This application is for requesting a variance from Section 4-1-6 of the Water Waste Ordinance. The application will be considered pending on the date it is received by the Water Utility.
Variances are intended to be for a period of one year or less. Any variance granted will require the implementation of scheduled corrective measures for a one-year compliance strategy.
Once your application is received, enforcement activities will be suspended for the described area during the review process. A variance request does not affect enforcement of violations which occurred prior to your application.
The Water Waste Ordinance provides the framework for variance requests:
§ 4-1-8. VARIANCES AND APPEALS
The Executive Director shall be responsible for the enforcement of this article. The Executive Director may prescribe policies, rules, or regulations to carry out the intent and purposes of this article.
(A) Variances to § 4-1-4 (Watering Restrictions) and § 4-1-5 (Water Conservation Requirements for New Construction) and § 4-1-6 (Water Waste), and § [-4-1-7 (Special Permits).
(1) Administrative variances to the restrictions in §§ 4-1-4, 4-1-5, 4-1-6 and 4-1-7 may be issued by the Executive Director or his/her designee, provided that the general intent of this article has been met, compliance with this article is proven to cause practical difficulties and unnecessary hardship, and all options for abatement through modified water management have been exhausted. The criteria to determine hardship shall include level of capital outlay and time required to be in compliance with this article.
(2) Water Waste Variances may be issued for a period not to exceed one year and shall stipulate both short-term corrective measures and a schedule for completion of long-term corrective measures. Variances may be renewed on an annual basis if long-term corrective measures cannot be completed within one year.
It is your responsibility to provide detailed information to support your variance application. Your variance request must convincingly show that you have met all four of these criteria:
- the general intent of the ordinance has been met;
- compliance is proven to cause practical difficulties and unnecessary hardship;
- all options for abatement through modified water management have been exhausted;
- a plan exists to bring the property into compliance within one year.
Failure to abide by the conditions of a variance may result in revocation and enforcement actions. Please be sure your application includes a detailed schedule for compliance within one year.
This process may require a site inspection of the property. If the application involves landscape irrigation water, it is beneficial to have both the landscape maintenance contractor and the property manager or owner available during the site inspection. The Water Utility will contact you to schedule a site inspection.
You will be notified whether your application has been approved or denied.
If you require assistance to complete your application please contact the Water Waste Hotline at 842-9247 (Option 5) or Angelique Maldonado at 289-3253.