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A. The assessment of surcharges, fees, and penalties is an exercise of the City’s regulatory and police powers, and monies collected from reconnection fees, penalties, and surcharges are not rates for production of water revenue. Monies collected from surcharges will be placed in a special fund. The fund will be used for furthering the purposes of this article including meeting the expenses of enforcement of this article, providing demand reduction assistance to customers, meeting demand reduction-induced cash shortfalls, or augmenting water supplies.

B. The Director may, in writing, grant variances to persons who apply, on forms supplied by the Department, for water uses not in compliance with the drought management response procedure or for relief of the drought surcharge. The Director may grant a variance if the water use is necessary to prevent an emergency condition relating to health, safety, or extreme economic hardship; is essential to governmental services such as police, fire, and similar emergency services; or is for customers who have made every reasonable effort to reduce water use. The Director may consider the applicant’s efforts to conserve water before onset of drought conditions in granting a variance. (Ord. No. G-6741, § 2 (Exh. A), 2020)