HomeMy WebLinkAboutOrdinance No. 4530 - Ordinance - Critical Water Deficiency Declaration
declaration of a critical water emergency by the governor.Mandatory emergency conservation measures shall be implemented based upon the (d) accordance with subsequent provisions
of this chapter. in have been provided cept where variancesexto any provision in this chapter, commercial, industrial, governmental, or any other purpose in any manner contrary permit
the use of water received from a public water supply for residential, make, cause, use, or By virtue of this chapter, it shall be unlawful for any person to (c) his chapter. enforcement
procedures necessary to ensure compliance with tTo establish legal authority to carry out inspection, surveillance, monitoring, and (3) in effect during a crucial water deficiency;
and tory emergency water conservation measures which shall be To identify manda (2) critical water deficiency; water supply when the governor has declared a s To regulate the use of
the city’ (1) The objectives of this chapter are: (b) critical water deficiency pursuant to Minnesota Statutes section 103G.291.of a water supply upon declaration, by executive order
of the governor,s of the city’chapter establishes methods for promoting the conservation and controlling the use supply, to the maximum extent practicable, as required by federal and
state law. This water s of the citizens of the city by regulating the conservation and use of the city’The purpose of this chapter is to provide for the health, safety, and general
welfare (a) . ; intentPurpose1. -11-21Sec. enacted to read as follows:11 of the Rochester Code of Ordinances is hereby created and -Chapter 12 Section 1. :THE CITY OF ROCHESTER
DO ORDAINOUNCIL OF THE COMMON C 2. EFICIENCY AS AUTHORIZED BY MINN. STAT. § 103G.291, SUBDS. 1 ANDDNONESSENTIAL WATER USAGE UPON DECLARATION OF A CRITICAL WATER ROCHESTER CODE OF
ORDINANCES RELATING TO THE REGULATION OF 12OF TITLE 11-12CREATING AND ENACTING CHAPTER AN ORDINANCE _____ORDINANCE NO. 8 1Page (Supp. No. 5, Update 3) 26 15:23:28 \[EST\]-10-Created:
2023
least once prior to returning the water to the natural water cycle.means any system which enables a user to reuse water at Water recirculation system .through its authority under
Chapter XV of the Rochester City Chartermeans the governing board of Rochester Public Utilities, acting by and RPU Board water cycle.entering the natural -utilized more than once
before recollection devices and all water ther water collected from rooftops, paved surfaces, or o means Reclaimed water water supplier for the City of Rochester is designated as Rochester
Public Utilities.The public public water supply, as defined in Minn. Stat. § 144.382, subdivision 4.operates a entity that owns, manages, or or othermeans the city Public water
supplier other entity recognized by law and acting as either the owner or as the owner's agent. means any individual, association, organization, partnership, firm, corporation or
issuance of news releases. means notification through local media, including interviews and Notification to public violations observed during an inspection to the business or individual.
means written notification that documents and communicates (NOV)Notice of violation purposes.ized for agricultural any other outdoor vegetation, except outdoor vegetation utilmeans
the watering of shrubs, trees, sod, seeded areas, gardens, lawns, or rrigation I supplier, designated as Rochester Public Utilities.water means the general manager and chief executive
officer of the public General manager by the governor. deficiencymeans the declaration of a critical water Emergency .Chapter XV of the Rochester City Charteracting by and through
its authority under , Rochester Public Utilitieseans m Department service from Rochester Public Utilities.means a residential, commercial, or industrial customer receiving water Customer
Rochester City Charter.8.02 of the –clerk as defined in Chapter VIII, Sections 8.01 means the city lerk C 2. Definitions. -11-12Sec. 8 2Page (Supp. No. 5, Update 3) 26 15:23:28
\[EST\]-10-Created: 2023
.emergency response plans or procedureswater supply plans established or through notification to the public as quickly as possibleThe city shall provide council, or the official
city bulletin board. place of the commonusual meeting shall immediately post notice of the emergency declaration at the supplierpublic water by the governor, the deficiency Upon
the declaration of a critical water .critical water deficiency. Declaration of 7-11-12Sec. . manner not contrary to this chapterater from the public water supply in a l ensure that
there will be no use of wany person wilminimum standards; therefore, this chapter does not intend or imply that compliance by The standards set forth herein and promulgated pursuant
to this chapter are Ultimate responsibility. 6.-11-Sec. 12 the environment shall control. provision is more restrictive or imposes higher protective standards for human health orimposed
by any other ordinance, rule, regulation, or other provision of law, whichever er imposes restrictions different from those of law, and where any provision of this chaptin addition
to the requirements of any other ordinance, rule, regulation, or other provision ordinance, rule, regulation, or other provision of law. The requirements of this chapter are local,
