(A) Any person who takes an unauthorized act, acts without a permit or approval required by this chapter, or violates any provision of this chapter shall be guilty of a Class 1 misdemeanor pursuant to the provisions of § 10.99 of the Town Code;
(B) When the town finds that a person has violated or continues to violate any provisions of the chapter, the Town Utility Director shall provide the person committing such violation a written notice of violation addressed to the service address and the mailing address for the account a request to correct such violation. If within five days of the receipt of this notice, either the violation has not been corrected or the notice of violation has not been appealed pursuant to division (C) of this section the following actions shall be taken:
(1) The issuance of a second written notice of violation and demand to correct and if not corrected within five days a doubling of the water shortage surcharge established pursuant to § 52.406 until the correction is made;
(2) The issuance of a third written notice of violation and demand to correct and if not corrected within five days following the second notice a tripling of the water shortage surcharge established pursuant to § 52.406 until the correction is made;
(3) The installation of flow restrictors on water service lines where violations have not been corrected. The flow restrictors shall remain installed for 30 days after all violations have been corrected. The cost of installing flow restrictors shall be charged to the account of the service line on which the restrictors are installed.
(4) If the notices of violation are not cured within 30 days after the flow restrictors are installed by paying all accrued fees and charges and, in the case of violations other than a failure to pay fees and charges, by submitting a water conservation plan for the review and approval by the Utility Director, termination of water service may occur pursuant to § 52.408 and the town may pursue Class One misdemeanor charges pursuant to the provisions of § 10.99 of the Town Code.
(5) If three notices of violation of any provision of this chapter are issued within a consecutive 12 month period, upon the issuance of the third notice termination of water service may occur pursuant to § 52.408.
(6) The town may recover the cost for any damage caused by customer violations.
(C) Pursuant to Chapter 31 of the Town Code, water customers desiring to dispute violations of this chapter must file a written request for the town to reconsider the violation along with full payment of any water fees or water shortage surcharges then in arrears within 30 days of being notified of a violation or imposition of a water shortage surcharge. Upon receipt of such request, the town’s appointed Civil Hearing Officer shall convene a hearing on the matter within 30 days of receiving the request. In the event the customer’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the customer.
(Ord. O2011-03, passed 2-7-11; Am. Ord. O2020-03, passed 3-2-20; Am. Ord. O2023-06, passed 12-4-23)