§ 31-141.86. Variances.

The city manager, or his/her designee, including the utilities director, may in writing, grant temporary variance for existing water uses otherwise prohibited under this plan when it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance and if one (1) or more of the following conditions are met:

(1)

Compliance with this plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect.

(2)

Alternative methods can be implemented and will achieve the same level of reduction in water use.

Persons requesting an exemption from the provisions of this division shall file a written petition for a variance with the city utilities department within five (5) days after Stage 2, Stage 3, or Stage 4 has been declared. All petitions for variances shall be reviewed by the city manager, or his/her designee, including the utilities director, and shall include the following:

(1)

Name, address, and contact information of the petitioner(s).

(2)

Purpose of water use in detail.

(3)

Specific provision(s) of the plan from which the petitioner is requesting relief.

(4)

Detailed statement as to how the specific provision of the plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this division.

(5)

Description of the relief requested.

(6)

Period of time for which the variance is sought.

(7)

Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this plan and the compliance date.

(8)

Other pertinent information.

Variances granted by the city utilities department shall be subject to the following conditions, unless waived or modified by the city manager or his/her designee:

(1)

Variances granted shall include a timetable for compliance.

(b)

Variances granted shall expire when the plan is no longer in effect, unless the petitioner has failed to meet specified requirements.

No variances shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.

Any petitioner requesting a variance will agree to follow certain watering conditions, as described in the approved variance, and violation of such conditions will result in a water waste fine without prior written warning(s).

( Ord. No. 2014-O-048, §1(Exh. A), 4-21-14 )