(A) Violation. Water theft, tampering and unauthorized use is prohibited and shall constitute a violation of this section.
(B) Penalties.
(1) Criminal misdemeanor penalty. Any person who violates any provision of this § 13.14.170 is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $1,000 or by imprisonment in the city or county jail not exceeding six months, or by both.
(2) Administrative citation. In addition to any other penalties provided by law, whenever the enforcement officer, as that term is defined in § 1.08.120(D), determines that a violation of this § 13.14.170 has occurred, the enforcement officer shall have the authority to issue an administrative citation with administrative civil penalties to any responsible person, as that term is defined in § 1.08.120(G), pursuant to the procedures set forth in Chapter 1.08. The amount of the administrative civil penalties imposed for administrative citations issued for violations of this chapter shall be established by resolution of the City Council.
(3) Removal of theft devices. The city may require the immediate removal of any equipment, connections or tools used to accomplish the water theft that is attached to city's property or facilities.
(4) State law penalties. Nothing in this section shall be intended to limit any of the penalties provided for under Penal Code § 498 with regard to water theft.
(5) Cumulative remedies. The remedies under this section are non-exclusive and cumulative and shall be in addition to any other remedy the city may have at law or in equity, including, without limitation, the right to require payment for all water taken, together with the costs incurred by the city to discover and correct the violation.
(C) Hardship waiver. If, due to unique circumstances, a responsible person who has been issued an administrative citation pursuant to this section is unable to pay the full amount of the administrative civil penalties, the responsible person may, within ten calendar days of the issuance of the administrative citation, apply for a hardship waiver to reduce the amount of the administrative civil penalties.
(1) Application for a hardship waiver must be on a form prescribed by the City Manager and shall be accompanied by financial statements, documentation and any other relevant information that demonstrates that the administrative civil penalties would impose an undue financial burden on the responsible person.
(2) If the City Manager determines that the responsible person has demonstrated with clear and convincing evidence that the amount of the administrative civil penalties would impose an undue financial burden on the responsible person, the City Manager may approve or conditionally approve the hardship waiver and take one or more of the following actions:
(a) Reduce the amount of the administrative civil penalties to an amount that the responsible person can reasonably afford while still effectuating the purpose of deterring water theft; and/or
(b) Enter into a payment plan agreement with the responsible person that sets forth terms and conditions for the payment of the outstanding administrative civil penalties, including the payment method and the amount of any interest to be imposed.
(3) The City Manager shall act upon any completed application for a hardship waiver within ten calendar days after submittal. The City Manager's decision shall be in writing and shall be final.
(4) The responsible person's right to appeal the issuance of an administrative citation pursuant to § 1.08.160 shall be stayed upon the timely filing of a completed hardship waiver application until such time that the City Manager renders a decision on said application.
(Ord. 3346 § 5, 2022)