(a) The director may, without prior notice, suspend water service to any premises when such suspension is necessary to stop an actual or threatened backflow which:
(1) Presents or may present imminent and substantial danger to the environment or to the health or welfare of persons; or
(2) Presents or may present imminent and substantial danger to the city’s public water supply.
(b) As soon as is practicable after the suspension of service, the director shall notify the owner or person in charge of the premises of the suspension in person or by certified mail, return receipt requested, and shall order such person to correct the cross-connection which allowed the backflow to occur. When time permits, the director should also notify the owner or person in charge prior to suspending water service.
(c) If the person fails to comply with an order issued under subsection (b) above, the director may take such steps as the director deems necessary to prevent or minimize damage to the public water supply or to minimize danger to persons.
(d) The director shall not reinstate suspended services until:
(1) The person presents proof, satisfactory to the director, that the backflow has been eliminated and its cause determined and corrected;
(2) The person pays the city for all costs the city incurred in responding to the backflow or threatened backflow; and
(3) The person pays the city for all costs the city will incur in reinstating service.
(e) A person whose service has been suspended may appeal such enforcement action to the director, in writing, within ten days of notice of the suspension in accordance with § 12.5-119 of this chapter.
(f) A person commits an offense if the person reinstates water service to premises suspended pursuant to this section, without the prior approval of the director.
(g) The city may obtain a lien against the property to recover its response, abatement and remediation costs pursuant to the procedure set out in § 12.5-120 of this chapter.
(h) The remedies provided by this section are in addition to any other remedies set out in this chapter. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking other action against a violator.
(Ord. 12274, § 1, passed 11-28-1995)