(A) Any person who engages in the unauthorized use of water services shall be subject to a tampering fee set by resolution of Council, criminal charges, and charges for the estimated amount of water used for each occurrence of unauthorized use of water services. Unauthorized use of water services shall mean the taking of service by:
(1) Turning or attempting to turn service on without authority;
(2) Connecting or attempting to connect directly into service or hydrant without a meter;
(3) Intentionally or knowingly connecting or attempting to connect directly to other properties or service connections;
(4) Intentionally or knowingly modifying or attempting to modify a meter or service apparatus so as to cause loss or reduction in consumption registration; or
(5) Intentionally or knowingly modifying or attempting to modify a service connection to by-pass a meter.
(B) A tampering fee assessed pursuant to this section shall be charged against the premises, and no water service shall be provided to the premises until the tampering fee is paid in full. The provisions of this section shall not preclude the filing of criminal charges or criminal penalties.
(C) Charges for damages and/or special services will be assessed based upon materials and/or labor plus a 15% administrative fee. The charges for damages and special services shall be assessed against the premises, and the supply of water to such premises shall be withheld until such sum is paid. The provisions of this section shall not preclude the filing of criminal charges or criminal penalties.
(D) The city is hereby authorized to disconnect water service to any premises served in violation of this section.
(E) Investigation of criminal charges for theft of water services and damages to city property shall be investigated by the City of El Mirage Police Department.
(Ord. O10-06-08, passed 6-24-2010)