A. It shall be unlawful for any customer of the city to fail to comply with any of the provisions of this chapter. The penalties set forth in this section shall be additional to those penalties provided in any other section of this code or in state law.
B. The penalties for failure to comply with this chapter shall be as set forth below. The penalty for a second, third, fourth, or subsequent violation within the preceding twelve (12) calendar months shall be applicable regardless of whether prior violations within such period involved the same provision of this chapter.
1. First violation. The city will issue a written warning and deliver a copy of this chapter by mail or posting (i.e., door hanger).
2. Second violation. A second violation within the preceding twelve (12) calendar months is punishable by a fine not to exceed one hundred dollars ($100).
3. Third violation. A third violation within the preceding twelve (12) calendar months is punishable by a fine not to exceed two hundred and fifty dollars ($250).
4. Fourth and subsequent violations. A fourth and any subsequent violation is punishable by a fine not to exceed five hundred dollars ($500).
C. In addition to any fines, the city may install a water flow restrictor device of approximately one (1) gallon per minute.
D. In addition to any fines, the city may disconnect and/or terminate a customer's water service for a willful violation.
E. A person or entity that violates this chapter is responsible for payment of the city's charges for installing a flow restrictor or disconnecting and/or reconnecting service. A conservation fee equal to the termination and restoration of service charges per the city's Schedule of Fees and Charges as then in effect will be assessed to the customer's water account. All associated fees must be paid in full prior to service restoration. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.
F. 1. Except for violations of this chapter subject to excessive water use penalties, if any person fails or refuses to comply with this chapter, the City Manager shall provide that person with written notice of the violation and an opportunity to correct the noncompliance. The written notice shall:
a. Be posted or presented at the site of the noncompliance;
b. State the time, date, and place of violation;
c. State a general description of the violation;
d. State the means to correct the violation;
e. State a date by which correction is required;
f. State the possible consequences of failing to correct the violation.
2. A written notice shall be mailed to the address of the violation, to the party who is billed for the water, or to the owner of the property, as appropriate.
G. A customer may appeal the notice of violation by filing a written notice of appeal with the city no later than the close of business on the day before the date scheduled for enforcement action. Any notice of violation not timely appealed will be final. Upon receipt of a timely appeal, a hearing on the appeal will be scheduled, and the city will mail written notice of the hearing date to the customer at least ten (10) days before the date of the hearing.
H. Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the city may take steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water shortage level.
(Ord. 1123, passed 6-18-09; Am. Ord. 1221, passed 6-1-21)