Indio Municipal Code § 54.064 Water

[Ord. 1528, 3-5-2008; Ord. 1563, 12-16-2009; Ord. 1762, 7-21-2021; Ord. 1833, 6-3-2026]

(A) Water waste prevention. Water waste from inefficient landscape irrigation allowing runoff, low head drainage, overspray or other conditions where water flows onto roadways, adjacent property or non-irrigated property is prohibited.

(B) Prohibition on certain covenants conditions and restrictions, all development. It shall be unlawful for covenants, conditions and restrictions of any development project or homeowners association to require the use of water-intensive landscaping or prohibit low water use landscaping.

(C) Landscaping equipment.

(1) Water meters. Separate landscape water meters shall be installed for all projects except for single family homes. All commercial, industrial and apartment buildings must have separate meters for landscaping installed by January 1, 2013.

(a) All meters are the property of the Indio Water Authority.

(b) Consumers, contractors, or any other person shall not tamper with or make inoperable any permanent meter that is installed to record water usage.

(c) All new construction shall have separate landscaping meters.

(d) Portable meters shall be installed on hydrants to record water use for construction use, air quality dust control or any other water use deemed acceptable by the Indio Water Authority. Meters shall be obtained from the Indio Water Authority.

(e) Only Indio Water Authority meters shall be used to record water usage in the Authority’s service area.

(2) Controllers. Automatic evapotranspiration, ET, controller systems or moisture sensing devices shall be required for all irrigation systems and must be able to accommodate all aspects of the design.

(3) Valves. Plants which require different amounts of water shall be irrigated by separate valves. If one valve is used for a given area, only plants with similar water use shall be used in that area. Anti-drain (check) valves shall be installed in strategic points to minimize or prevent low-head drainage.

(4) Sprinkler heads. Heads and emitters shall have consistent application rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance.

(5) Rain sensing override devices. Rain sensing override devices shall be required on all irrigation systems.

(6) Soil moisture sensing devices. It is recommended that soil moisture sensing devices be considered where appropriate.

(7) Vertical stops. Sprinklers must be equipped with vertical stops installed just below the sprinkler head which automatically shut off water to a broken sprinkler head.

(8) Backflow devices and valves. No consumer, contractor or any other person shall tamper with backflow devices or distribution valves without consent of the Indio Water Authority. Repairs of backflow devices shall be done by companies approved and authorized by the Indio Water Authority.

(9) Master values. Master values must be installed on all systems with a flow sensor for automatic shut off of the station based on 10% over flow rate.

(D) Remedies nonexclusive. Enforcement remedies provided in this chapter are not exclusive. The city may take all, or any combination of these actions against a person, as well as any other enforcement remedies which the city may have available.

(E) Administrative remedies.

(1) Notice of violation. Whenever an authorized enforcement official determines there has been a violation of this chapter, the official may serve a notice that enumerates the violations found and order compliance by a certain date.

(2) Administrative compliance order. Whenever an authorized enforcement official determines that a violation of this chapter has occurred, the official may require the submission of a detailed compliance schedule, including the actions that will be taken to correct said violation(s) or prevent future recurrences of said violation(s), to the authorized enforcement official for approval. A compliance order shall not relieve the violator of liability for any violation, including any continuing violation.

(3) Cease and desist order. Whenever an authorized enforcement official determines that a violation of this chapter is occurring, or that past violations are likely to recur, the authorized enforcement official may issue an order to cease and desist and take such appropriate remedial or preventive action as may be needed to properly address a continuing or potential violation, including halting operations and/or terminating the discharge.

(4) Termination of service. If the violation continues after the issuance of a cease and desist order, irrigation service to the facility may be turned off and remain off until corrective actions are taken to the satisfaction of the authorized enforcement official.

(5) Administrative civil penalties. The city may serve an administrative complaint on any person who has violated, or continues to violate, any provision of this chapter. Each day on which each instance of noncompliance shall occur or continue shall be deemed a separate and distinct violation. Procedures for application of administrative civil penalties shall be in accordance with standard procedures adopted by the city.

