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1977-10-07SPECIAL~ October 7, 1977 (Special Called Meeting) 4O9 Pursuant to the following waiver, the Board of County Supervisors of Albemarle County, virginia, met~ Special session at 3:30 P.M. on October 7, 1977, in the County Office BUilding, Charlottesville, Virginia, with the following members present: Mrs. Opal D. David and Messrs. Lindsay G. Dorrier, Jr., Gerald E. Fisher, F. Anthony Iachetta and William S. Roudabush. Absent: Mr. J. T. Henley, Jr. We, the undersigned, members of the Board of County Supervisors of Albe~rle County, Virginia, do hereby waive notice and special semvice thereof, of a meeting to be held at 3:30 P.M. on the 7th day of October, 1977, for the purpose of adopting an emergency Water Conservation Ordinance, and we do hereby consent to any and all business and the taking of such action at said meeting upon the matters hereinabove mentioned as may be lawful, incident and necessary thereto. William S. Roudabush Officers Present: County Executive, Guy. B. Agnor, Jr.; County Attorney, George R. St. John; and Deputy County Attorney, James V. BOwling, IV. The special meeting was called to order at 3:32'P.Mo by the Chairman, Mr. Fisher. Mr. Fisher said the purpose of this meeting is to adopt a mandatory water consumption ordinance due to the water shortage in the community. The Rivanna Water and Sewer Authority has requested to Board to adopt such an ordinance to reduce Water consumption. He noted that on October 5, 1977, a resolution was adopted by the Board directed to the Governor requesting 'permission to declare a local emergency in Albemarle County due to this shortage. Response has been received from the Governor permitting this enforcement. Mr. Agnor then reported to the Board the steps taken by the Rivanna Water and Sewer Authority to alleviate this water shortage problem. He noted weekly monitoring of the depth of water in Ragged Mountain and Sugar Hollow Reservoirs. The Rivanna Authority Board asked for voluntary consumption on September 12, 1977 and the effect has not been sufficient in terms of reducing daily consumption. On the basis of that, the Rivanna Board requested on October 6 that mandatory conservation be enforced. Mr. Agnor said plansare underway to connect the North Rivanna River water plant which currently serves only the Camelot Subdivision. If this plant is put into operation, Ragged Mountain and Sugar Hollow can be taken off of the system during the winter months. Mr. Agnor said voluntary compliance was step 1; this ordinance will be step 2; step 3 will be to change the rate structure; step 4 will be water rationing; and step 5 could mean periods~of time when consumers would be without water. Mr. Fisher then noted tw© corrections which should be made in the proposed ordinance: Page 2, third sentence of Section 7(a) insert "appl~am~on for" before "exemption"; Page 2, first sentence of Section 8(c), delete "his" and insert "appellant's". After some discussion, Dr. Iachetta offered motion to adopt the following ordinance with the corrections noted by Mr Fisher: AN ORDINANCE TO REDUCE WATER CONSUMPTION BY PROHIBITING EXCESSIVE USE OF WATER AND BY PROVIDING A PENALTY FOR VIOLATIONS WHEREAS, the Governor of Virginia has declared a local emergency due to a shortage of potable water in the urban area of Albemarle County, Virginia; and WHEREAS, during the continued existence of such water shortage the protection of the health, safety and welfare of the residents of the urban area of Albemarle County requires that certain uses of water, not essential to public health, safety and welfare, be reduced, and restricted or curtailed; NOW THEREFORE, be it ordained by the Board of SUpervisors of Albemarle County, Virginia as follows: 1. The Board of Supervisors of Albemarle County finds that there exists a local emergency with regard to the shortage of potable water in the urban areas of Albemarle County surrounding the City of Charlottesville. This local emermencv has likewism bean d~nlnr~d hv th= Cn~r=~n~ ~f w~=~o October 7, 1977 eSpecial Called M~eting~ 2. The Albemarle County Service Authority (the "Authority") and its executive director (the "executive director") are hereby authorized and directed to implement conservation measures by ordering the restricted use or absolute curtailment of the use of water for certain nonessential purposes for the duration of the water shortage in the manner set out in this ordinance. 3. For the purposes of this ordinance, unless the context clearly requires a contrary meaning, the term "water" shall mean potable water treated at the Observatory and North and South Rivanna Water Treatment Plants and withdrawn from the public water distribution system. 