(A) Any customer found to be in violation of any water shortage response phase and the accompanying restrictions on use of water shall be subject to a fine not to exceed $250 for each violation and each day the violation continues shall constitute a separate offense.
(B) In addition to this criminal penalty, any customer violating any of the water use restrictions imposed pursuant to declaration of the water shortage response phases provided in this subchapter, is subject to other enforcement measures as outlined in § 53.24 above. A written notice of the violation shall be affixed or posted on the property where the violation occurred and mailed to the customer of record or to any other person known to be responsible for the violation or its correction. This notice shall be sent by the City Water and Sewer Commission or other proper designated entity and shall describe the violation with direction that it be corrected, cured or abated immediately or within a certain specified time. If the order is not complied with by the customer, termination of water service to the customer may occur, subject to the following procedures:
(1) Notice shall be given to the customer by mail that due to the violation, water services will be discontinued within certain time and that the customer has the opportunity to appeal that termination by requesting a hearing before the City Water and Sewer Commission. If such a hearing is requested, the customer shall be given a full opportunity to be heard before termination is ordered. The City Water and Sewer Commission shall make findings from facts presented to it during any such hearing prior to ordering termination of service and as an alternative to such termination, may take other measures that are reasonable under the circumstances to conserve water and yet still provide access of reasonable service to the customer.
(2) Notwithstanding any provision herein to the contrary, if a customer, during a declared alert, emergency or critical emergency water shortage, refuses to cease using treated water for any use that is banned for that particular water shortage phase, termination of water service to that customer for up to 48 hours without a prior hearing may occur at the option or the city through its Water and Sewer Commission. The purpose of terminating water service for such time period is not to punish, but to provide an emergency means of conserving water for more essential or necessary uses pursuant to the classifications herein and to allow the city's supplier of treated water to restore its supply capacity.
(Ord. O-18-88, passed 7-26-88)