(F) Violations deemed a public nuisance.

(1) In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated and/or restored by any authorized enforcement official, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the city.

(2) If any violation of this chapter constitutes a seasonal and recurrent nuisance, the city shall conduct a hearing to consider revocation of a permit by serving notice to the permittee a notice of intention to revoke. The city will set forth the grounds for the hearing and designate a time and a place for the hearing.

(G) Guidelines adopted, procedure for amendment and modification. The Indio Water Authority Board and City Council shall from time to time consider and adopt “Landscape and Water Conservation Guidelines” as Section 4 of the City’s “Development Services Procedural Guidelines.” City and Indio Water Authority staff shall apply these guidelines to all new development and may amend or modify same administratively as deemed necessary and appropriate by the City Manager/Executive Director or his or her designee. Within 90 days of approval of any administrative amendment or modification of these guidelines, the City Manager/Executive Director shall present a summary of same to the City Council and the Indio Water Authority Board for review and ratification at a public meeting.

(H) Prohibition on potable water irrigation of nonfunctional turf.

(1) Purpose. This subsection implements California Water Code sections 10608.12 and 10608.14, as may be amended, and any implementing regulations, orders, forms, or guidance issued by the State Water Resources Control Board.

(2) Definitions. For purposes of this subsection, the following definitions shall apply:

COMMERCIAL PROPERTY, INDUSTRIAL PROPERTY, INSTITUTIONAL PROPERTY, HOMEOWNERS' ASSOCIATION, COMMON INTEREST DEVELOPMENT, COMMUNITY SERVICE ORGANIZATION OR SIMILAR ENTITY, DISADVANTAGED COMMUNITY, FUNCTIONAL TURF, NONFUNCTIONAL TURF, POTABLE WATER, AND PUBLIC WATER SYSTEM

Shall have the meanings set forth in California Water Code sections 10608.12 and 10608.14, as may be amended.

FUNCTIONAL TURF

Means a ground cover surface of turf located in a recreational use area or community space. Turf enclosed by fencing or other barriers to permanently preclude human access for recreation or assembly is not functional turf.

NONFUNCTIONAL TURF

Means turf that is not functional turf, and includes turf located within street rights-of-way and parking lots.

TURF

Means a ground cover surface of mowed grass, unless a different definition is established by applicable state law.

(3) Prohibition. No person shall use or permit the use of potable water to irrigate nonfunctional turf on properties subject to California Water Code section 10608.14, except to the extent expressly allowed by state law.

(4) Compliance dates. The prohibition in Subsection (H)(3) shall apply on and after the following dates, or such later date as may be authorized by the State Water Resources Control Board pursuant to state law:

(a) January 1, 2027, for all properties owned by local governments, local or regional public agencies, and public water systems, except as provided in Subsection (H)(4)(e);

(b) January 1, 2028, for all other institutional properties and all commercial and industrial properties, other than cemeteries;

(c) January 1, 2029, for all common areas of properties of homeowners' associations, common interest developments, and community service organizations or similar entities; and

(d) January 1, 2031, or the date upon which a state funding source is made available to fund conversion of nonfunctional turf to climate-appropriate landscapes, whichever is later, for properties owned by local governments, local public agencies, and public water systems in a disadvantaged community.

(5) Exceptions. The prohibition in this subsection shall not apply:

(a) To the use of non-potable water, including recycled or reclaimed water, where lawfully available and used in accordance with applicable requirements;

(b) To the extent necessary to ensure the health of trees and other perennial non-turf plantings;

(c) To the extent necessary to address an immediate health and safety need;

(d) To cemeteries, to the extent exempted by California Water Code section 10608.14; or

(e) To any use expressly exempted or deferred by the State Water Resources Control Board or other applicable state law.

(6) Customer communication and implementation. The City Manager or designee shall communicate the requirements of this subsection to water customers on or before January 1, 2027, and may prepare forms, notices, guidance, procedures, or administrative rules to implement this subsection.

(7) Certification and documentation. Any person subject to state certification, reporting, or compliance documentation requirements under California Water Code section 10608.14 or implementing state regulations shall timely submit required certifications to the State Water Resources Control Board and, upon request, provide copies or evidence of compliance to the City Manager or designee.

