicant requesting the variance or those served by the applicant. Where a contiguous property is divided into different zones, a variance may be granted hereunder so that each zone may be irrigated on different days than other zones of the property. However, in no event shall a variance allow a single zone to be irrigated more than two days per week during Daylight Savings Time or more than one day per week during Eastern Standard Time. 175-8. CITYWIDE APPLICATION OF CHAPTER The provisions of this chapter shall apply to all property located within the corporate limits of the City, including property located within the South Florida Water Management District. 175-9. ENFORCEMENT. A. The Administrator shall oversee the daily administration of the provisions of this chapter, including enforcement and the maintenance of records regarding violations ofthis Chapter. The Administrator is specifically authorized to enforce the provisions of this chapter and issue citations and levy fines in connection therewith. B. Every police officer having jurisdiction in the City of Ocoee shall, in connection with all other duties imposed by law, diligently enforce the provisions of this chapter and shall have the authority to issue citations and levy fines in connection therewith. In addition, the City Manager may also delegate enforcement responsibility for this chapter to designated . employees of the city, who shall have the authority to enforce the provisions of this chapter and issue citations and levy fines in connection therewith. C. A Notice of Warning and/or Notice of Violation shall be provided to customers by placement of a door hanger and by U.S. mail. The mailing requirement may be satisfied by including ay such notice in the monthly water bill issued by the city. Failure of resident to receive notification shall not excuse the customer of a violation. Ocoee Ordinance Chapter 175 (rev. 1/14/2010) D. Any fines levied under this chapter shall be in accordance with the provisions of Section 175-10. E. Any person who receives a Notice of Violation under the provisions of this chapter may appeal the issuance of such Notice of Violation and the imposition of the fine or fee in writing to the Administrator, who shall have the authority to waive the fine or fee as provided in Section 175-11. 175-10. PENAL TIES A. Any person violating any provision of this chapter shall be subject to the following fines or fees: Violation First Violation Second Violation Third Violation Fourth Violation Fifth and Greater Violation Pines Written Warning $ 50.00 $100.00 $250.00 $500.00 B. The above fines or fees shall be applicable to both residential and non- residential water users. Each day such violation is committed or permitted to continue shall constitute a separate offense. Following the expiration of the appeal period as set forth in Section 175-11 below (or following the disposition of an appeal if a timely appeal is filed with the Administrator and such appeal is denied), fines or fees levied pursuant to this section shall be set forth in the violator's monthly water bill issued by the city for potable water service and shall be considered as an additional fee for receipt of potable water service. If such water bill is not paid in full, including the fine or fee levied in conjunction herewith, in the time allowed for payment of such bill as provided in Chapter 173 ofthe City Code, then the city shall have the right to collect such fine or fee in the same manner as the collection of other water fees and charges, including but not limited to the right to terminate water service to the violator pursuant to the provisions of 9 173-4 of the City Code. C. The Administrator is hereby authorized to waive any monetary fine if the violator agrees to attend a City-sponsored water conservation event, take a self study course/program approved by the Administrator (verification required), attend a water conservation program approved by the Administrator and/or attend or participate in another water conservation education opportunity approved by the Administrator. Any violator who agrees to the foregoing in order to obtain the waiver of a fine must submit acceptable documentation of compliance to the Administrator within ninety (90) days from the date of the Notice of Violation. In the event acceptable documentation is not submitted within said timeframe, then the Administrator may reinstate the fine. This provision shall not be continually extended to chronic and/or patterned violators. The Administrator shall maintain records of any monetary fines waived pursuant to the foregoing provision. 175-11. APPEAL OF VIOLATIONS Ocoee Ordinance Chapter 175 (rev. 1/14/2010) A. All appeals must be in writing and submitted to the Administrator within twenty-eight (28) days of the date of the Notice of Violation. All supporting documentation must accompany the appeal. B. Appeal of a violation may be granted by the Administrator based on the following: 1. Damaged Irrigation System: Violations that are directly attributed to failure of an irrigation system may be overturned following repair of the system. A repair bill or material ticket is required for the overturning of the violation on this basis. 2. Situations beyond the Control of the Violator: Violations due to situation that are beyond the control of the violator may be overturned. Specific circumstances must be presented in the appeal. 3. Clear evidence is submitted that the water use falls under one of the exceptions listed in Section 175-5. C. Appeals shall be reviewed by the Administrator and customer shall be notified in writing as to disposition of the appeal. No hearings shall be allowed in connection with the appeal. However, the Administrator may request additional information from the violator. the appeal. D. The decision of the Administrator constitutes final action by the City on SECTION 4. Severabilitv. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the Ocoee Ordinance Chapter 175 (rev. 1/14/2010) correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 6. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this ~day of JI.)J{\-L-- ,2010. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA 5 5'~~ s. Scott Vandergrift, Mayor ~[1W e Eikenberry,Ci~ (SEAL) ADVERTISED JUY\..(, (;,2010 READ FIRST TIME jun..t I ,2010 ~SECOND~IMEANDADOPTED V\t l ~ ,2010 UNDER AGENDA ITEM NO. ~ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY ~ this Jrday orJike ,2010. ::Lv:Jiw City Attorney Ocoee Ordinance Chapter 175 (rev. 1/14/2010)