§ 52.99 PENALTY.

   (A)   General. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

   (B)   Effective conservation of water.

      (1)   Each customer shall be responsible for compliance with § 52.05 with respect to the premises where the customer receives water service. If the identity of the water user cannot be ascertained, the customer shall be prima facie liable for violations that occur on such premises.

      (2)   A person’s first and second violations of § 52.05 in any 12-month period shall be subject to an admission of violation and payment of the designated civil penalty through the Ordinance Violations Bureau in accordance with Chapter 36 of the Fishers Municipal Code of Ordinances.

      (3)   (a)   Any person who violates the provisions of §§ 52.01 through 52.07 shall be guilty of an infraction, punishable by a fine of not more than:

            1.   First offense: Warning;

            2.   Second offense within a year: $500; and

            3.   Third and subsequent offenses within a year: $500.

         (b)   The payment of a penalty for the violation of any provision of §§ 52.01 through 52.07 shall not excuse the violation or permit to continue, nor shall such payment be held to prevent the enforced correction of the prohibited conditions. A separate offense shall be deemed committed upon each day during or on which such violation occurs or continues.

      (4)   With respect to violations not resolved under Chapter 36, § 36.08 of the Code, including a person’s subsequent violations of § 52.05 in a 12-month period, the Mayor may refer the matter to the Hamilton County Prosecutor to file an enforcement action in court.

      (5)   All monies collected from violation of this chapter shall be deposited in the General Fund of the city.

(Ord. 0803090, passed 9-8-09; Am. Ord. 091514A, passed 11-17-14)