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TC Ord. No. 21-06 Amending Chapter 13.04 Pertaining to Water Use Restrictions and Incorporating Article XI of the Eagle River Water & Sanitation District's Rules and RegulationsORDINANCE 21-06 Amending Chapter 13.04 of the Avon Municipal Code Pertaining to Water Use Restrictions and Incorporating Article XI of the Eagle River Water & Sanitation District's Rules and Regulations WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality existing pursuant to the laws of the Colorado Constitution, the Colorado Revised Statutes ("C.R.S."), and the Town's Home Rule Charter; and, WHEREAS, the Town currently receives water service from the Upper Eagle Regional Water Authority (the "Authority"); and WHEREAS, the Town currently receives wastewater service from the Eagle River Water & Sanitation District (the "District"); and WHEREAS, these administrative responsibilities of the Authority and the District are performed by the District, by which administrative and operations personnel implement these rules and regulations for both the Authority and the District; and WHEREAS, the Town has consulted with experts and understands that the Western Slope of Colorado is in a sustained drought cycle and it appears that it will remain in such cycle for the foreseeable future; and WHEREAS, the District has adopted a Water Supply Response Plan to address drought conditions pursuant to those certain 2021 Rules and Regulations for Water and Wastewater Service, last update April 22, 2021; and WHEREAS, the Water Supply Response Plan outlines guidelines to manage the regional water supply and water use during times of actual or anticipated water shortages; and WHEREAS, the primary goals of this Water Supply Response Plan are to maximize the available water supply, reduce water use, and optimize streamflows when necessary to preserve reservoir storage, protect stream health, and protect public health and safety; and WHEREAS, if the General Manager of the District determines a declaration of a Water Supply Emergency is appropriate due to low river flows, or impairment of the water supply quantity and/or quality, the General Manager of the District may implement one of three levels of response depending on the severity of the situation; and WHEREAS, the Town wishes to be proactive in its efforts to address drought conditions and be consistent with the Authority and the District in such efforts so as to avoid confusion among Avon residents and promote responsible water use to the greatest extent possible; and WHEREAS, Section 31-16-202, C.R.S. provides a municipality may enact any ordinance which adopts by reference any statute, rule, regulation, or standard adopted by the federal Ord. 21-06 Water Restrictions 15/11/211 Page 1 of 4 government or the state of Colorado, or by any agency of either of them, solely by referring to such statute, rule, regulation, or standard in the text of such ordinance; and WHEREAS, the Town Council of the Town of Avon finds and determines that the Town's Municipal Code should be revised as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Chapter 13.04 Sections 120-150 of the Avon Municipal Code are hereby repealed and reenacted in their entirety to read as follows (Sections following shall be renumbered accordingly upon codification): CHAPTER 13.04 USE OF WATER SYSTEM Section 13.04.120 — Water Supply Response Plan The Town hereby adopts incorporates by reference the Water Supply Response Plan contained in Article XI of the 2021 Rules and Regulations for Water and Wastewater Service for the Eagle River Water Sanitation District and Upper Eagle Regional Water Authority, as amended (the "Response Plan"). Section 13.04.130 — Water Supply Response Plan - Nuisance (a) No person shall perform any act or acts constituting a violation of the Response Plan, and such violations shall constitute a nuisance under Chapter 8,24, nor shall any person create, keep, maintain or allow, or cause to be created, kept, maintained or to exist any violation of the Response Plan, which violation shall constitute a nuisance within the Town under Chapter 8.24. (b) The Town Manager or any person specifically authorized by the Town Manager shall investigate into every violation of the Response Plan within the Town, and the Town Manager shall have the power to abate such nuisance as further set forth in Chapter 8.24. Section 13.04.140 — Violations, Penalties and Civil Infractions. (a) Any person violating any of the provisions of the Chapter shall be subject to the penalties contained in Chapter 1.09 of this Municipal Code. Any remedies provided for in this Section shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law, The imposition of any penalty under this Chapter shall not preclude the Town or affected property owner from instituting any appropriate action or proceeding to require compliance with the provisions of this Chapter. (b) Every person violating any provision of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion of a day during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Municipal Code. Section 2. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be Ord. 21-06 Water Restrictions [5/11/211 Page 2 of 4 necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Counsel hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. No ExistinL, Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [EXECUTION PAGE FOLLOWS] Ord. 21-06 Water Restrictions [5/11/21] Page 3 of 4 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on April 13, 2021 and setting such public hearing for May 11, 2021 at the Council Chambers of the Avon Town Hall, located at 100 Mikaela Way, Avon, Colorado, or by virtual meeting as may be conducted under public health orders. OF AI�p B ATTEST: � �� �S Sarah Smith Hymes, May r renda Torres, Town leek ADOPTED ON SECOND AND FINAL READING on May 11, 2021. BY: ATTEST: �v Sarah Smith Hymes, ayo Brenda Torres, Town Clerk ' A L APPROV1fI7(6�Nlx sue, Wisor, Town Attorney Ord. 21-06 Water Restrictions [5/11/21] Page 4 of 4