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Any person who violates the provisions of this article, who fails to carry out duties and responsibilities imposed by this article, or who impedes or interferes with any action undertaken or ordered pursuant to this article shall be subject to the following penalties.
(a) If the mayor, city manager, any law enforcement officer, city engineer, utility director, or other city official or officials charged with implementation and enforcement of this article or a water supply shortage or emergency resolution learn of any violation of any water use restriction imposed pursuant to this article, a written notice of the violation shall be affixed to the property where the violation occurred and either mailed or delivered to the consumer of record and to any other person known to the city who is responsible for the violation or its correction. Said notice shall describe the violation and order that it be corrected, cured or abated immediately or within such specified time as the city determines is reasonable under the circumstances. If the order is not complied with, the city may terminate water service to the consumer subject to the following procedures.
(1) The city shall give the consumer notice by either mail or delivery that water services will be discontinued within a specified time due to the violation and that the consumer will have the opportunity to appeal the termination by requesting a hearing scheduled before the city governing body or a city official designated as a hearing officer by the governing body.
(2) If such a hearing is requested by the consumer charged with violation, he or she shall be given an opportunity to be heard before termination is ordered.
(3) The governing body or hearing officer shall make findings of fact and order whether service should be terminated.
(b) A fee of fifty dollars ($50.00) shall be paid for the reconnection of any water service terminated pursuant to subsection (a). In the event of subsequent violations during a continuous period of declared shortage or emergency, the reconnection fee shall be two hundred dollars ($200.00) for the second violation and three hundred dollars ($300.00) for any additional violations.
(c) Any person violating this article may also be prosecuted in Boyle District Court. Any person so charged and found guilty of violating the provisions of this article shall be guilty of a Class B misdemeanor. Each day's violation shall constitute a separate offense. The penalty for an initial violation shall be a mandatory fine of one hundred dollars ($100.00), which may not be adjusted by the court. In addition, such person may be required by the court to serve a definite term of confinement in the county jail, which shall be fixed by the court and which shall not exceed thirty (30) days. The penalty for a second violation during a continuous period of declared shortage or emergency shall be a mandatory fine of two hundred dollars ($200.00) which may not be adjusted by the court. In addition, such person shall serve a definite term of confinement in the county jail which shall be fixed by the court and which shall not exceed thirty (30) days. Penalties for additional violations shall be the same as for the second violation,
(Ord. No. 1365, § 9, 5-27-86)