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(A) If a backflow prevention device required by this subchapter is not installed, tested and maintained as specified herein, or if it is found that a backflow prevention device has been removed or bypassed, the city may discontinue water service after a notice has been issued. Notice may be waived in any case where the public water system is directly and immediately threatened.
(B) The parties responsible for a violation of this subchapter shall be liable for all expenses, losses or damage, including attorneys’ fees and legal costs, incurred by the city by reason of such violation, including all costs and expenses associated with the interruption and restoration of potable water service for the service address where the violation occurred.
(C) Violations of this subchapter may be enforced as provided in F.S. Ch. 162, Part I, and F.S. § 162.21.
(Ord. O-2015-29, passed 12-2-15)
(A) Any person found guilty of violation of any provisions of this chapter for which another penalty is not provided, or who shall fail to observe any of the foregoing regulations, or who shall take and use water of the city without paying therefor in accordance with the provisions of this chapter, or who shall connect his premises with any water main or water pipes of the city without the permission of the city, shall be punished by a fine not to exceed $250 or imprisonment not to exceed 30 days, or both.
('72 Code, § 36-64) (Ord. 205, passed - - ; Am. Ord. O-67-34, passed - - ; Am. Ord. O-85-19, passed 4-3-85; Am. Ord. O-88-14, passed 4-6-88; Am. Ord. O-2005-04, passed 5-4-05)
(B) Any person, firm, or corporation violating § 51.010 as to each day’s failure to connect to the water distribution system of the city in accordance with § 51.125 shall be a separate offense, and any person upon conviction thereof shall be fined not to exceed $250 or imprisoned for not more than five days for each offense or both, in the discretion of the municipal judge.
(‘72 Code, § 36-63) (Ord. O-67-34, passed - - ; Am. Ord. O-2005-04, passed 5-4-05)
(C) Violation of any provision of §§ 51.110 through 51.115 shall be subject to the following penalties: first violation, $50; second and subsequent violations, fine not to exceed $500 and/or imprisonment in the county jail not to exceed 60 days. Each day in violation of this section shall constitute a separate offense. In the initial stages of a water shortage or water shortage emergency, law enforcement or code enforcement officials may provide violators with no more than one written warning. The city, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to emergency injunctive action, to enforce the provisions of §§ 51.110 through 51.115.
('72 Code, § 36-63.1(g))
(D) Any property owner violating the provisions of §§ 51.116 and 51.117 shall be deemed guilty of a civil infraction. During a one-year period, each violation shall constitute a separate offense. Each day in violation shall constitute a separate offense. Violations of these sections shall be punished as follows:
(1) For the first violation, by a written warning.
(2) For the first violation after a written warning, by a civil penalty of $50.
(3) For the second violation, by a civil penalty of $100.
(4) For each additional violation by a civil penalty of $200.
(5) Any property owner who fails to pay the appropriate civil penalty within the time allowed or who fails to appear in court to contest the citation shall be deemed to have waived his right to contest the citation, and judgment may be entered against the person for an amount not to exceed $250.
(Ord. O-93-34, passed 7-21-93)