(a) Except as provided by this subsection, no person shall open any valve or make any connection which will make possible the use of water which has not passed through a water meter, provided that:
(1) In special cases where it is impractical to meter the water and where the amount used can be accurately estimated and where proper arrangements are made for the payment of water so used, the Director of Public Works may grant temporary permission, in writing, for such use of water without a meter.
(2) In cases of ordinary building construction, a water meter shall be set in a place approved by the Department of Public Works, at the expense of the user, to measure the water used during construction. Water so used shall be charged for at the rates set forth in the schedule provided for in Section 1040.20.
(b) No person shall willfully or fraudulently prevent a water meter from duly registering the quantity of water, measured through the meter, or in any way hinder or interfere with the meter's proper action or just registration.
(c) In all prosecutions under this section, proof that the defendant, other than a lessor, had control of or occupied the premises where the offense was committed, or received the benefit of the water, used or consumed, shall be prima facie evidence of a violation of this section.
(d) A person who violates this section is responsible for a Class F Municipal civil infraction if the value of the water used or wasted, as a result of the violation is not more than five hundred dollars ($500.00), and shall be subject to the civil fines provided in Section 202.98. Provided, however, nothing in this section shall prevent or estop the city from assessing a person violating this section for the reasonable costs and charges associated with any unmetered water use.
(Ord. 14-01. Passed 10-16-01.)