Ordinance No. 1-92 'RETURN TO: 93059082
WsshlnQton County
TIGARD WATER DISTRICT
I 8777 S.W.BURNHAM ST.
P.O.BOX 230000
TIGARD,OREGON 97281-1999
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w PHONE(503)639-1554
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TIGARD WATER DISTRICT
ORDINANCE NO. 1-92
An emergency ordinance establishing water conservation measures, adopting rules to
restrict water usage and enforcement of violations, and providing for the Board of
Commissioners to declare an emergency during a period of water shortage.
Ordinance No. 1-92
An emergency ordinance establishing water conservation measures, adopting
rules to restrict water usage and enforcement of violations, and providing for
the Board of Commissioners to declare an emergency during a period of water
shortage.
WHEREAS, the Tigard Water District's contract with the City of Portland for surplus water
requires the District to comply with Portland's water curtailment measures; and
WHEREAS, Portland has enacted water curtailment measures effective July 2, 1992, because
the Bull Run watershed has experienced the lowest spring rainfall and streamflows since 1899,
and demand for water during May and June was unusually high due to record-breaking high
temperatures, and current reservoir levels are dangerously low, and Portland wells are
unavailable for sustained use; and
NOW, THEREFORE, the Board of Commissioners hereby ordains:
Section 1. The Board may declare a water supply emergency and enact, by Resolution, water
conservation measures, restriction and enforcement policies as described in Exhibit A, upon
finding the District's water supply may be threatened during a water shortage.
Section 2. Water conservation measures and enforcement rules detailed in Exhibit A are adopted
in entirety, to be used upon adoption of a resolution declaring a water supply emergency.
Section 3. The Board declares that this emergency ordinance is necessary because failure to
immediately adopt restrictions may result in the inability to ensure adequate water supply to
the citizens of the Tigard Water District and may adversely affect public health, safety and
welfare. The ordinance shall be in full force and effect from and after its passage by the Board.
Enacted this 11th day of August, 1992, by the Board of Commissioners of the Tigard Water
District by unanimous vote of the members of the Board.
Audrey Castile, t ari of the Board
ATTEST: J
-1( 11 ii_ CC
J r L. Chenelle, Administrative Director Date
Commissioners Aye Nay Abstain
Audrey Castile X
Jon Kvistad X
Clarence Nicoli X
Robert Wyffels Niko.
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Exhibit A
of Section 2
Tigard Water District
Water Conservation Measures
Section A: Prohibited Water Uses
Section B: Exceptions to Prohibited Water Uses
Section C: Enforcement
A: Prohibited Water Uses
Upon a finding by the Board that a water shortage exists or is imminent or that
any other emergency situation exists that threatens seriously to disrupt or diminish the
District's water supply, the following uses of water may, as determined by the
Administrative Director or designee, be prohibited except as outlined in "Section II
Exceptions".
Prohibited uses:
1. Watering, sprinkling or irrigating established lawn, grass or turf;
2. Watering, sprinkling or irrigating flowers, plants, shrubbery, ground cover,
crops, vegetation or trees except from 6:00 pm to 10:00 am;
3. Washing, wetting down, or sweeping with water, sidewalks, walkways,
driveways, parking lots, open ground or other hard surfaced areas;
4. Washing trucks, cars, trailers, tractors, or other land vehicles or boats or
other water-borne vehicles, except by commercial establishments or fleet
washing facilities which recycle or reuse the water in their washing
processes;
5. Cleaning, filling or maintaining decorative water features, natural or man-
made, including but not limited to: fountains, lakes, ponds and streams,
unless the water is recirculated through the decorative water feature. Water
features which do not include continuous or constant in-flowing water are
not included;
6. Other actions deemed necessary.
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Exhibit A, Ordinance 1-92
B. Exceptions to Prohibited Water Uses.
1. Watering, sprinkling or irrigating established lawn, grass or turf;
EXCEPTIONS:
• New lawn, grass or turf, that was previously bare ground, that has been
seeded or sodded since March 1 of the calendar year, may be watered as
necessary until established; lawn, grass or turf that is part of a commercial
sod farm; high-use athletic fields that are used for organized play; golf tees
and greens.
