§ 51.999  PENALTY.
   (A)   (1)   The direct or indirect use of water from the town distribution system in violation of §§ 51.001 through 51.004, §§ 51.015 through 51.020, §§ 51.035 through 51.039, and/or §§ 51.050 through 51.056, is prohibited. Any water customer of the town distribution system that violates or permits the violation of these rules and regulations shall be subject to a penalty of $500.
      (2)   Each violation shall be added to the customer’s water bill and paid in the same manner as current payments to the town. Each day a violation occurs shall be considered a separate violation.
      (3)   The Director of Public Works shall be responsible for enforcing any restrictions imposed by these rules and regulations. If a violation is known to have occurred pursuant to this chapter, a written violation notice shall be affixed to the property where the violation occurred and mailed to the customer of record and any other person known to the town who is responsible for the violation and its correction. The written notice shall describe the violation and order that it be corrected immediately or within the specified time as the town determines is reasonable under the circumstances.
      (4)   If a violation notice is not complied with, or if violation fees for previous violations are not paid, the town may restrict or terminate water service subject to the following procedures:
         (a)   The town shall give the customer notice by mail or messenger that due to recurring violations or failure to pay for previous violations, water services will be restricted or terminated within a specific time. The customer will have the opportunity to appeal restriction or termination by requesting a hearing scheduled before an official designated as a hearing officer by the Town Manager. The request for a hearing should be made before the cut-off date. A prompt conference with a hearing officer will be held.
         (b)   If a hearing is requested by the customer charged with the violation, he or she shall be given full opportunity to be heard before restriction or termination.
         (c)   The hearing officer shall order whether services should be restricted or continued. The customer may appeal to the Town Manager for a prompt hearing. The Town Manager shall make findings of fact and order whether service should be continued or terminated.
         (d)   Any customer charged with the violation of this chapter may appeal the findings of the town hearing office or Town Manager to the Board of Commissioners.
(Prior Code, § 50.71)
   (B)   (1)   It shall be unlawful for any person, firm, or corporation to violate any provision of §§ 51.070 through 51.077, §§ 51.090 through 51.095, §§ 51.110 through 51.113, § 51.125, § 51.126, and/or §§ 51.140 through 51.146. Any person may be charged with violation and prosecuted in District Court. Any person so charged and found guilty shall be guilty of a misdemeanor. The penalty for violation shall be a maximum fine of $50 per occurrence, or imprisonment for not more than 30 days. Each day’s violation shall constitute a separate offense. The imposition of one or more penalties for any violation shall not excuse any violation or permit it to continue.
      (2)   In addition to or in lieu of criminal prosecution in division (B)(1) above, violation may also subject the violator or customer to a civil penalty of up to $500 per violation per day for so long as the violation exists. Each day on which a violation occurs or continues shall constitute a separate and distinct violation. In determining the amount of the civil penalty, the Manager shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, efforts to correct the violation, the compliance history of the person against whom the violation is assessed, the cost of enforcement to the town, whether the violation was willful or intentional, and any other factor as justice requires.
      (3)   The town shall serve a written citation on the violator, and the customer, if different, by personal delivery or by certified or registered mail, return receipt requested. The citation shall describe the violation and shall specify the amount of the civil penalty levied. The civil penalty is collectible in a civil action in the nature of debt. The imposition of one or more penalties for a violation shall not excuse any violation or permit it to continue.
   (C)   The penalty for violation of the grease trap requirement set forth in § 51.103 shall be $100 per billing period.
(Prior Code, § 51.30)  (Am. Ord. passed 8-16-2010)