Any act or omission by any person who knowingly, negligently or recklessly acts or omits to act in violation of the provision(s) or restrictions of this chapter can be penalized by: a) payment of administrative fees; b) discontinuance of water service as described below.
A. Administrative Fees: Fees shall be assessed on the user's utility bill. Each day (24 hour period) of continued violation(s) shall constitute a separate offense at a given user address. The fines shall be added to the water user's account. Failure to pay any portion of a water user's account, including any fines imposed pursuant to this chapter, shall subject said account to termination of water service in accordance with the provisions of this chapter.
1. First observed violation: The offender will receive a verbal and/or written warning, and then will be provided with a copy of the pertinent sections of this code relative to water conservation.
2. Second observed violation: Twenty dollars ($20.00).
3. Third observed violation: Fifty dollars ($50.00).
4. Fourth observed violation: One hundred dollars ($100.00).
5. Fifth observed violation: At the same user address, the city shall impose a fine equal to twice the average monthly billing for the immediately preceding two (2) month period for the meter through which the wasted water was supplied or two hundred dollars ($200.00), whichever is greater. The fine shall be added to the water user's account. Failure to pay any portion of a water user's account, including fines imposed pursuant to this chapter, shall subject said account to an installation of a flow restriction device at the meter at the user's expense.
B. Discontinuance Of Water Service: When any further violation of this chapter occurs, and the executive director of Gallup joint utilities or his/her designee determines that the specific circumstances of the violation are of such a serious nature as to require immediate measures and abatement, the executive director of Gallup joint utilities or their designee may take steps to temporarily shut off the water source or discontinue the water service as a means of compelling compliance with this chapter. The city may effect such measures by entry upon private premises if the water service or city water meter is located on private premises. Any violation which depletes the water system during water emergency management shall be deemed to deplete water essential to the maintenance of fire flows and shall be cause for discontinuance of water service following a twenty four (24) hour notice. The city shall not restore service until the executive director of Gallup joint utilities or designee has determined that the water user has provided reasonable assurances that future violations of this chapter by such user will not occur.
C. Appeal Of Administrative Fee: Any administrative fee assessed in subsection A of this section may be appealed by a customer to the executive director of Gallup joint utilities and then to the city manager whose decision will be final.
D. Appeal Of Discontinuation Of Service: Any aggrieved customer whose water service is to be discontinued shall be given twenty four (24) hour notice and said customer may immediately appeal the decision of the executive director of Gallup joint utilities to the city manager, who may, in his/her sole discretion allow continued temporary service to the customer. If service is continued, it shall continue only until the next scheduled city council meeting, at which time the city council will hold a hearing to determine if service should be discontinued, or in the case where the city manager has upheld the decision that it be discontinued, determine if it should be restored. The city council may also decide on what conditions water service will be maintained to a customer who is still receiving service or restored to a customer whose service has been discontinued. (Ord. C2006-08, 4-25-2006)