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5630-94 ORDINANCE NO. 5630`-94 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, PELA,T[iEG TO ER SHORTAGES; AMENDING SECTIONS 32.153' A ND 32. [59, CODE OF ORDINANCES, TO ADOPT BY :REFERENCE WATER USE RESTRICTIONS RELATING TO THE- IRRIGATION 'OF LAWNS, LANDSCAPING AND GOLF- COURSES ADOPTED BY THE BOARD OF COUNTY CO" eaISSIONERS OF PINELLAS COUNTY, FLORIDA, WHICH ARE MORE STRINGENT THAN THE WATER USE RESTRICTIONS OF T E CITY OF CLEARWATER FOR SUCH ACTIVITIES; AUTH'ORIZIN'G THE ENFORCEMENT OF PINELLAS COUNTY WATER USE RESTRICTIONS AND THE IMPOSITION OF PENALTIES FOR THEIR VIOLA"r:[ON AMENDING THE CATER USE RESTRICTIONS OF THE C I TY1 iE= CLEARWATER WHICH SHALL BE ENFORCED EXCEPT WHEN MORE :STRINGENT 'RESTRICTIONS OF PINELLAS COUNTY OR THE SOUTH64EST FLORIDA WATER MANAGEMENT DISTRICT ARE IN I EFFEi , CREATING SECTION 32.160,' CODE OF 'ORDINANCES, TO PROVIbE FOR VARIANCES: PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF C 'EAIRWATER; FLORIDA: III Section 1 . Sections 3.2. 35.3 and 32.159, Code of Ordinances,, are amended to read: ec. 5 � 32 1.,3. Dec l ar�at�„n of water- shortage condition or emergency b water management dust-Hct- or by P'inell'a.s Cgunty; enforcement; penalties. (1) Thei declaration of a water shortage condition or eater shortage emergency affecting all or any part of the city or its water service area by the governing board lor r the executive director of the district, or by the bard of county commission er of Pinellas County, Florida,, and the imposition b either agency of water use restrictions more stringent than the restrictions self forth in section 32. 1519„ shall invoke the provisions of this division. (2) Upan s0 -h declaration aid imposition of more stringent restrictions, the eater use restarictions imposed by the district or by Pinellas County �a + - .^-nr Ann 24 ;_i le..+ mi�is"t t e-&9.4& applicable to the 'city)or any portion thereof, are adopted by reference as if �ncorporat°ed herein aid shall be subject to enforcement action pursuant to section 32.154.` Any v'ioiation of the provisions of chapter 40D-21 , rlorida Administrative Code, or any order issued 'pursuant thereto, iinnclud;ing but not necessarily l i mi ced to Order 92-'12 of the district, as amended by 'Orders 92-21 and 92-60 of the`district, as the same may be amended from time to time', shall be,a violation of this division and shall be punishable as a class 'IV or higher classification violation as provided in section 32.155. Arry violation of an ordinance adopted by the board of ,' county commissioners of Pinellas County establish na restrictions on the irrigation of lawns, l<andscayin ii, or ,golf' courses, or any rules or rec�uTations romul ated b PinefJas County estab ishinr such restrictions , which restrictions aye more sts~_ n�er nt that thee` restrictions established by the district or ( section 32.1:59 a I below, and rhioh: areapplicable to the city or an ' portion thereof shalllbe a ' viola :ioh of this ivision and shall be punishable as a 'class 1V or h, , Mass>fic 'on violation :as provided in section 32155. Sec. 32.159. 'dater Use restrictions; enforcement; penalties. Except as proivi,ded in this section, the use of the water resource, wh0ther" vate frog" pub 11c or pritif ate Iy owned water~ utility systems , private wells or pr-� connections with surface water bodies, for irrigation shall be limited and restricted as fell9ws: r 2 Irri` a�.ion of established lawns and t �. a landsca in 9 p _9 . (a) The irrigation of established lawns by any method, anc the 1rrigation .of established landscaping by 'methods other than lbw-volume methods, shall be prohibited except ciurin 1 the hours of 5:00 a.m. to 9:00 a.m­ and -7 00 p.m. to 11:00 _ on all days of the week. (b)' = The irrigation of established lawns and landscaping shall be further restricted as 'follows: I At addresses ending in an even number or in the leiEters A through M, irrigation may occur from 5:00 a.m. to 9.00 a.m. - € and from 7:00 .r', to 11:00 p.m. 41 -10111 on Tuesdays) na Saturdays only. c . At addresses ending in an ;odd number or in the letters N through Z, or at locations with' ' no addreskses, irrigation May occur from 5:00 a.m. to 9:00 a.m. hl+ +^ 1n:110 a.m. and from 7:00 p.m. to 11 :00 411"A —z: m i on Wednesdays and Sundays orhly, (c) Irrigation of lawns after verticutting shall be permitted once a day as needed for not more than two weeks E�fter . verticutting; provided, however., that such irrigation shall be accomplished during the hours permitted for the irrigation of established lawns and landscaping. (3) Irrigation of new lawns and landscaping. irrigation of new lawns and landscaping shall be limited to the hours of 5:00 a.m. to 9:00 a.m. and from 7:00' p.m. to 11:00 ,I).m. 4 ;99 p.m., 101;001 ', ma=r but shall be permitted on any day of the week during the first 30 days after planting. Not less than 50 percent of the lawn or landsca0ed ar(I,a or portion '-hereof being irrigated must be new to qualify as a new, lawn ; or landscaping. 2 F L (6) >Exceptions. This section shall not apply:, (a) ; To the use of treated wastewater effluent, (b) To low-volume irrigation or hand-watering of nevw or established landscaping (excluding lawns) ; {c) To irrigation for the purpose of watering-in of insecticides, fungicides and herbicides, where such watering-in is required by the manufacturer or by federal , state or local law; provided, however, that such watering-in shall 'be permitted only during the hours allowed for normal irrigational i {id) To the operation of irrigation systems for testing purposes; provided, however, that such operation shall be lircp ted to 3 once per week per irrigation' zone {e) At times when more stringent water use restrictions of the Southwest Florida Mater iw9anagement District or of 1, nellas County, Florida, are in effect, in which case the' water use restrictions of the district or the county shall be enforced as provided in this article. ` Section 2. Section 32.160, Code of Ordinances, is ' created to read: Sec. 32.160.: : Vr* r:iances. (1) The D i rector of Pub 1 >c i;ork s may grant a variance from the erms 'of secs ion 32. 159 when such variance will not be co trary to the public interest and where, owing to special conditions, a literal enforcement of the provi!�ions 'of that section`w1ould result in hardship on the applicant. Hardship may include but is not limiteld + o physical handicap, irrigation system limitations, raligi©us convictions or the health and safety of the applicant. Such variance shall not be granted unless and until a written application for a variance shall be submitted demonstrating that: {u) ThePariance shall not be in conflict with any other apElicable ordinance or state law; (b) The 'variance will not adversely affect the water supply. (c) The ',variance will not violate the general spirit and intent'' of this Division nor, will it be inconsistent with the comprehensive plan. (2) The Director of Public Works shall consider the variance as '' soon as is practical after submittal of the written application. In grantl, ng any variance, th`eDirector of Public Works may prescribe appropriate conditions to assure conformance with the criteria listed in ;subsection' {1) above. Vi4oIat i on of such conditions , when made a part of the terms under which the var l�i'ance is granted, shall be deemed a violation of this section and shall be subject to t! e same enforcement and penalties as a violation of section 32. 159. 3 3r' �� 1 (3) If a variice is deflied,' the applicant may appeal the 'denial to the City Manager ;by r '«,inag a written request for 'a hearing with -the City 'Manager, within '15 days ollo'wing receipt of notice of denial of the 'v ar ncle. The hearing shall,: occur as soon as is r asonably practicable but not later than a days after recd i pit of the request for the hearing. The hearing ;shall pro °i d� for adequate due process as cons' itutionally required in any quasi ;°udicia1 proceeding. The City ;Manager may uphold the denial of the variance, giant the variance, or grant a var ',ante with such tens as the City Msanager deeds n `cessary to assure conformance with the criteria listed in subsection (1) above- Section! This ordinance shall take effect im€nediatel upon adoption. �— --- y p 1 PASSED OW FIRST READING AS AMENDED ;Tine 141 '1994 PASSED O SECOND AND FINAL READING AND ADOPTED July 21 , 199I4 , Rita Carve Mayor-Commissioner Attest:'. r ;yn hia E. Goudau Cit C )erk Approved t! f and correctness: M. A. Cabra'it r. Senior Assist' ts, ity Attorney 4 f