HomeMy WebLinkAbout122121-05.11
ADMINISTRATIVE STAFF REPORT 5.11
TO: Mayor and Town Council December 21, 2021
SUBJECT: Ordinance No. 2021-04, repealing existing Chapter 32-80 of the Danville
Municipal Code and adding a new Chapter 32-80 to the Danville
Municipal Code adopting the California Model Water Efficient Landscape
Ordinance
BACKGROUND AND DISCUSSION
On November 16, 2021, the Town Council introduced Ordinance No. 2021-04, which would
adopt the California Model Water Efficient Landscape Ordinance (MWELO) as Chapter 32-
80 of the Danville Municipal Code, replacing the existing Chapter 32-80. Pursuant to state
law, the MWELO has been in effect since 2015 but has not been codified in the Municipal
Code. The ordinance is now before the Council for adoption.
PUBLIC CONTACT
Posting of the meeting agenda serves as notice to the general public.
FISCAL IMPACT
None.
RECOMMENDATION
Adopt Ordinance No. 2021-04, repealing existing Chapter 32-80 of the Danville Municipal
Code and adding a new Chapter 32-80 to the Danville Municipal Code adopting the
California Model Water Efficient Landscape Ordinance.
Prepared by:
Robert B. Ewing
City Attorney
Attachment: Ordinance No. 2021-04
ORDINANCE NO. 2021-04
REPEALING EXISTING CHAPTER 32-80 OF THE DANVILLE MUNICIPAL CODE
AND ADDING A NEW CHAPTER 32-80 TO THE DANVILLE MUNICIPAL CODE
ADOPTING THE CALIFORNIA MODEL WATER EFFICIENT LANDSCAPE
ORDINANCE
The Danville Town Council does ordain as follows:
SECTION 1. REPEALING CHAPTER 32-80 OF THE DANVILLE MUNICIPAL
CODE.
Chapter 32-80 of the Danville Municipal Code is hereby repealed.
SECTION 2. ADDING CHAPTER 32-80 TO THE DANVILLE MUNICIPAL CODE.
Chapter 32-80 is hereby added to the Danville Municipal Code to read as follows:
32-80 WATER EFFICIENT LANDSCAPE AND IRRIGATION STANDARDS
32-80.1 Adoption.
The State of California’s Model Water Efficient Landscape Ordinance (“MWELO”),
which is found at Sections 490-495 of Title 23, Division 2, Chapter 2.7 of the California
Code of Regulations, is adopted in its entirety.
32-80.2 Penalties.
Any person or entity which violates a provision of this Chapter shall be subject to
issuance of an administrative citation pursuant to Section 1-5.5 of this Code. The fines
associated with a violation shall be as follows:
a. A fine not to exceed $100 for a first violation.
b. A fine not to exceed $200 for a second violation within one year.
c. A fine not to exceed $500 for each additional violation with one year.
SECTION 3. CODIFICATION. Section 2 of this ordinance shall be codified in the
Danville Municipal Code.
SECTION 4. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a
summary of this ordinance published twice in a newspaper of general circulation, once
within five (5) days before its adoption and once within 15 (fifteen) days after adoption.
This ordinance shall become effective 30 days after adoption.
DocuSign Envelope ID: D593AF90-D1AB-466D-9276-3F77EAE44CC8
PAGE 2 OF ORDINANCE NO. 2021-04
SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of the ordinance. The Danville Town Council hereby
declares that they would have adopted the ordinance, and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that one or more sections,
subsections, sentences, clauses or phrases was declared invalid.
The foregoing Ordinance was introduced on November 16, 2021 and approved and
adopted by the Danville Town Council at a regular meeting held on December 21, 2021,
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_______________________
CITY ATTORNEY CITY CLERK
CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is
a true and accurate copy of Ordinance No. 2021-04 of said Town and that said
ordinance was published according to law.
Dated: __________________________
_________________________________
City Clerk of the
Town of Danville
DocuSign Envelope ID: D593AF90-D1AB-466D-9276-3F77EAE44CC8