(A) If a customer has committed 1 or more of the following acts in division (C) below and, notice from the town, has not taken the corrective action within the time specified by the Building Official, the Public Works Director may:
(1) Terminate water service to the facility; and
(2) After 3 days’ written notice impose a civil penalty not to exceed 1,000%/billing period on the charges for all water used beginning from the date the corrective action was required and until the corrective action has been completed by the customer to the satisfaction of the town.
(B) If a situation exists, which would otherwise result in discontinuance of water service, and is not remedied within the time provided in the notice of termination sent to the customer, the Public Works Director, at his or her discretion, may install a backflow prevention assembly at the customer’s point of service delivery, in which case the customer shall be responsible for all costs, including testing, together with applicable penalties.
(C) (1) In addition to any other enforcement remedy available to the Public Works Director, the Building Official may request the Public Works Director to terminate the water service if the customer:
(a) Fails to locate, install, test or maintain a required backflow prevention assembly;
(b) Removes or bypasses a required backflow prevention assembly without the prior approval of the Building Official;
(c) Allows a cross connection to occur;
(d) Fails to timely submit records of tests and repairs of a backflow prevention assembly;
(e) Fails to comply with the written policy on backflow prevention and cross connection on file with the Town Clerk, the Building Department and the Utility Department; or
(f) Fails to comply with any requirements imposed upon the customer by A.A.C. R-18-4-215.
(2) Notwithstanding the above, termination of water service shall be immediate and without prior notice if the Public Works Director determines that the customer’s water system may cause a health hazard to the public potable water supply. Otherwise, the Public Works Director shall give 10 days’ written notice to the customer prior to termination of water service, which notice shall include the time and place where customer may present grounds why his water service should not be terminated. Water service may be restored when the condition forming the basis for the termination has been remedied, to the satisfaction of the Public Works Director. All costs, fees and expenses incurred, and all surcharges and penalties relating to the termination and restoration of water service, shall be paid prior to the water service being restored.
(Ord. 04-578, passed 7-22-2004; Am. Ord. 2022-913, passed 2-22-2022)