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§ 6-1-1-99 PENALTY.
   (A)   The schedule for assessment of fees and application of flow restriction for a violation of §§ 6-1-1-5, 6-1-1-6, and 6-1-1-7 shall be as follows:
      (1)   First observed violation – $20;
      (2)   Second observed violation – $50;
      (3)   Third observed violation - $100;
      (4)   Fourth observed violation - $300;
      (5)   Fifth observed violation - $400;
      (6)   Sixth observed violation - $600;
      (7)   Seventh observed violation - $800;
      (8)   Eighth observed violation - $1,000;
      (9)   Ninth or more observed violation: Either a $1,000 fee per violation plus application of a flow restriction device at meter or a $2,000 fee per each violation. The flow restriction device cannot be removed by the responsible party and will not be removed by the utility until the responsible party adequately demonstrates to the city that the violation has ceased or until a variance is granted.
   (B)   For the purpose of assessing fees or flow restriction for violations of §§ 6-1-1-5, 6-1-1-6, and 6-1-1-7, any previous violation shall not be considered if:
      (1)   A period of five years has elapsed since the violation was incurred; or
      (2)   The property is acquired by a new owner; or
      (3)   The violation occurred prior to July 1, 1998.
   (C)   Any responsible party who violates any provision of §§ 6-1-1-8 through 6-1-1-10 shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed $500 and/or imprisonment for a period not to exceed 90 days. Application of fines for violations of the regulations in §§ 6-1-1-8 through 6-1-1-10 will comply with the Integrated Development Ordinance as currently adopted or subsequently amended. (See § 14-16-6-9).
   (D)   Any person who violates the provisions of this article for which no other penalty is set forth, shall be subject to the general penalty provision of this code set forth in § 1-1-99.
(Ord. 18-1995; Am. Ord. 24-1998; Am. Ord. 42-2001; Am. Ord. 49-2003; Am. Ord. 2017-025)