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9.30.120
<br />(Pleasanton Supp. No. 28, 7-22) 274
<br /> 7. The serving of drinking water other than
<br />upon request in eating or drinking establishments, in-
<br />cluding, but not limited to, restaurants, hotels, cafés,
<br />cafeterias, bars, or other public places where food or
<br />drink are served and/or purchased;
<br /> 8. Use of potable water for any purpose in ex-
<br />cess of the customer’s allowed usage as provided in Sec-
<br />tion 9.30.070.
<br /> 9. Use of potable water for outdoor landscap-
<br />ing through a dedicated irrigation meter within the city’s
<br />recycled water use area unless otherwise exempted by
<br />the director for existing water customers, or city engi-
<br />neer for new development. (Ord. 2231 § 2, 2022; Ord.
<br />2221 § 2, 2021; Ord. 2148 § 1, 2016; Ord. 2118 § 1,
<br />2015; Ord. 2104 § 1, 2014; Ord. 2092 § 1, 2014)
<br />
<br />9.30.120 Adjustments.
<br /> A. Any customer who believes that the applica-
<br />tion of the provisions of this chapter results in unfair
<br />treatment or causes undue hardship may seek an adjust-
<br />ment in the customer’s allocation.
<br /> B. The customer shall pay all amounts due and
<br />owing on their utility bill, expect for any disputed pen-
<br />alty imposed by the city pursuant to this chapter.
<br /> C. Such customer shall request the adjustment
<br />in writing and shall state with specificity the reasons
<br />why the adjustment is warranted, and provide any appli-
<br />cable supporting documentation. Such request for an
<br />adjustment shall be submitted within 30 days of receipt
<br />of the bill that is the subject of the adjustment request.
<br /> D. The director shall consider all requests and
<br />make a written decision, transmitted by U.S. mail or
<br />email, within 30 days of receiving all information sup-
<br />porting the adjustment request. Basis for granting an
<br />adjustment may be granted by giving particular consid-
<br />eration to the following:
<br /> 1. The reduction would cause conditions
<br />threatening to health, sanitation, fire protection or safety
<br />of the customer, the customer’s dependents or the gen-
<br />eral public.
<br /> 2. The reduction would cause unfair economic
<br />hardship, including, but not limited to, loss of employ-
<br />ment, loss of production, or loss of jobs, or be unfair or
<br />result in the unnecessary loss of a business.
<br /> 3. Medical requirements of the customer.
<br /> 4. Permanent change to the household size of
<br />the residential customer (temporary visitor(s)/guest(s) do
<br />not warrant a request for adjustment).
<br /> E. The director’s decision may be appealed in
<br />writing to the city manager for reconsideration on the
<br />written record. Such appeal shall be submitted within 15
<br />days of the date of the director’s decision. The city man-
<br />ager shall review written material submitted by the cus-
<br />tomer, written information from the director, and shall
<br />issue a decision within 30 days of receipt of the com-
<br />plete written materials. The city manager’s decision as
<br />to the request shall be final.
<br /> 1. Within 10 days after the denial of an ad-
<br />justment appeal is deemed final, the customer shall pay
<br />any disputed penalty imposed by the city. (Ord. 2231 §
<br />2, 2022; Ord. 2221 § 2, 2021; Ord. 2148 § 1, 2016; Ord.
<br />2118 § 1, 2015; Ord. 2104 § 1, 2014; Ord. 2092 § 1,
<br />2014)
<br />
<br />9.30.130 Notification to customers.
<br /> After the city council adopts a water shortage con-
<br />tingency plan stage, customers will be notified by the
<br />city’s website, publication in the newspaper, local elec-
<br />tronic media, and/or by mail. The failure of any cus-
<br />tomer to receive actual notice shall not invalidate any
<br />action taken by the city council as to a particular cus-
<br />tomer nor reduce the amount of the penalties provided
<br />herein. (Ord. 2231 § 2, 2022; Ord. 2221 § 2, 2021; Ord.
<br />2148 § 1, 2016; Ord. 2118 § 1, 2015; Ord. 2104 § 1,
<br />2014; Ord. 2092 § 1, 2014)
<br />
<br />9.30.140 Calculation of allowable water use for
<br />new customers.
<br /> Where the current customer has no billing history,
<br />or only a partial billing history, the director shall deter-
<br />mine the customer’s allocation, based upon the alloca-
<br />tion for similar customers. (Ord. 2231 § 2, 2022; Ord.
<br />2221 § 2, 2021; Ord. 2148 § 1, 2016; Ord. 2118 § 1,
<br />2015; Ord. 2104 § 1, 2014; Ord. 2092 § 1, 2014)
<br />
<br />9.30.150 Severability.
<br /> If any provision of this chapter is held to be un-
<br />constitutional, it is the intent of the city council that such
<br />portion of such chapter be severable from the remainder
<br />and that the remainder be given full force and effect.
<br />(Ord. 2231 § 2, 2022; Ord. 2221 § 2, 2021; Ord. 2148 §
<br />1, 2016; Ord. 2118 § 1, 2015; Ord. 2104 § 1, 2014; Ord.
<br />2092 § 1, 2014)
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