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MEMORANDUM To:City of Saint Anthony Village Parks & Environmental Commission From:Richard Sonterre, City Code Official Date:June 3, 2024 Parks & Environmental Commission Meeting Request:Compliance Approach and Fines Related to the City’s Watering Restrictions BACKGROUND As part of the 2024 Pyramid adopted by the City Council, a particular action item from the Climate Plan was highlighted for Council discussion, which is; “Water restrictions – enforcement and non-compliance fees.” Staff is asking for input from the Commission to convey to the Council on compliance approach and the idea of implementing non-compliance fees. Currently, the city utilizes two primary sets of language to seek compliance on this issue. First, Section 52.09 of City Code reads: No person may draw or use the city water system for the purpose of watering lawns or gardens during any period of emergency as declared under § 52.08, except during the days and hours permitted. Notice of the emergency and any permitted watering will be given by publication and posting. At no time may a hose larger than 1 inch in diameter be used from any service pipe without special permission of the City Council, and upon payment of a fee set forth in Chapter 33 for the water to be used from the special connection. Additionally, Council Resolution 17-032 further clarifies the specific dates, days and times in which season irrigation restrictions are to be adhered to, indicating: •Watering restrictions shall apply each year between April 15th and November 1st •Residents with an odd house number shall water lawns when necessary only on odd-numbered calendar days and those with even - numbered addresses shall water lawns only on even-numbered days. •Lawns shall not be watered between the hours of 11am – 6 pm •An exception may be granted for recently established lawns. Those lawns may be watered daily for one year following installation, but only during the hours listed above. COMPLIANCE APPROACH & FINES The City’s code compliance approach is based on an education-first method to inform those in violation of city code what parameters are in place and help residents gain compliance voluntarily, which is almost always adequate to address an issue. The City does not have an administrative fine component in the City Code, thus relies on voluntary compliance. Certain continual code violations can result in misdemeanors being prosecuted by the city’s prosecuting attorney, but only in the most extreme situations that would warrant that action. Since May 1, 2022 the city has made contact with twenty-two residents found to be in violation of Resolution 17-032. None of the twenty-two were repeat offenders and the majority of those found in violation were watering on the correct odd/even day, but were watering between 11am and 6pm. In no case has contact with residents in violation of the resolution been met with resistance. In fact, staff believes that these individuals were, as they claimed, unaware of that restriction.