HomeMy WebLinkAboutInfo Item - Nuisance Water Education - Enfrcmnt PgrmCity of Palm Desert
(760) 346-0611
Coachella Valley
Water District
(760) 398-2651
PLEASE BE WATER WISE
Repair and Conserve
We wanted to bring the following circumstances to your attention and
provide some tips to help you correct it. Please help prevent water waste
and protect the Coachella Valley's most precious resource: water.
Location:
Date/Time:
Issued by:
A broken sprinkler head, marked by a flag, is causing water waste. Please
make necessary repairs.
The irrigation system for this property is running continuously causing water
to run off onto the street or sidewalk. Please check irrigation timer to ensure
it is working properly.
Improperly aligned or misdirected sprinklers, marked by a flag, are causing
overspray resulting in waste water run off onto the street or sidewalk. Please
adjust or redirect sprinkler heads towards turf or landscape areas.
Other:
LOCATION:
DATE TIME
A broken sprinkler head, marked by a flag, is causing water waste.
Please repair.
The irrigation system for this property is running continuously for too long;
causing water to run off onto the street or sidewalk.
Improperly aligned or misdirected sprinklers are causing overspray resulting
in waste water run off onto the street or sidewalk.
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: RECEIVE AND FILE INFORMATIONAL REPORT ON NUISANCE
WATER EDUCATION AND ENFORCEMENT PROGRAM
SUBMITTED BY: Pedro Rodriguez, Code Compliance Supervisor
DATE: July 10, 2014
CONTENTS: Nuisance Water Education and Enforcement Program
Copy of door hanger
Photo of yard flag
Recommendation
By Minute Motion, receive and file informational report on Nuisance Water Education
and Enforcement Program.
Backqround
California is facing one of the driest years on record, with the State's water supplies
dropping to record lows. This will continue to present problems throughout the State for
an undefined period of time. On January 17, 2014, Governor Brown proclaimed a State
of Emergency urging California residents to reduce water usage by 20 percent. At the
direction of the City Manager, staff was asked to develop and implement a nuisance
water education and enforcement program.
The purpose of the plan is to target water waste caused by improperly directed irrigation
heads and/or broken sprinklers spraying water into the public right-of-way. In
partnership with the Coachella Valley Water District (CVWD), all City field staff will be
tasked with identifying nuisance water waste and taking the necessary steps to educate
property owners in correcting the source of nuisance water.
The main objective of the program is education. Upon observing water waste, staff will
mark the broken sprinkler with a yard flag and place a door hanger on the property
advising the property owner that water is being wasted. Staff will then report the
address to CVWD via their website. CVWD will then dispatch their staff to investigate.
CVWD has the field personnel to respond and investigate overwatering complaints.
Staff Report
Wastewater Education and Enforcement Program
July 10, 2014
Page 2 of 2
However, they do not have enforcement authority or an enforcement mechanism in
place. If CVWD staff fails to gain compliance in correcting the source of water waste,
they will refer the matter to code compliance for enforcement action pursuant to
Chapter 8.20 of the Municipal Code. Attached for your review is the City's nuisance
water education and enforcement plan, a copy of the door hanger and photo of the yard
flag.
Fiscal Analvsis
The cost to implement this program was approximately $900 to purchase the door
hangers and flags.
Submitted by: Department Head:
"/-� � � _--�
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Pedro Rodriguez Lauri Aylaian
Code Compliance Sup rvisor Director of Community Development
CITY COUNCIL A�TION
APPROVED _DENiE�
RECEIVED,�`� "t OTHER
Approval:
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AYES: ��" �"�C/�� //?% � L7/J '
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John M. Wohlmuth, City Manager ABSENT: ' -
AI3STAIN:
VERIFIED 13Y:
Original on File with City Cl k's Office
r'"',�,'�
� � CITY OF PALM DESERT
- Nuisance Water Education and Enforcement Program
In partnership with Coachella Valley Water District
PURPOSE AND SCOPE
The purpose of this plan is to describe and outline enforcement response procedures used to
accomplish nuisance water enforcement. The following are specific objectives outlined for use of
"Best Management Practices (BMP)." BMP means schedules of activities, prohibitions of practices,
general good housekeeping practices, maintenance procedures, educational programs, and other
management practices to prevent or reduce the discharge or runoff of nuisance water directly or
indirectly to the public right-of-way.