state, or federal This chapter is not intended to modify or repeal any other Compatibility with other regulations. 5.-11-Sec. 12 interest of or in the employ of the city. to persons
or entities acting in the beneficial gerdelegated in writing by the general mana chapter. Any powers granted or duties imposed upon the public water suppliershall administer, implement,
and enforce the provisions of this ger The general mana Responsibility for administration. 4.-11-Sec. 12 control water use on any premises.or the public water suppliercustomers of
applies to all ordinance This .. Applica3-11-12Sec. 8 3Page (Supp. No. 5, Update 3) 26 15:23:28 \[EST\]-10-Created: 2023
and welfare. ,vehicles requiring frequent washing to protect public health, safetyprohibited, except at facilities equipped with wash water recirculation systems, and for and other
types of mobile equipment is ,trailersThe washing of automobiles, trucks, g) prohibited.or other exterior water features is ,The filling of swimming pools, fountains, spas f) Operation
of outdoor misting systems used to cool public areas is prohibited. e) ecifically requested by the customer.to their customers, unless water is spRestaurants and other food service
establishments are prohibited from serving water d) systems.source is prohibited, except at facilities equipped with wash water recirculation ressurized play apparatus connected to
a pbased -The outdoor use of any water c) except to alleviate immediate health or safety hazards, is prohibited.other paved areas with water from any pressurized source, including
garden hoses, or ,of sidewalks, driveways, parking areas, tennis courts, patios or spraying b) , is prohibited.water, except for those areas irrigated with reclaimed agricultural
land-Outdoor irrigation of yards, gardens, golf courses, parklands, and other non a) use shall be enforced:water mandatory restrictions upon nonessential Upon declaration of a water
emergency and notification to the public, the following cy water conservation measures.. Mandatory emergen8-11-12Sec. 8 4Page (Supp. No. 5, Update 3) 26 15:23:28 \[EST\]-10-Created:
2023
to whom the notice of violation is directed; violatoralleged y be assessed against thethat shall or ma (ies) statement of the a (5) ;chapter and a time schedule for the completion
of such remedial actiondescription of the remedial measures necessary to restore compliance with this a (4) ith its duration, if known;statement specifying the nature of the violation
and the date and time it started, a (3) upon which the violation is occurring, or has occurred;he address, when available, or a description of the building, structure or land t (2)
of the alleged violator;he name and address t (1) :The notice of violation shall containsupplier may order compliance by written notice of violation to the responsible person. violated
a prohibition or failed to meet a requirement of this chapter, the public water that a person has Whenever the public water supplier finds Notice of violation. c) action or any other
enforcement action, if a warning notice is not issued.limit the authority of the general manager to take any action, including emergency e. Nothing in this subsection shall occurring
before or after receipt of the warning noticto the warning notice in no way relieves the alleged violator of liability for any violations offending activity will cease. Investigation
and/or resolution of the matter in response ution, whereby any customer to immediately investigate the matter and to seek a resolspecifying the particular violation believed to have
occurred and requesting the general manager or designee may serve upon that person a written warning notice, order issued hereunder, the continues to violate, any provision of this
chapter, or any When the public water supplier finds that any person has violated, or Warning notice. b) in a manner provided by law. ned in this section or may be restrained by injunction
or otherwise abated actions outlicontinues to violate the provisions of this chapter may be subject to the enforcement with any of the requirements of this chapter. Any person who has
violated or It shall be unlawful for any person to violate any provision or fail to comply Violations. a) .s, enforcement and penalties. Violation01-11-12. Sec is final.RPU Board The
decision of the ), below. 10(f-1on 1iaccording to Sectshall conduct a hearing RPU BoardRPU Boardsubmitting a written appeal to the An applicant may appeal the denial of a variance
within five (5) days of the decision by would result in serious hardship to a customer. its provisions strict application of wheregrant variances to this ordinance is authorized to
designee or general managerThe . Variances. 9-11-12Sec. 8 5Page (Supp. No. 5, Update 3) 26 15:23:28 \[EST\]-10-Created: 2023
will be required to show proof of equipment failure.was the cause of the violation. A letter from a qualified vendor or equipment invoice may be granted an administrative waiver
if evidence is provided that equipment failure is final. Violators RPU Board The decision of the. compliance within a reasonable timeor may affirm it and require the recipient to come
into vacate the notice, mayBoard RPU right to appear in person or by counsel. At the conclusion of the hearin time and place where the hearing will be held and shall notify the recipient
of theirhall provide notice of the sRPU Board fter, the . Thereadate of the notice from thebusiness days (10) within ten RPU Board submitted in writing to the appeal shall be The .
