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7A ATTAC�NT 1 Page 9 Home Owners' Associations: Home Owners' Associations are encouraged to � �onsider the feasibility of usinQ recycled water for Jandscape irrigation in common oeieoaa:v�ra+r�� areas. o�a: a oelebea:e�aemai These statements apply to residential uses both within and outside of the current RecyGed Water Service Area as recycled water is expected to be extended �:��r -� e ond the current Recycled Water Service Area, o��a: ��,m�Pn�a,ne Projed E. Industrial Proiects; Inside and Outside of Recycled Water Service Area. � w„nauea;Bullets and Numberirg All Existing and New Industrial Projects shall consider the feasibility of providinq , for the use of recvcled water for industrial processes and coolinq. Section 38.54 Procedures. A. Recycled Water Application Process. Upon a final determinaation by the City that a property shall be served with recycled water, or adoption of a condition of development approval requiring use or accommodation of the use of recycled water,the water customer, owner or applicant shall complete an application to use recycled water. B. Existing Potable Water Service: Voluntary Retrofrts. Certain existing potable water customers in the Recycled Water Service Area will be provided the opportunity by the City to retrofit their system to accept recycled water. Section 38.55 Sanctions. A. Public Nuisance: The use of recycled water in any manner in violation of this ordinance and the City's Customer Guidelines for Recycled Water Use, as may be amended, is hereby declared a public nuisance and shall be corrected or abated as directed by City. Any person creating such a public nuisance is guilty of a misdemeanor. B. Injunction: Whenever the use of recycled water is in violation of this ordinance or otherwise causes or threatens to cause a condition of nuisance, the City may seek injunctive relief as may be appropriate to enjoin such discharge or use. � C. Penalty:Any owner and or operator who violates this ordinance may, for each� �F�rnwfYed:Indent:Left: 36 ar ) day of violation, or portion thereof, be subject to penalties in accordance with o�em:¶ IChapter 1 of the City Code,, Section 4. Severabilitv. If any section, subsection, provision or part of this ordinance, or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid,the remainder of this ordinance, and the application of such provision to other person or circumstances, shall not be affected thereby and shall remain in full force and effect and,to tFtat end, the provisions of this Ordinance are severable. ATTY/ORD/ORD.304 ( 042908