(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) (1) Drought warning.
(a) Any person who violates any provision of the drought warning stage may be subject to the following civil penalties.
1. For the first offense, violators shall receive a written warning delivered in person or posted by a representative of the town.
2. For the second offense, violators shall be fined in an amount set by Council from time to time, the fine to be imposed on the violator’s next water bill, or in the case of violators not on the public water system, in a written notice.
3. For the third offense, violators shall be fined in an amount set by Council from time to time for each offense, the fine to be imposed on the violator’s next water bill, or in the case of violators not on the public water system, in a written notice.
4. For each subsequent offense, violators will be subject to water service termination and reconnection fees.
(b) Each violation by a person shall be counted as a separate violation by that person, irrespective of the location at which the violation occurs.
(2) Drought emergency. Any person who violates any provision of the drought emergency stage may be subject to the following penalties.
(a) Residential customers who exceed the greater of 5,000 gallons of water per month of consumption or use more than their average usage for the same period in the previous 12 months will be charged two times the rate.
(b) Residential customers who continue to use more than 5,000 gallons of water per month of consumption or use more than their average usage for the same period in the previous 12 months will be subject to water service termination and reconnection fees.
(3) Challenge. Persons who have been assessed a penalty shall have the right to challenge the assessment by providing a written notice to the Town Manager or Utility Director who shall determine that the penalty was properly assessed and notify the complaining person in writing of his or her determination.
(4) Waive penalty. The Town Manager or Utility Director may waive the penalty if he or she determines that the violation occurred due to no fault of the person.
(1996 Code, § 172-28)