4. It shall be unlawful for any person to use water for any of the following purposes: (a) The washing of automobiles, trucks, trailers or any other type of mobile equipment except in vehicle wash facilities operating with a water recycling system approved by the Authority with a prominently displayed sign in public view so stating. (b) The washing of streets, driveways, parking lots, service station aprons, office buildings, exteriors of homes or apartments or other outdoor surfaces. (c) Watering of outside shrubbery, trees, lawns, grass, plants or any other vegetation, except from a watering can or other container not exceeding three gallon capacity. This limitation shall not apply to greenhouse or nursery stocks which may be watered in the minimum amount required to preserve plant life before 8:00 a.m. or after 6:00 p.m. (d) The operation of any ornamentalf~~n or other structure making a similar use of water. (e)'J..~The~fill~ng of_swimming or wading pools requiring more than five gallons of water, or the refilling of swimming or wading pools which were drained after the effective date of this ordinance, except that pools may be filled to a level of two feet below normal, or water may be added to bring the level to two feet below normal, or as necessary to protect the structure from hydrostatic damage, as to pools constructed or contracted for on or before the effectiwe date of this ordinance. (f) The service of drinking water in restaurants except upon request. (g) The use of water from fire hydrants for any purposes other than fire suppression unless otherwise specifically provided by the executive director. (h) The operation of any water cooled comfort air conditioning which does not have water conserving equipment in operation. 5. It shall be unlawful for any owner ~of any residential unit or units or any owner of any commercial or industrial establishment is found to be an excessive user of water due to leakage from water lines or plumbing fixtures on the premises to fail to take immediate action to repair and stop such leakage after so ordered by the executive director. 6. The executive director shall be authorized to issue orders to effect Compliance with this ordinance. 7. (a) Any person subject to an order from the executive director issued pursuant to this ordinance may apply to the Authority for an exemption. Such application for exemption shall be in writing and filed with the executive director of the Authority. (b) The Authority may, upon written application, permit an exemption or less than full compliance with any order of the executive director issued pursuant to this ordinance when, in its judgment, full compliance or compliance to any extent would create an unjust hardship. 8. (a) Any person aggrieved by an order of the executive director issued pursuant to this ordinance shall have the right of appeal to the Authority. (b) Notice of the appeal shall be in writing and filed in the office of the executive director within five (5) days after the date of the order of the executive director. (c) The executive director shall grant the appellant, at appellant's option, the opportunity for a public hearing on the appeal. The request for a public hearing shall be included in the written notice of appeal. The hearing, when requested, shall be held within ten (10) days of the request. (d) A decision shall be rendered by the Authority within ten (10) days after the hearing. In the event no hearing is requested, a decision shall be rendered within ten (10) days after the receipt of notice of appeal. (e) Every decision of the Authority under this ordinance shall be final; subject to such remedy as any aggrieved party might have at law or in equity. 9. The executive director shall be authorized to issue temporary waivers or exemptions within the provisions of this ordinance for such periods of time as may be necessary for the Authority to formally consider such or for the Authority to take appropriate action. 1977 (Special Called Meeting) ~..? : . ?~ny~p~sQn;~Dla', ~a ~p~pwzsmQntof,~thms~n~d~nmnae or:~-ian order .~.'~hf ~the executive director or of the Authority shall be guilty of a misdemeanor punishable bY a fine of not more than $500.00. Each day such violation continues shall constitute a separate offense. 11. An emergency having been found to exist, this ordinance shall be' effective immediately upon passage. Mr. Roudabush seconded the foregoing motion and same carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Iachetta and Roudabush. NAYS: None. ABSENT: Mr. Henley. The meeting adjourned at 4:01 P.M.