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Effective
September 26, 2003, all residential, commercial, and
industrial buildings in
the City of Capitola
receiving water
from the Soquel Creek District are required to be retrofitted
completely, if not already conforming, with low consumption
plumbing fixtures at the time of sale of the property. Under
the law, the seller of the property is responsible for the
following:
- Replacing
any toilets, showerheads, and urinals that don't meet the
low consumption standards,
- Obtaining a
Water Conservation Certificate from the Soquel Creek Water
District, and
- Disclosing
retrofit requirements to the buyer of the property, before
the property changes ownership.
Copies of the
written disclosure form and the Water Conservation Certificate
are to be included with documents transferring the property. Note:
If your property is in the unincorporated Santa Cruz County
area you
must comply with the Santa Cruz County ordinance for water
conservation.
Click
here for Santa Cruz County instructions.
summary
of ordinance
Authority: Capitola Municipal Code 13.02.
All
existing residential, commercial, and industrial buildings
that use water in showers, toilets, and urinals, shall, at the
time of sale of the property, be retrofitted exclusively with
low consumption plumbing fixtures. The Seller shall be
responsible for complying with the requirements of this
chapter and for obtaining a water conservation certificate
from the Soquel Creek Water District before the sale of the
property.
low
consumption plumbing standards
-
Toilets:
1.6 gallons per flush;
-
Showerheads:
2.5 gallons per minute;
-
Urinals:
1.0 gallon per flush
verification
Prior
to the time of sale, the Seller must verify compliance by one
of the following methods: 1) physical inspection of the
building by District staff, licensed plumbing contractor, or
other authorized person, 2) documentation of retrofit from the
District’s toilet rebate program, or 3) documentation that
all structures on the property were constructed or renovated
in 1994 or later. The District issues a water conservation
certificate to the Seller once compliance has been verified.
option
to transfer responsibility for retrofitting to the buyer
The Seller and Buyer may mutually agree to transfer
responsibility for retrofitting to the Buyer. The Seller is
required to submit a Transfer of Responsibility form to Soquel
Creek Water District before the property is sold. The Buyer
has ninety (90) calendar days from the date of the sale of the
property to perform the retrofit and verify compliance.
exemptions
An exemption from these requirements may be granted if
the District determines that the building drainage system or
public sewer, or both, are incompatible with low consumption
toilet specifications and require a greater quantity of water
to flush the system in a manner that is consistent with public
health. Sufficient evidence must be submitted to substantiate
any exemption. Properties
recognized by a federal, state or local historic registry are
exempt from retrofit when authentic plumbing fixtures are
present and they can not be replaced by matching low
consumption fixtures.
failure to comply
If
the seller fails to comply with the retrofit requirements, the
buyer shall install the low consumption plumbing fixtures
within 90 days from the date of sale. Any seller who fails to
comply with the requirements of this chapter may be liable to
the buyer in the amount of two hundred and fifty dollars
($250) for each fixture that does not comply with this chapter
at the time of sale, or the actual costs of the buyer to
comply with this chapter, whichever amounts are greater.
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