(8) Enforcement. A violation of this subsection may be enforced pursuant to this chapter, Chapter 12 of this code, any applicable water service rules or regulations, and any other remedy available at law or in equity. Each day that a violation exists or continues may be treated as a separate violation.

(9) No limitation on more restrictive measures. Nothing in this subsection limits the City's authority to impose more restrictive water conservation measures during a declared water shortage, water shortage emergency, or other lawful conservation program.

[Ord. 1684, 1-20-2016; Ord. 1762, 7-21-2021]

(A) This section shall apply to the following landscape projects:

(1) New development projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building, landscape permit, plan check or design review;

(2) Renovated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check or design review; and

(3) Existing landscapes installed before January 1, 2010 and over one acre in size, except that such landscapes shall be limited to complying with only those programs that the city or Indio Water Authority may adopt from time to time, which may include, but not be limited to, irrigation water analyses, irrigation surveys and irrigation audits that verify landscape water use does not exceed the maximum applied water allowance (MAWA) for existing landscapes. The maximum applied water allowance (MAWA) for existing landscapes shall be calculated as: MAWA = (.70) (ETo) (LA) (.62/748) unless landscape plans were submitted and approved under a stricter water conserving ordinance.

(B) This section does not apply to:

(1) Registered local, state or federal historical sites;

(2) Ecological restoration projects that do not require a permanent irrigation system;

(3) Mined-land reclamation projects that do not require a permanent irrigation system; or

(4) Plant collections, as part of botanical gardens and arboretums open to the public.

(C) Prior to installation, a landscape documentation package shall be submitted to the city for review and approval for all landscape projects subject to the provisions of this section. Any landscape documentation package submitted to the city shall comply with the provisions of the City of Indio/Indio Water Authority's Landscape and Irrigation System Design Criteria or, where service is provided by another water purveyor, the relevant landscape and irrigation system design criteria adopted by that water purveyor.

(D) Verification of compliance of the landscape installation with the approved plans shall be obtained through a certification of completion issued by the Indio Water Authority or other water purveyor in conjunction with a certificate of use and occupancy or permit process. The certificate of completion shall be filed with the Development Services Department.

(E) The city may delegate to, or enter into a contract with, another public agency, including the Indio Water Authority, to implement, administer, and/or enforce any of the provisions of this chapter on behalf of the city.

(F) The “City of Indio/Indio Water Authority Landscape and Irrigation System Design Criteria,” attached as Appendix A to Ordinance No. 1684 and any amendments thereto, is hereby adopted and incorporated herein by reference as if fully set forth below. The Director of Development Services or Indio Water Authority General Manager may amend this Design Criteria from time to time in a manner consistent with the purpose and intent of this section. One copy of the Design Criteria shall remain on file in the Office of the City Clerk.

(G) The City Council may establish by resolution fees for the cost of reviewing and monitoring landscape documentation packages and landscape irrigation audits. The landscape documentation review fee shall be due at the time that the landscape documentation package is initially submitted to the city.

(H) A violation of this section, including any provision of the City of Indio/Indio Water Authority Landscape and Irrigation System Design Criteria may be subject to an administrative citation pursuant to Chapter 12 of this code, except that the amount of fine shall be $250 per violation.

(I) An applicant, property owner or designee of any applicable project may appeal decisions rendered pursuant to this section, other than the imposition of penalties, to the City Manager or his or her designee, in writing, within 15 days of notification of the decision. The City Manager's decision shall become final on the fifteenth day following service of written notification of said decision unless a timely appeal to the City Council is submitted to the City Clerk within 15 days of notification of the City Manager's decision. The City Council's decision shall be final upon its adoption.

(J) The requirements of this section apply in addition to other applicable landscape development standards contained in Title XV of this code, including but not limited to § 162.120. In the event of any conflict between this section and the provisions of Title XV, the provision that contains the more stringent landscaping water efficiency requirement(s) shall control.

Subchapter 5. Fire Hydrants