Sonoma City Council sets fines for water waste

Compliance is high, but there are still a few water wasters out there who continue to ignore the city’s water conservation ordinance. Perhaps watching their money go down the drain in the form of a $100 fine per violation will get people’s attention.
A unanimous city council vote Wednesday night revises the Water Shortage and Conservation Plan established in March. In addition to establishing what City Attorney Tom Curry called an effective enforcement system, the change also lifts the ban on residential ornamental fountains and commercial re-circulating ornamental fountains.
The fines for wasteful watering, officially known as administrative penalties, start at $100 for the first violation and will be added to a customer’s water bill. The fine would be $200 for a second violation of the same code section within the same year, and $300 for the third or any subsequent violations. Additional penalties for each day the violation continues could be added as well to the customer’s bill.
It is unlikely a case would get that far, according to Public Works Director Melinka Bates. Most violations of the city’s water conservation ordinance are simple mistakes, she said, such as a timer set incorrectly or a broken sprinkler. She said once alerted to the problem by a city employee 99.8 percent of the customers are anxious to fix it.
Recipients of an initial violation notice – called an “oops letter” – is given a courtesy phone call, and then receives a follow-up letter. If after these steps the violation continues, a certified letter would be sent stipulating “a reasonable time to correct the violation prior to the imposition of the penalty,” according to the revised ordinance.
Anyone receiving a notice of violation can request a meeting of appeal with an independent hearing officer. (It is unclear who might serve in this capacity). Such a meeting must be requested within 15 days of the violation notice or the right is waived.
In extreme cases, the city could, after a hearing before the city council, order the installation of a flow-restriction device or shut off service completely.
Council member August Sebastiani voted for the policy despite a concern that the enforcement system relies largely on anonymous complaints and phone calls. “There has been a growing number of ordinances pitting neighbor versus neighbor,” he said, “we live in a small town. I worry what might happen to that.” Council members Laurie Gallian, Steve Barbose and Mayor Ken Brown also voted in favor. Joanne Sanders is on vacation.
In other council business, Development Services Director Wayne Wirick outlined projects moving forward with $555,000 in funding through the American Recovery and Reinvestment Act. The money has made possible an energy efficiency project at Village Green ($37,000); equipment purchases by the Sonoma Police Department ($18,000); and the re-paving of Fifth Street West between MacArthur and Napa Streets ($500,000). “We will likely secure more funds,” Wirick said.
The meeting also featured a display of emotion rarely seen in council chambers – a standing ovation. Park Supervisor Dave Chavoya, retiring after 36 years of service to the city, particularly in care of the Plaza, received a tribute and proclamation from Mayor Ken Brown.
Chavoya remarked, “When I first came, there were no benches, no lights, no sprinklers. I’ve seen it really grow over the years.” He could be stern in defense of his beloved Plaza. He said that recently he found himself yelling at a child whose father, “I yelled at when he was a kid.”
Regarding a plaque in his honor in the Plaza, a matter of minor dispute between the council (pro) and the Community Services and Environment Commission (con), the modest Chavoya apologized for any misunderstanding, adding, “There have been lots of plaques put in there, but who cares? I don’t want to get in a big scandal.” He said the plaque was Mayor Brown’s idea. “I said ‘OK,’” laughed Chavoya, “he’s the mayor – I couldn’t argue with him.”