(A) Notification of violation.
(1) A written notice must be presented to any customer/person who has been found to be in violation of any part of this chapter.
(2) Such notice must explain the violation and give the time period within which the violation must be corrected. The time period set to correct a violation shall not exceed 30 days after receiving notice unless otherwise specified by the time period chart in § 51.64(K). If the violation has been determined by the Administrator, or his/her designee, to be an imminent hazard the customer shall be required to correct the violation immediately.
(3) In the event a customer is found in violation of this chapter and fails to correct the violation in a timely manner or to pay any civil penalty or expense assessed under this section, water service will be terminated.
(B) The violation of any section of this chapter may be punished by a civil penalty listed as followed:
(1) Unprotected cross-connection involving a private water system which has an imminent hazard - $1,000 per day not to exceed $10,000.
(2) Unprotected cross connection involving a private water system which is of a moderate or high hazard - $500.
(3) Submitting false records or failure to submit records which are required by this subchapter - $500. Failure to test or maintain backflow prevention assemblies as required - $100 per day.
(C) Reduction of Penalty.
(1) The Administrator, or his/her designee, may reduce or dismiss any civil penalty imposed under this section, if the Administrator, or his/her designee, has determined that the person charged with the violation has no past history of violation or corrects the violation in a timely manner as set by the Administrator or his/her designee.
(2) No civil penalty shall be reduced if it has been determined the violation was intentional.
(3) Any person violating any part of this chapter must reimburse the town for any expenses in repairing damage to the public water system caused by any violation and any expenses incurred for investigating a violation.
(D) Residential Users. Any residential user who shall violate any provision of this chapter shall be subject to civil penalties. Civil penalties for a violation of Stage II and III mandatory restrictions shall be as follows: a warning for the first offense; a civil penalty in the amount of $100 for the second offense; a civil penalty in the amount of $250 for the third and successive offenses. In Stage IV, there shall be no warnings given for violations by residential users of the mandatory restrictions of this Stage and the penalties shall be $100 for the first offense, $250 for the second offense and successive offenses.
(E) Non-Residential Users. Any non- residential customer who violates any provision of this chapter shall be subject to a civil penalty except as provided in subdivision (F) below. Civil penalties for a violation of any mandatory restriction of any Stage of this subchapter shall be as follows: a civil penalty of $250 for the first violation; a civil penalty of $500 for the second violation; and a civil penalty of $1,000 for the third and successive offenses.
(F) Accumulation of Violations. Violations shall be accumulated by all customers so long as this chapter, in any of its Stages, is continuously in effect and until no Stage of this chapter has been in effect for a period of one calendar year. Violations of any of the mandatory restrictions of any stage shall accumulate with violations of other Stages. Should a customer move, or cease and renew service, during the period described herein, the customer's violations shall continue to accumulate as if such move or cessation had not occurred.
(G) Civil Penalties for Excessive Water Use. Excessive use water rates imposed upon users by Stages III and IV shall constitute the sole monetary penalty for such excessive use. Other violations by such users shall be subject to the civil penalties set out herein. Other enforcement procedures shall apply to such users for excessive use and other violations.
(H) Whoever violates any provision of this chapter for which no other penalty has been established shall be punished as provided § 10.99
(Ord. 02-03-21, passed 11-12-02; Am. Ord. 02-03-30, passed 1-13-03)