§ 710.29. Water use restrictions.

Subdivision 1. Permanent restrictions on sprinkling . The following regulations shall apply annually from May 1 to September 30:

(a)

No lawn or garden sprinkling or other irrigation shall occur between the hours of 11:00 a.m. and 4:00 p.m. daily.

(b)

These permanent restrictions on sprinkling shall not apply to the watering of new sod or seed within 30 days of installation; new landscaping; or any other plant materials that require daily watering, including, but not limited to athletic fields with special soil conditions, plantings in pots and baskets, and vegetable gardens.

(c)

Property owners installing an automatic or underground irrigation system are required to install a rain sensor device. Property owners who are improving or extending an existing irrigation system and where such improvements require a plumbing permit, must install a rain sensor device at the time of such improvements.

Subd. 2. Water emergency. The City Council may declare, by resolution, a water emergency within the city. In case of emergency, the City Manager may declare a water emergency and institute restrictions without Council resolution; provided that such determination and restrictions shall only be effective until the City Manager determines that the emergency has ended or the next council meeting, whichever occurs first. Depending on the cause and severity of the emergency, the City Manager may place additional restrictions on the use of the city water supply system for lawns and garden sprinkling, irrigation, car washing, air conditioning, and other uses as specified by the City Manager's declaration.

The City Manager, or designee, may notify residents of water use restrictions by posting in the City Municipal Center, by publication in a newspaper of general circulation within the city, and by television and radio broadcast.

Subd. 3. Penalty. Failure to comply with restrictions or prohibitions imposed by this subsection shall result in a surcharge according to the following schedule:

First violation of calendar year	Warning
Second violation of calendar year	$25.00 surcharge
Third violation of calendar year	$50.00 surcharge
Subsequent violations	$100.00 surcharge

 

The City Manager, or designee, shall insert notice of the surcharge in the next water bill of the offending property. The property owner or violator must pay the surcharge upon payment of the water bill.

Subd. 4. Appeal . A property owner or violator may appeal the imposition of the surcharge by submitting a written notice of appeal to the City Manager within ten (10) days of the date of the water bill that includes the surcharge. Such notice must state the grounds for objecting to the surcharge. The City Manager, or designee, will issue a decision within ten (10) days of receipt of the appeal. A person may appeal the City Manager's decision in accordance with state law.

The City Council may certify an unpaid surcharge, together with penalties, to the County Auditor to be collected with other real estate taxes levied against the premises served. (Amended, Bill No. 2016-11)