• Define the range of enforcement actions based upon the nature and severity of the violation.
• Identify appropriate personnel who may initiate various education and enforcement actions.
• lllustrate the various documents that are used to implement the Enforcement Response Plan.
• Establish means of tracking progress towards compliance once enforcement has been
initiated.
• Promote compliance through education and consistent follow up actions.
FINDINGS
Because of the current statewide drought, and the declared policy of the State, the City finds and
determines that it is necessary and appropriate to adopt, implement and enforce a nuisance water
and conservation program in efforts to reduce water waste and promote conservation.
Education and enforcement of water waste resulting from damaged, unmaintained irrigation systems
and overspray is necessary to reduce nuisance water. The Coachella Valley Water District's
(CVWD) website has a link that allows residents to report nuisance water. CVWD has the field
personnel to respond and investigate nuisance water complaints.
Upon determining that nuisance water waste is occurring, CVWD will leave an educational door
hanger on the property and perform follow up inspections to ensure the problem is corrected.
However, they do not have enforcement authority or an enforcement mechanism in place.
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Current Ordinance and Tvpes of Complaints
The Palm Desert Municipal code defines a public nuisance as, among other things:
8.20.020 (T-8): Gasoline, oil, grease, water or other materials which flow onto the public right-of-
way, or the excessive accumulation of refuse and waste, grease and oil on any paved surfaces,
buildings, structures, walls or fences.
The following are the types of complaints received by Code Compliance:
• Excessive water flow on to the public right-of-way such as a pool drain without a permit.
• Water spraying into the public right-of-way when there is broken or missing sprinkler head.
When a complaint is received, a code compliance officer responds to determine if a violation exists.
Upon determining that a violation exists, education and enforcement methods are exercised to gain
compliance.
RECOMMENDATION
Utilize CVWD process of complaint intake and follow up for nuisance water complaints. Place link of
CVWD complaint form on City website for Palm Desert Residents. After a complaint is received and
investigated by CVWD staff and no compliance is obtained, it will be forwarded to Code Compliance
for enforcement.
Provide door hangers and yard flags to all City field inspection staff, (code, public works, landscape,
building and fire dept.) in order to promptly address any nuisance water occurring in their presence
during field inspections of properties or while in the course of their daily duties. An inspector from any
of the above-mentioned divisions who observes a broken sprinkler spraying water into the street, can
mark the broken sprinkler with a yard flag and leave a door hanger on the property advising the
business or homeowner that nuisance water is occurring.
ENFORCEMENT RESPONSE PLAN
ENFORCEMENT AUTHORITY
Chapter 8.20 of the Palm Desert Municipal Code provides for enforcement and penalties against
property owners who fail to comply with the requirements of the ordinance. Section 8.20.190 of the
municipal code, provides that the owner, occupant or agent of any lot or premises within the city
who permits or allows the existence of a public nuisance, as defined in Section 8.20.010, upon any
lot or premises owned, occupied or controlled by him, or who violates any of the provisions of this
chapter, is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a penalty as
provided in Chapter 1.12 of this code. Pursuant to this chapter, Code Compliance Officers are
authorized to enter and inspect premises to enforce nuisance water violations as outlined in this
chapter.
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APPLYING THE ENFORCEMENT RESPONSE PLAN
The enforcement response plan designates several alternative enforcement options for each type of
violation. Once a complaint is received, code compliance staff will select an appropriate response
from those options. Selection of the appropriate enforcement action will be based upon the
following criteria:
1. Voluntary Compliance
If the property owner attempts, in good faith, to comply, enforcement actions will be educational
with no punitive action.
