The purpose of this article is to provide for the declaration of a water supply watch, warning or emergency and the implementation of voluntary and mandatory water conservation measures throughout the City of Florence in the event such a watch, warning or emergency is declared.

(Prior Code 14-401; Code 2023)

(a)   Water, as the term is used in this article, shall mean water available to the City of Florence for treatment by virtue of its water rights or any treated water introduced by the City of Florence into its water distribution system.

(b)   Customer, as the term is used in this article, shall mean the customer of record using water for any purpose from the City of Florence water distribution system and for which either a regular charge is made.

(c)   Waste of water, as the term is used in this article, includes, but is not limited to (1) permitting water to escape down a gutter, ditch, or other surface drain, or (2) failure to repair a controllable leak of water due to defective plumbing.

(d)   Water used in the city of Florence is primarily for residential use.

(Prior Code 14-402; Code 2023)

Whenever the governing body of the City of Florence finds that conditions indicate that the probability of a drought or some other condition causing a major water supply shortage is increasing, it shall be empowered to declare by resolution that a WATER WATCH exists and that it shall take steps to inform the public and ask for voluntary reduction in water use. Such a watch shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the existence and end of a WATER WATCH shall be effective upon publication in the official newspaper or by individual notice to each customer.

(Prior Code 14-403; Code 2023)

Whenever the governing body of the City of Florence finds that drought conditions or some other condition causing a major water supply shortage or delivery capacity are present and supplies are starting to decline, it shall be empowered to declare by resolution that a WATER WARNING exists and that it will recommend restrictions on non-essential uses during the period of the warning. Such a warning shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the beginning and ending of the WATER WARNING shall be effective upon publication in the official newspaper or by individual notice to each customer

(Prior Code 14-404; Code 2023)

Whenever the governing body of the City of Florence finds that an emergency exists by reason of a shortage of water supply needed for essential uses, it shall be empowered to declare by resolution that a water supply emergency exists and that it will impose mandatory restrictions on water use during the period of the emergency. Such an emergency shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the existence and end of a water supply emergency shall be effective upon their publication in the official newspaper or by individual notice to each customer.

(Prior Code 14-405; Code 2023)

Upon declaration of a WATER WATCH or WATER WARNING as provided in 15-403 and 15-404, the city is authorized to call on all water consumers to employ voluntary water conservation measures to limit or eliminate non-essential water uses including, but not limited to, limitations on the following uses:

(a)   Sprinkling of water on lawns, shrubs or trees.

(b)   Washing of automobiles.

(c)   Use of water in swimming pools, fountains and evaporative air conditioning systems.

(d)   Waste of water.

(Prior Code 14-406; Code 2023)

Upon the declaration of a water supply emergency as provided in 15-405, the city is also authorized to implement certain mandatory water conservation measures, including, but not limited to, the following:

(a)   Suspension of new connections to the city’s water distribution system, except connections of fire hydrants and those made pursuant to agreements entered into by the City of Florence prior to the effective date of the declaration of the emergency;

(b)   The imposition of water rationing based on any reasonable formula including, but not limited to, the percentage of normal use and per capita or per consumer restrictions;

(c)   Complete or partial bans on the waste of water; and

(d)   Any combination of the foregoing measures.

(Prior Code 14-407; Code 2023)

Upon the declaration of a water supply emergency as provided in 15-405, the governing body of the City of Florence shall have the power to adopt emergency water rates designed to conserve water supplies. Such emergency rates may provide for, but are not limited to:

(a)   higher charges for increasing usage per unit of use (increasing block rates);

(b)   uniform charges for water usage per unit of use (uniform unit rate); or

(c)   extra charge in excess of a specified level of water use (excess demand surcharge).

(Prior Code 14-408; Code 2023)

During the effective period of any water supply emergency as provided for in 15-405, the city council of the City of Florence will promulgate such regulations as may be necessary to carry out the provisions of this policy, any water supply emergency resolution, or emergency water rate ordinance.

(Prior Code 14-409; Code 2023)

(a)   If the city council of the City of Florence or its operator charged with implementation and enforcement of this ordinance or a water supply emergency resolution learn of any violation of any water use restrictions imposed pursuant to 15-407 or 15-409 of this article, a written notice of the violation shall be provided to the customer of record and other person known to the city who is responsible for the violation or its correction. Such notice shall describe the violation and order that it be corrected, cured or abated immediately or within such specified time as the city determines is reasonable under the circumstances. If the order is not complied with, the City of Florence may terminate water service to the customer subject to the following procedures:

(1)   The City of Florence shall give the customer notice by mail or actual notice that water service will be discontinued within a specified time due to the violation and that the customer will have the opportunity to appeal the termination by requesting a hearing scheduled before the city or its representative as designated as a hearing officer by the governing body;

(2)   If such a hearing is requested by the customer charged with the violation, he or she shall be given a full opportunity to be heard before termination is ordered; and

(3)   The governing body or hearing officer shall make findings of fact and order whether service should continue or be terminated.

(b)   A fee of $50.00 shall be paid for the reconnection of any water service terminated pursuant to subsection (a). In the event of subsequent violations, the reconnection fee shall be $100.00 for the second violation and $200.00 for any additional violations.

(Prior Code 14-410; Code 2023)

Nothing in this ordinance shall limit the ability of any properly authorized official representing the city from terminating the supply of water to any or all customers upon the determination of such city official that emergency termination of water service is required to protect the health and safety of the public.

(Prior Code 14-411; Code 2023)