2. Washing, wetting down, or sweeping with water, sidewalks, walkways,
driveways, parking lots, open ground or other hard surfaced areas;
EXCEPTIONS:
• Where there is a demonstrable need in order to meet public health or safety
requirements, such as: to alleviate immediate fire or sanitation hazards; for
dust control to meet air quality requirements mandated by the Oregon
Department of Environmental Quality;
3. Washing trucks, cars, trailers, tractors, or other land vehicles or boats or
other water-borne vehicles, except by commercial establishments or fleet
washing facilities which recycle or reuse the water in their washing
processes.
EXCEPTIONS:
• Where the health, safety and welfare of the public is contingent upon
frequent vehicle cleaning, such as: to clean garbage trucks and vehicles
that transport food and other perishables, or otherwise required by law.
C. Enforcement
1. Enforcement of violations are adopted in accordance with ORS 198.600 and
ORS 264.306.
(a). Letter of Warning. A Letter of Warning shall be in writing, shall specify
the violation, may require compliance measures, and shall be served upon
the Customer either personally, by office or substitute service, by first class
mail, or by posting in a conspicuous place on the building, place or
premises where the violation occurred.
(b). Notice of Violation. For violation of each prohibition, the Customer will
receive one Letter of Warning prior to receiving a Notice of Violation. A
Notice of Violation shall be in writing, shall specify the violation, may require
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Exhibit A, Ordinance 1-92
°... compliance measures, may assess a civil penalty, and shall be served upon
the Customer either personally, by office or substitute service, by first class
mail, or by posting in a conspicuous place on the building, place or
premises where the violation occurred.
2. Schedule of Penalties. In addition to any liability, duty, or other penalty
provided by law, the Administrative Director of the Tigard Water District may
assess a civil penalty for any violation of requirements under Ordinance
1-92 after a Customer has previously received a letter of warning for the
same type of violation. If the same violation is repeated, a fine may be
assessed in the following manner:
- First notice of violation of same type $100
- Second notice of violation of same type $300
- Third notice and subsequent violation(s) of same type $500
a. Penalties Assessed in a Notice of Violation. A penalty is
due and payable upon receipt of the notice of assessment, and may be
added to the total amount due on water bills. Procedures for collection
of past due penalties shall be the same as for past due water bills,
resulting in shut-off of water if payment is not received after notice and
appeal rights have been exhausted.
3. Settlement of Penalty. Upon receipt of a notice of assessment of an
enforcement action, a Customer may request a conference with the
designee of the Administrative Director, who may settle any unpaid penalty
where deemed appropriate.
4. Appeal of Assessment of Penalty. Upon receipt of a notice of
assessment, a Customer may appeal the assessment to the Administrative
Director. The appeal is required to be in writing and with sufficient proof to
argue the assessment. The written appeal must be received in the Tigard
Water District office at 8777 SW Burnham St., Tigard, Oregon 97223-9917
within 30 days of the date of issuance of the assessment.
Upon receipt of the notice, a time and place will be set for the hearing
within 30 days. At the hearing, the appellant may present oral and
documentary evidence relevant to the charge of violation. After hearing the
evidence, the Administrative Director or designee, will make a determination
within 15 days, which determination shall be final.
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TIGARD WATER DISTRICT
8777 SW Burnham Street
Tigard, OR 97223
Ordinance 1-92
(THIS PAGE LEFT BLANK)
STATE OF OREGON
County of Washington SS
I,Jerry R.Hanson,Director of Assessment
and Taxation and Ex-Officio Recorder of Con-
veyances for said county, do hereby certify
that the within instrument of writing was
received and recorded in book of records of
said county.
Jerry R. Hanson, Director of
Assessment and Taxation, Ex-
Officio County Clerk
Doc : 93059082
Rect: 104624 38. 00
07/26/1993 09: 09: 16AM
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