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O 563 ORDINANCE NO. 563 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 13.06 TO TITLE 13 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING IMPLEMENTATION OF A MANDATORY PLUMBING RETROFIT PROGRAM AND PROCEDURE UPON THE CHANGE OF OWNERSHIP OF REAL PROPERTY WHEREAS, the City has found and determined that it is in the best interest of the City and its inhabitants to provide plumbing retrofit standards for the conservation of potable water supplies. Retrofit of existing plumbing fixtures will lessen consumption of limited potable water resources available to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: Chapter 13.06 is hereby added to Title 13 of the Arroyo Grande Municipal Code as follows: Chapter 13.06 Mandatory Retrofit Program 13.06.010 Definitions. A. "Change of ownership" means a transfer of a present interest in real property. Every transfer of property shall qualify as a "change of ownership", except transfer of title from one spouse to another, whether the transfer is voluntary, involuntary, by operation of law, by grant, gift, devise, inheritance, trust, contract of sale, addition or deletion of an owner, property settlement, or any other means. "Change of ownership" effected other than by a contract of sale shall be deemed to occur at the time of actual transfer of title. A "change of ownership" resulting from a contract of sale or similar instrument shall be so regarded only if escrow is opened or a contract of sale is executed, whichever occurs last, on or after the effective date of this chapter. B. "Low-water-use plumbing fixtures" means any toilet using a maximum of one and six-tenths (1.6) gallons per flush and shower heads designed to emit a maximum of two and one-half (2.5) gallons per minute (gpm) of water. C. "Retrofit" means the replacement of a conventional plumbing fixture with low- water-using plumbing fixtures. D. 'Water conservation certificate" means a certificate acknowledging that Installation of water-conserving plumbing fixtures has been completed. 13.06.020 Retrofit upon sale. A. Before the close of escrow for any change of ownership, defined by this chapter, of real property within the City, the selling owner(s) or an authorized agent shall ORDINANCE NO. 563 PAGE 2 certify compliance with the retrofit requirements of this chapter by obtaining a water conservation certificate in accordance with ~ 13.06.040. No property transfer shall be recorded until verification has been received by the City and a water conservation certificate has been issued to the seller. B. Pursuant to the authority vested to the City of Arroyo Grande under Civil Code Section 1102.6a, the City hereby requires disclosure of the retrofit requirements of this chapter, in transaction, transfer, or change in ownership subject to the provisions of this chapter. C. No liability shall arise nor any action be brought or maintained against any agent of any party to a transfer of title, including any person or entity acting in the capacity of an escrow, for any error, inaccuracy, or omission relating to compliance with this section. However, this section does not apply to a licensee, as defined in Section 10011 of the State Business and Professions Code, where the licensee participates in the making of the certification required to be made pursuant to this section with actual knowledge of the falsity of the certification. 13.06.030 Cost of Retrofit The cost of retrofit shall be borne by the owner of the property. The owner can request a retrofit through the City's existing plumbing retrofit program as outlined in the City's Water Conservation Program. This program allows for the cost of the retrofit to be paid by the City if water conservation funds are available. 13.06.040 Verification. A. Upon retrofitting with water-conserving plumbing fixtures, the seller, prior to the change of ownership, shall obtain from the utilities department a "water conservation certificate," in accordance with administrative procedures established by the department, verifying that water-conserving plumbing fixtures have been installed. The seller shall allow an inspection of property by City staff. B. "Water conservation certificates" shall also be available to those who voluntarily install water-conserving plumbing fixtures or have installed water-conserving plumbing fixtures prior to the effective date of this chapter. 13.06.050 Notice of correction. Whenever the Director of Public Works determines that there is a property where low-water-use plumbing fixtures have not been installed as required by this chapter or where such fixtures have been removed since initial installation and replaced with other than low-water-use fixtures, the Director may serve a notice of correction on the owner(s) of the property on which the violation is situated and any other person responsible for the violation. The owner of record shall have ninety days to take corrective action. Failure to take corrective action within ninety days shall constitute a violation of this chapter. -- ORDINANCE NO. 563 PAGE 3 13.06.060 Exemptions. The Director of Public Works may exempt facilities from the provisions of this chapter, and impose reasonable conditions in lieu of full compliance herewith, if the Director determines that there are practical difficulties involved in carrying out the provisions of this chapter. The Director may exempt facilities from the provisions of this chapter when low-water-using fixtures are not available to match a historic architectural style. The Director shall require that sufficient evidence or proof be submitted to substantiate any exemption or acceptance of alternatives. 13.06.070 Appeals. A. Content of Appeals. An appeal may be made to an appeals board, consisting of representatives from the Community Development Department, Financial Services Department, and Utilities Department, by any person aggrieved by a decision of the Director of Public Works pursuant to this chapter. The appellant must specifically state I in the notice of appeal: 1. The name and address of the appellant and the appellant's interest in the decision. 2. The nature of the decision appealed from and/or the conditions appealed from. 3. A clear, complete, but brief statement of the reasons why, in the opinion of the appellant, the decision or the conditions imposed were unjustified or inappropriate. 4. The specific facts of the matter in sufficient detail to notify the City. The appeal shall not be stated in generalities. B. Acceptance of Appeal. An appeal shall not be accepted by the City unless it is complete. 13.06.080 Penalties; infraction. It is unlawful to fail to comply with the retrofit requirements of this chapter or to alter or replace low-water-use plumbing fixtures required by this chapter with fixtures other than low-water-use plumbing fixtures. Violation of the provisions of this chapter shall constitute an infraction. Each day any violation of this chapter continues shall be considered a new and separate offense. 13.06.090 Remedies cumulative. The decision of the City to pursue either a civil or criminal or abatement action against a person violating any provision of this chapter shall not preclude further relief by use of any other remedy provided herein, or by common law, statute, or ordinance. ORDINANCE NO. 563 PAGE 4 SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unlawful. SECTION 3: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 4: This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. On motion of Council Member Dickens, seconded by Council Member Guthrie, and on the following roll call vote, to wit: AYES: Council Members Dickens, Guthrie, Arnold, Costello and Mayor Ferrara NOES: None ABSENT: None the foregoing Ordinance was passed and adopted this 8th day of February 2005. ORDINANCE NO. 563 PAGE 5 '-- ~.!A/ TONY M. FE , MAYOR ATTEST: 'v// . " I . [ ':!:S;;4:/ { 'l" .'...'U- ' \..:'. '- 1,1 1/ ~ L v L/,U!. / .. KELLY WETMORE, CITY CLERK v APPROVED AS TO CONTENT: .s;;;- ;/ //, //~;;.;.. --~;- STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TI OFFICIAL CERTIFICATION I, KELL Y WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached is a true, full, and correct copy of Ordinance No. 563 which was introduced at a regular meeting of the City Council on January 25, 2005; was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 8th day of February 2005; and was duly published in accordance with State law (G.C. 40806). WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 10th day of February 2005. I