(A) The violation of any provision of this chapter shall subject the violator to a civil penally as set forth herein below. Each subsequent day that a violation listed in divisions (A)(1) through (A)(4) below continues shall constitute a separate and distinct offense according to the following schedule:
(1) Unprotected cross-connection involving a private water system which is deemed by the Director as an imminent hazard: fine of $1,000 per day.
(2) Unprotected cross-connection involving a private water system which is deemed by the Director as a high hazard: fine of $750 per day.
(3) Unprotected cross-connection involving a private water system which is deemed by the Director as a moderate hazard: fine of $500 per day.
(4) Unprotected cross-connection for which no other civil penalty is prescribed-fine of $250 per day. Each violation listed in divisions (A)(4)(a) through (A)(4)(e) shall be considered a one time violation subject to the following schedule.
(a) Falsifying records which are required to be submitted by this chapter - tester may be removed from the approved certified tester list and/or fined up to $500.
(b) Submitting incomplete records or failing to submit records which are required by this chapter - tester may be removed from the approved certified tester list and/or fined up to $250.
(c) Failing to test backflow prevention assemblies as required: $100 fine.
(d) Failing to maintain backflow prevention assemblies as required: $100 fine.
(e) Any other violation of the provisions of this chapter: $100 fine.
(B) The Director may increase any civil penalty assessed under this section by $100 or 50% of the maximum civil penalty associated with the violation, whichever is greater, for a second violation of the same provision within a two-year period. Water service may be terminated after a third violation of the same provision within a two-year period. Any person violating any provision of this chapter shall pay to the city all expenses incurred by the city in repairing any damage to the public water system caused in whole or in part by such violation and any expense incurred by the city in investigating and prosecuting such violation including, but not limited to a reasonable fee for the city’s attorney. All such expenses are deemed to be a part of the civil penalty assessed with the violation.
(Ord. 615.0-2001, passed 11-19-2001)