(1) First violation. The Indio Water Authority General Manager or his designee (“General Manager”) shall issue a written notice of the fact of a first violation to the person.
(2) Second violation. For a second violation during any one water shortage declaration, the General Manager may impose a surcharge in the amount equal to 25% of the person’s water bill.
(3) Third violation. For a third violation during any one water shortage declaration, the General Manager may impose a surcharge in the amount equal to 50% of the person’s water bill.
(4) Fourth and subsequent violation. For a fourth and each subsequent violation during any one water shortage declaration, the General Manager may install a flow restricting device of one (1) gallon per minute capacity for services up to one and one-half (1-1/2) inch size, and comparatively sized restrictors for larger services, on the service of the person at the premises at which the violation occurred for a period of not less than forty-eight (48) hours. The city shall charge the person the reasonable costs incurred for installing and for restoration of normal service. Normal service shall not be restored until all the account has been made current and all charges have been paid. In addition, the surcharge provided in division (A)(3) of this section shall continue to apply.
(B) In addition to any penalties imposed herein, a fourth or subsequent violation during any one water shortage declaration of the water use restrictions of §§ 54.056 through 54.060 shall also constitute a misdemeanor unless, at the discretion of the City Prosecutor, the violation is charged as an infraction.
(C) Notice of the violation shall be provided as follows:
(1) Notice of a first violation shall be given in writing by regular mail.
(2) Notice of second or subsequent violations shall be given in writing in the following manner:
(a) By giving the notice to the customer personally; or
(b) If the customer is absent from or unavailable at the premises at which the violation occurred, by leaving a copy with some person of suitable age and discretion at the premises and sending a copy through the regular mail to the address at which the customer is normally billed; or
(c) If a person of suitable age or discretion cannot be found, by affixing a copy in a conspicuous place at the premises at which the violation occurred and also sending a copy through the regular mail to the address at which the customer is normally billed.
(3) The notice shall contain a description of the facts of the violation, a statement of the possible penalties for each violation, and a statement informing the customer of the right to a hearing on the merits of violation pursuant to § 54.063.
(Ord. 1662, passed 10-15-14; Am. Ord. 1762, passed 7-21-21)