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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 � w PHONE(503)639-1554 G 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. Z 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. 3 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 2 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. 5 3 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 W