Penalties. It shall be unlawful for any water user to fail to comply with any of the provisions of this chapter. The penalties set forth in this section shall be additional to those penalties provided in any other section of this code. The penalties for failure to comply with any of the prohibited use provisions of this chapter shall be as follows:
A. First Violation. The City will issue a written warning by mail or posting (i.e., door hanger).
B. Second Violation. A second violation within twelve months of a First Violation is punishable by a fine not to exceed one hundred dollars.
C. Third Violation. A third violation within twelve) months of a Second Violation is punishable by a fine not to exceed two hundred and fifty dollars.
D. Fourth and Subsequent Violations. A fourth and any subsequent violations within twelve months of a Third Violation is punishable by a fine not to exceed five hundred dollars for each violation.
1. Termination of Service. In addition to any fines, the City may disconnect and/or terminate a customer's water service for repeated violation of mandatory restrictions in this Conservation Program.
2. Cost of Disconnecting Service. A person or entity that violates this chapter is responsible for payment of the City's charges for disconnecting and/or reconnecting service. The person or entity must pay all fees in full prior to service restoration. Nonpayment of the penalties will be subject to the same remedies as nonpayment of basic water rates pursuant to the City's Water Rates, Rules and Regulations.
3. Separate Offenses. Each day that a violation of this chapter occurs is a separate offense.
4. Notice and Hearing.
a. The City will issue a Notice of Violation by mail or personal delivery at least ten business days before taking enforcement action. Such notice must describe the violation and the date by which the customer must take corrective action. A customer may appeal the Notice of Violation by submitting a written letter of appeal to the Hearing Officer no later than the close of business on the day before the date scheduled for enforcement action. If not satisfied with the Hearing Officer's decision, the customer may appeal the Hearing Officer's decision by filing a written notice of appeal with the Citizens Appeal Board within ten business days of the Hearing Officer's determination. Any Notice of Violation not timely appealed will be final. Upon receipt of a timely appeal, the City will schedule a hearing on the appeal and mail written notice of the hearing date to the customer at least ten business days before the hearing date.
b. Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the City may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water Phase condition.
If any person fails or refuses to comply with this Chapter, the City Manager, or their designee, shall provide that person with written notice of the violation and an opportunity to correct the noncompliance. The City shall include the following in the written notice:
A. Mail or post to the address of the violation, to the party billed for the water or to the Owner of the property, as appropriate.
B. State the time, date and place of violation.
C. State a general description of the violation.
D. State the means to correct the violation.
E. State a date by which correction is required.
F. State the possible consequences of failing to correct the violation. (Ord. 3299 § 1 (part), 2021)