On November 14, 2017, the Board of Supervisors adopted Ordinance No. 733. Ordinance No. 733 repealed Ordinance No. 730, which had previously established a water conservation program and water use restrictions for County Service Area No. 3 – Castella Water.
However, Ordinance No. 733 failed to expressly state the Board’s intent that the repeal of Ordinance No. 730 would not impact any action or prosecution or imposition of penalties associated with Ordinance No. 730 that were committed prior to November 1, 2017, the operative date of Ordinance No. 733. This is commonly referred to as a “Savings Clause.” The failure to include a “Savings Clause” was inadvertent.
Inclusion of the Savings Clause ensures that the County may enforce the imposition of penalties for violations of Ordinance No. 730 that were committed prior to its November 1, 2017 repeal date. The new ordinance contains the following “Savings Clause”:
"...The adoption of this ordinance shall not in any manner affect any action or prosecution for violations of Ordinance No. 730, which violations were committed prior to the operative date hereof, or be construed as a waiver of any fee, charge, penalty or fine required by or resulting from any such violations of Ordinance No. 730.
This provision is declaratory of the existing intent of the Board of Supervisors and the intent of the Board of Supervisors in previously adopting Ordinance No. 733..."