ater service under this chaptersuspension of wa notice of or and/penalty, . An alleged violator may appeal a warning notice, a notice of violation, a civil f) ant to this section,
without the prior approval of the general manager.pursuwater services. A person commits an offense if the person reinstates water service general manager or designee will notify a violator
of the proposed suspension of its The supply. he public waterperty if such suspension would avoid further harm to tprothe public water supplier may suspend the provision of water
to the of violation, be continuing after the alleged violator has received a warning notice and a notice more violations of emergency mandatory water conservation measures are found
to here W Suspension of water service due to ongoing violation of this chapter. e) to pursue other legal remedies.penalties shall in no way limit the right of the public water supplier
imposition of civilowner or current occupant of the premises where the violation occurred. The Civil penalties shall be added to the monthly water bill of the .ceipt of the noticerey
of up to $1,000.00 for each day the violation remains unremedied after penalta e may impos he notice, then the public water supplierthe schedule described in tset forth in any written
notice or otherwise fails to cure the violations according to In the event the alleged violator fails to take the remedial measures penalties. d) .the violatorgovernmental agency
or a contractor and the expense thereof shall be charged to the work will be done by a designated the established time schedule, statement specifying that, should the violator fail
to restore compliance within a (7) of the notice of violation; andbusiness days of receipt (10) by filing a written notice of appeal within ten BoardRPU statement that the determination
of violation may be appealed to the a (6) 8 6Page (Supp. No. 5, Update 3) 26 15:23:28 \[EST\]-10-Created: 2023
monitoring expenses.chapter, including sampling and all attorney's fees, court costs, and other expenses associated with enforcement of this may recover remedies. The public
water supplier to seek cumulative the general managerr local law, and it is within the discretavailable under any applicable federal, state, oThe remedies listed in this chapter are
not exclusive of any other remedies . Remedies not exclusive.41-11-Sec. 12 enjoin, or otherwise compel the cessation of such nuisance may be taken. action to abate, be summarily
abated or restored at the violator's expense, and/or a civilto public health, safety, and welfare, and is declared and deemed a nuisance, and may caused or permitted to exist in violation
of any of the provisions of this chapter is a threat n In addition to the enforcement processes and penalties provided, any conditio . Violations deemed a public nuisance.31-11-Sec.
12 Stats. § 429.101 if not paid following invoicing. Costs of abatement may be assessed against the premises pursuant to Minn. . Cost of abatement of violation.21-11-Sec. 12 premises
for the purposes set forth above. to refuse to allow the government agency or designated contractor to enter upon the wful for any person, owner, agent or person in possession of any
premises It shall be unlato take any and all measures necessary to abate the violation and/or restore compliance. the public water supplier shall enter upon the subject private property
and are authorized affirming the notice of violation, then representatives of RPU Boarddecision of the city notice of violation, or, in the event of an appeal, within seven (7) business
days of the If the violation has not been corrected pursuant to the requirements set forth in the . Enforcement measures after appeal.11-11-Sec. 12 8 7Page (Supp. No. 5, Update
3) 26 15:23:28 \[EST\]-10-Created: 2023
AYOR OF SAID CITYM ___________________________________ 24.APPROVED THIS _____ DAY OF ______________________, 20 CITY CLERK ATTEST: __________________________
PRESIDENT OF SAID COMMON COUNCIL ___________________________________ 024.ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2 THE CITY OFBY THE COMMON
COUNCIL OF D PASSED AND ADOPTE This ordinance shall be effective as of the date of its publication. Section 2. 8 8Page (Supp. No. 5, Update 3) 26 15:23:28 \[EST\]-10-Created:
2023