2. Violation History of Propertv
The property's compliance history will be reviewed before initiating enforcement action to
determine the proper enforcement action. The history and effectiveness of previous enforcement
responses for this type of violation should also be considered. More severe
enforcement actions could be taken against frequent and repeat violators.
3. Aqqravated Violations
Violations that cause discharge of pollutants or harm to human health or the environment shall be
addressed through formal enforcement action and penalties as outlined in the National Pollution
Discharge Elimination System (NPDES) permit.
4. Maqnitude and Duration of the Violation
Violations of greater magnitude or severity that continue over prolonged periods of time should
also be addressed through an escalated response. For example, a nuisance water violation,
such as a stuck valve that occurs continuously without any intervention for a duration of several
hours or days shall be considered severe and escalated response will be required to cease
water waste from continuing to runoff into the public right of way. Attempts to locate the source
of the runoff (such as a valve or irrigation timer) to manually close the valve may be necessary.
Notification will be posted on the property advising of actions taken to cure the violation.
ENFORCEMENT ACTIONS
The enforcement actions available to Code Compliance Officers have been divided into two (2)
categories: Informal and formal.
• Informal enforcement is generally less severe with educational and administrative notices only.
• Formal enforcement can involve fines and penalties.
The Enforcement Response Plan establishes the enforcement actions that are appropriate in
particular circumstances. In general, Code Compliance will respond to an initial violation with an
informal enforcement action: typically a Notice of Violation (NOV) and follow up for compliance. If
the violation(s) are not corrected, a formal letter will be mailed requesting compliance. It may
escalate to a citation if no compliance is achieved. Violations that are more severe and/or involve
repeat violators may be escalated directly to formal enforcement.
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EDUCATIONAL AND ENFORCEMENT RESPONSIBILITIES
The following identifies the staff positions and their areas of responsibility:
EDUCATIONAL:
Coachella Vallev Water District Staff:
(1) Upon receiving, investigating and following up on a nuisance water complaint, CVWD
policies and procedures will be exercised to gain compliance.
(2) Failure to obtain compliance, the case will be referred to the City of Palm Desert Code
Compliance Division for further enforcement action.
All Public Works Field Staff:
(1) Upon observing and identifying nuisance water violations in field, will fill out and post
door hanger, place a yard flag on the source causing water waste.
(2) Refer the violation to CVWD via website compliant form
http://www.cvwd.or�/conserv�tian/waterwaste.php or by calling 760-398-2551.
(3) When referring a violation to CVWD, indicate that a door hanger was left on the
property and the source of water waste was marked with a yard flag.
Fire Safetv Inspectors:
(1) Upon observing and identifying nuisance water violations in field, will fill out and post
door hanger, place a yard flag on the source causing water waste.
(2) Refer the violation to CVWD via website compliant form
httt�://www.cvwd.orq/conservatinn/waterwaste.php or by calling 760-398-2551.
(3) When referring a violation to CVWD, indicate that a door hanger was left on the
property and the source of water waste was marked with a yard flag.
Buildinq and Safetv Inspectors: .
(1) Upon observing and identifying nuisance water violations in field, will fill out and post
door hanger, place a yard flag on the source causing water waste.
(2) Refer the violation to CVWD via website compliant form
http://www.cvwd.or /q canservation/waterwaste.php or by calling 760-398-2551.
(3) When referring a violation to CVWD, indicate that a door hanger was left on the
property and the source of water waste was marked with a yard flag.
Code Compliance Officers:
(1) Upon observing and identifying nuisance water violations in field, will fill out and post
door hanger, place a yard flag on the source causing water waste.
(2) Refer the violation to CVWD via website compliant form
http.11www.cvwd.orc�/conservationlwaterwaste.php or by calling 760-398-2551.
(3) When referring a violation to CVWD, indicate that a door hanger was left on the
property and the source of water waste was marked with a yard flag.
ENFORCEMENT:
Code Compliance Officers, upon receivina a complaint from CVWD:
(1) Reviews complaint and responds with appropriate enforcement action.
(2) Initiates and tracks formal and informal enforcement actions.
(3) Coordinates compliance and monitoring.
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