§ 50.199 REMEDIES.
   (A)   If a customer has committed one or more of the acts contained in division (D) below and has not taken the corrective action as required by the Director, the Director may elect to impose a civil penalty not to exceed 1,000% per billing period on the charges for all water used beginning from the date the corrective action was required and until the corrective action has been completed by the customer.
   (B)   If a situation, which would otherwise result in discontinuance of water service, is not remedied with the time provided in the notice of termination sent to the customer, the Director at his or her discretion, may install a backflow prevention assembly at the customer's point of service deliver and bill the customer for all costs, together with all applicable penalties.
   (C)   The Director, at his or her discretion, may publish in the largest daily newspaper published in the town, notice of customers who at least once during the preceding 12 month period were in violation with any requirement of this chapter. The publication shall also summarize any enforcement action taken.
   (D)   In addition to any other remedy available to the Director under the Town Code, to enforce this chapter, the Director to terminate water service if the customer:
      (1)   Fails to properly locate, install, test or maintain a required backflow prevention assembly;
      (2)   Removes or bypasses a required backflow prevention assembly without the prior approval of the Director;
      (3)   Allows a cross connection to occur;
      (4)   Fails to timely submit records of tests and repairs of a backflow prevention assembly;
      (5)   Fails to comply with the written policy on backflow prevention and cross connection on file with the Town Clerk and Director; or
      (6)   Fails to comply with any requirements imposed upon the customer by State Rule R18-4-115.
   (E)   Termination of water service shall be immediate and without prior notice if the Director determines that the customer's water system may cause a health hazard to the public potable water supply. Otherwise, the Director shall give ten days' written notice to the customer prior to termination of water service. Water service may be restored when the condition forming the basis for the termination has been remedied to the satisfaction of the Director. All costs, fees and expenses incurred, and all surcharges and penalties relating to the termination and restoration of water service shall be paid prior to the water service being restored.
(Prior Code, Ch. 18, Art. II, § 18-133) (Ord. 346-04, passed 6-21-2004)