(A) Any regulated facilities described in § 52.23 installed or operated without first having obtained a permit from the Village Board of Trustees shall be deemed a nuisance and the village shall proceed to abate such facility in accordance with §§ 92.27 or 130.29. In addition thereto, any person violating any of the terms of § 52.23 shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not more than $500 for each offense. A new violation shall be deemed to have been committed every 24 hours of such failure to comply.
(Prior Code, § 3-126)
(B) (1) If the Chairperson of the Village Board, Water Superintendent or other village official or officials charged with implementation and enforcement of these provisions or a water supply emergency resolution learn of any violation of any water use restrictions imposed pursuant to §§ 52.46 through 52.48, a written notice of the violation shall be affixed to the property where the violation occurred and the customer of record and any other person known to the village who is responsible for the violation or its correction shall be provided with either actual or mailed notice. Said notice shall describe the violation and order that it be corrected, cured or abated immediately or within such specified time as the village determines is reasonable under the circumstances. If the order is not complied with, the village may terminate water service to the customer subject to the following procedures:
(a) The village shall give the customer notice by mail or actual notice that water service will be discontinued within a specified time due to the violation and that the customer will have the opportunity to appeal the termination by requesting a hearing scheduled before the village governing body or a village official designated as a hearing officer by the governing body;
(b) If such a hearing is requested by the customer charged with the violation, he or she shall be given a full opportunity to be heard before termination is ordered; and
(c) The governing body or hearing officer shall make findings of fact and order whether service should continue or be terminated.
(2) A fee of $50 shall be paid for the reconnection of any water service terminated pursuant to division (B)(1) above. In the event of subsequent violations, the reconnection fee shall be $200 for the second reconnection fee and $300 for any additional reconnections.
(3) Violations of §§ 52.40 through 52.49 shall be a municipal offense and may be prosecuted in county court. Any person so charged and found guilty in county court of violating the provisions of any of these provisions shall be guilty of a municipal offense. Each day’s violation shall constitute a separated offense. The penalty of an initial violation shall be a mandatory fine of $100. The penalty for a second or subsequent conviction shall be mandatory fine of not less than $200 nor more than $500.
(Prior Code, § 3-136)
(Ord. 260, passed 2-8-2011)