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Whenever necessary for the purposes of investigating any alleged violation of this part, Utilities shall have the power, upon the presentation of proper credentials, to enter and inspect at any reasonable time and in any reasonable manner the exterior of a water customer's premises.
If entry to or inspection of the premises is denied or not promptly permitted, Utilities is authorized to make application to any Judge of the Municipal Court of the City for the issuance of an inspection warrant. The application shall identify the premises upon which entry is sought and the purpose for which entry is desired, shall state the facts giving rise to the belief that a condition which is dangerous to the public health, safety or welfare exists at the premises and shall otherwise conform to the requirements of CMCR 241 and chapter 11 of this Code. Any warrant issued pursuant to the application shall command the owner or occupant to permit entry by Utilities for the purpose stated. (Ord. 02-59; Ord. 03-41; Ord. 04-178; Ord. 13-10; Ord. 19-99)
Each water customer shall be responsible for compliance with this part with respect to the water customer's premises, and shall be responsible for applicable charges for noncompliance with this part. In the event of an alleged violation of this part, proof of the existence of a declared water shortage and proof of any violation of any restriction set forth in this part, together with proof that the violation originated at any water customer's premises, shall constitute a rebuttable presumption that the water customer is responsible for the violation. (Ord. 02-59; Ord. 03-41; Ord. 13-10; Ord. 19-99)
A. Utilities is authorized to enforce this part utilizing a variety of methods, including, but not limited to, conducting customer education, issuing warnings and the addition of charges to water bills.
B. In the event Utilities determines that an observed violation of this part has occurred on a water customer's premises, the water customer shall be subject to imposition of the following:
1. For a first observed violation of a waste of water prohibition or a State I, Stage II, Stage III, or Stage IV restriction as set forth in sections 12.4.1304
, 12.4.1306
, 12.4.1307
, 12.4.1308
, 12.4.1309
or subsection 12.4.1311
E of this part within a calendar year, Utilities shall notify the water customer in writing of the violation and issue a written warning to the water customer.
2. For a second and any subsequent observed violation of a waste of water prohibition or a Stage I or Stage II restriction as set forth in sections 12.4.1304
, 12.4.1306
, 12.4.1307
or subsection 12.4.1311
E of this part within a calendar year, Utilities shall notify the water customer in writing of the violation and shall add a charge to the water bill for the premises equal to: a) one hundred dollars ($100.00) for a violation of section 12.4.1304
; b) three hundred dollars ($300.00) for a violation of section 12.4.1306
, a 12.4.1307
Level A restriction or subsection 12.4.1311
E; and c) five hundred dollars ($500.00) for a violation of a section 12.4.1307
Level B restriction.
3. For a second and any subsequent observed violation of a Stage III restriction as set forth in section 12.4.1308
of this part within a calendar year, Utilities shall notify the water customer in writing of the violation and shall add a charge to the water bill for the premises equal to one thousand dollars ($1,000.00).
4. For a second and any subsequent observed violation of a Stage IV restriction as set forth in section 12.4.1309 of this part within a calendar year, Utilities shall notify the water customer in writing of the violation and shall add a charge to the water bill for the premises equal to one thousand dollars ($1,000.00).
C. For repeated observed violations of this part occurring during any Stage I, Stage II, Stage III, or Stage IV shortage, Utilities may, in its discretion: 1) disconnect water service to the premises on which the violations occurred in accord with the tariffs of the Utilities; or 2) restrict water flow to the water customer at the premises at which the violations occurred. Any flow restriction shall remain in place for a period determined by Utilities, based upon the severity of the violation as well as the applicable declared stage.
D. Whenever a water customer is found by Utilities to be in violation of this part, a notice of violation must be issued. The notice of violation must be on a form prescribed by Utilities.
E. The notice of violation must be served upon the water customer by fixing the notice to the premises of the water customer in a conspicuous place, by personal delivery, or by sending the notice electronically or by U.S. mail. If sent electronically or by mail, service shall be deemed complete upon sending or mailing. Service of the notice of violation by affixation has the same force and effect and is subject to the same penalties for disregarding a notice, as if the notice of violation were personally served on the water customer. For purposes of this part, a person who is of full legal age and who resides at the premises is deemed to be the agent of the water customer to receive a notice of violation.
F. Any charge assessed pursuant to this part shall be collectible in the same manner as a water charge under the tariffs of Utilities and if unpaid, water service for the premises may be discontinued in accord with the tariffs of Utilities.
G. Whenever a water customer fails to correct a violation within the correction period set forth on a notice of violation, this failure to correct shall constitute an additional violation.
H. Except for any charge assessed pursuant to section 12.4.1311
B of this part, any charge assessed a commercial user pursuant to this part shall be equal to two (2) times the applicable charge. (Ord. 02-59; Ord. 03-41; Ord. 13-10; Ord. 19-99)
Any water customer's dispute with Utilities concerning this part shall first be addressed through review by Utilities' management. If the review by Utilities' management does not resolve the dispute, the dispute shall be resolved in accord with the dispute resolution process set forth in the tariffs of Utilities. Requests for dispute resolution must be received by Utilities from the water customer within sixty (60) days from the date of the notice of violation or addition of a charge to a water bill, whichever comes last. (Ord. 02-59; Ord. 03-41; Ord. 13-10; Ord. 19-99)