Resolution No. 01-62 CITY OF TIGARD,OREGON
RESOLUTION NO.01-Loot,
A RESOLUTION AMENDING SECTION 199 OF THE RULES, RATES AND
REGULATIONS GOVERNING WATER SERVICE HANDBOOK
WHEREAS,the public interest is served by the ability to limit water usage during an
emergency
WHEREAS,amendments to the Rules,Rates and Regulations Governing Water
Service Handbook would clarify the process to be used to curtail water usage when
water shortages occur or are anticipated;
WHEREAS,the Tigard City Council has the authority under intergovernmental
agreements with the Tigard Water District,the City of Durham,and King City to amend
the Rules,Rates and Regulations Governing Water Service Handbook;
WHEREAS,the Intergovernmental Water Board has reviewed proposed amendments
to the Rules, Rates and Regulations Governing Water Service Handbook that clarify the
process to be used to curtail water in times of shortages and supports the proposed
amendments.
NOW THEREFORE, BE IT RESOLVED by the Tigard City Council that::
Section 19 of the Rules, Rates and Regulations Governing Water Service Handbook is
amended to read as follows:
A. Limitation on the Use of Water
(a) Limitation on the use of water as to hours,purpose,or manner may be
prescribed from time to time by order of the City of Tigard Public
Works Director, based on a finding that the limitation is reasonable
given the available and projected water supply and demand. Any
order under this section shall be reviewed by the Tigard City Council at
its next session following issuance of the order. The Tigard City
Council may affirm,withdraw or amend the order.
(b) The Tigard Public Works Director,the Tigard City Manager,or the
Tigard City Council may call for voluntary reductions in water use,
including but not limited to voluntary rotational watering plans.
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B. Findings and Declaration of a Water Emorgency.
Upon a finding that the municipal water supply system is incapable of
providing an adequate water supply for normal usage due to a drought,
system failure,or any other event,the Tigard City Council may declare a
water emergency and require that water usage must be curtailed. The
declaration shall include the effective date,the reason for the declaration,
and the level of prohibition declared. The Tigard City Council may include
an estimated time for review or revocation of the declaration. City of
Tigard staff and the Tigard City Council shall inform the
Intergovernmental(Nater Board of potential water emergencies and,when
possible,shall seek and consider advice and recommendations of the
IWB.
C. Levels of Prohibition.
(1)Level I—Limited. The following activities or actions are prohibited
under a Level 1 declaration:
(a)Watering,sprinkling or irrigating lawn,grass or turf;exceptions:
(i) New lawn,grass or turf that has been seeded or
sodded 90 days prior to declaration of a water
shortage may be watered as necessary until
established;
(ii) High-use athletic fields that are used for organized
play.
(iii) If the Level 1 declaration so provides,a mandatory
rotational watering plan may be imposed rather than
an absolute prohibition on watering.
(b)Watering,sprinkling or irrigating flowers,plants,shrubbery,
ground cover,crops,vegetation,or trees except from 6:00 p.m.
to 10:00 a.m.
(c)Washing,wetting down or sweeping with water,sidewalks
walkways,driveways, parking lots,open ground or other hard
surfaced areas;exceptions:
(1) Where there is a demenstratable need in order to
meet public health and 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;
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(11) Power washing of buildings,roofs and homes prior to
painting,repair, remodeling or reconstruction,and not
solely for aesthetic purposes.
(d)Washing trucks,cars,trailers,tractors and 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,or by bucket and hose
with a shut-off mechanism;exception:
(i) 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.
Owners/operators of these vehicles are encouraged
to utilize establishments that recycle or reuse the
water in their washing process.
(e)Cleaning,filling or maintaining decorative water features,natural
or manmade,including but not limited to,fountains,lakes,
ponds and streams,unless the water is recirculated through the
decorative water feature. Water features that do not include
continuous or constant inflowing water are not included.
(f) Wasting water by leaving unattended hoses running.
(g)Water line testing and flushing in connection with construction
projects;exception:
(i)Testing and flushing of critical water facilities
(h)Other actions that the Tigard City Council determines should be
restricted,consistent with a Level I situation,including any
restriction or curtailment imposed on the city by water suppliers
or applicable law,regulation or order.
(2)Level II—Moderate.The following activities or actions are prohibited
under a Level II declaration.
(a)Actions and activities prohibited in a Level I situation.
(b)Watering of any lawn,grass or turf, regardless of age or usage.
(c)Watering,sprinkling,or irrigating flowers, plants,shrubbery,
groundcover,crops,vegetation or trees.
(d)Washing of vehicles other than in establishments that recycle.
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(e)Power washing of buildings,regardless of purpose,is
prohibited.
(f) Any additional actions that the Tigard City Council determines
should be restricted consistent with a Level II situation.
(3)Level III—Severe. In addition to the restrictions imposed under Level
and Level 11,the Tigard City Council may impose any other restriction
on water use or activities that may require the need for water supplies,
consistent with water supply contracts.Activities that may require the
need for water supplies include fireworks displays and other events
that create a risk of fire. In imposing a Level III restriction,the Tigard
City Council shall consider any restriction recommended by the Public
Works Director, by any Fire District serving the City,by the IWB,or by
any of the jurisdictions to which the City of Tigard provides water.
D. Enforcement.
(1) Warning. The City of Tigard shall send a letter of warning for each
violation of a curtailment restriction if no previous letter of warning has
been sent to the person responsible for the violation. The letter of
warning shall specify the violation, may require compliance measures,
and shall be served upon the person responsible for the violation.
Service may be in person,by office or substitute service,or by
certified or registered mail,return receipt requested.
E. Penalties.
(1) First Violation—Warning letter.
(2) Subsequent Violations of the same type—To be determined by city or
district within violator is located.
F. Water Shut-Off.
After the third violation of a curtailment restriction,the Tigard Public Works
Director may order that the water service to the location where the
violation has occurred shall be shut-off or reduced. A shut-off notice shall
be posted on the property at least 48 hours prior to the scheduled shut-off
or reduction. The shut-off notice shall specify the reasons for the shut-off
or reduction. Any person wishing to avoid a shut-off must provide the
Tigard Public Works Director with evidence that the shut-off will create a
health or safety risk. All shut-offs imposed under this section shall be
temporary,not to exceed thirty(30)days,provided the applicable charges
are paid prior to reconnection. The reconnection charge and any
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applicable meter disconnection charge imposed shall be paid before the
reconnection.
G. Definition
As used in this section:
"Rotational watering plan"means a plan for watering lawns and/or
gardens on specific days or at specific times and not on other days or
times. A rotational watering plan may be voluntary or mandatory.
H. This resolution is effective immediately upon passage.
APPROVED: By Tigard City Council this 'V4-' day of2001.
�mes Griffith,May to
ATTEST:
City Recorder=City of Tigard
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