(a) The direct or indirect use of water from the JCDPU distribution system in violation of this division or any water restriction policy adopted from time to time by the Board of Commissioners is prohibited. Any customer that violates or permits the violation of these rules and regulations after first receiving a written warning shall be subject to the penalties established by the Board of Commissioners. Following are penalties effective as of April 1, 2008:
First Violation: | ||
Meter Size | ¾"—1" | $100.00 |
1½"—2" | $250.00 | |
3"—4" | $500.00 | |
> 4" | $750.00 | |
Second Violation: | ||
Meter Size | ¾"—1" | $250.00 |
1½—2" | $500.00 | |
3"—4" | $1,000.00 | |
> 4" | $1,500.00 | |
(b) Assessed penalties shall be added to the customer's water bill and paid and collected in the same manner as usage payments to the JCDPU. Each day a violation occurs shall be considered a separate violation.
(c) The Director of JCDPU shall be responsible for the implementation of these rules and enforcing any restrictions imposed by this division or any water restriction policy adopted by the Board of Commissioners. If a violation is known to have occurred, a written violation shall be affixed to the property where the violation occurred and mailed to the customer of record and any other person known to the JCDPU who is responsible for the violation and its correction. The written notice shall describe the violation and order an immediate compliance with the restrictions within a specified time as determined reasonable by JCDPU under the circumstances.
(d) In event of a third violation or if penalties for previous violations are not paid, the JCDPU may restrict or terminate water service subject to the following procedures:
(1) The JCDPU shall give the customer notice by mail or by a county representative that due to reoccurring violations or failure to pay for previous violations, the water service will be restricted or terminated within a specific time. The customer will have an opportunity to appeal restriction or termination by requesting a hearing before an official designated as a hearing officer by the County Manager. The request for the hearing shall be made to the County Manager before the cutoff date.
(2) If a hearing is requested by the customer charged with the violation, he/she will be given the opportunity to be heard before service is restricted or terminated.
(3) The hearing officer, after hearing evidence presented, shall order the water service continued, restricted, or terminated.
(e) A fee, in an amount set from time to time by the Board of Commissioners and contained in the schedule of fees and charges on file in the County Clerk's office, shall be paid for the reconnection of any water service restricted or terminated pursuant to subsection (d). In the event of multiple violations, the reconnection fee shall be in an amount set from time to time by the Board of Commissioners and contained in the schedule of fees and charges on file in the County Clerk's office for the second violation and in an amount set from time to time by the Board of Commissioners and contained in the schedule of fees and charges on file in the County Clerk's office for each additional violation.
(f) Upon declaration of a water restriction by the Board of Commissioners, an administrative variance of the restriction may be issued by the County Manager to an individual, a business or an institution within the affected water use class(es) prior to the commission of a violation, provided that the general intent of the water shortage response measure is met, compliance is proven to cause practical difficulties and unnecessary hardship, and all reasonable options for abatement through modified water management have been exhausted. The criteria to determine hardship shall include but not be limited to the level of capital outlay and time required to achieve compliance.
(g) An administrative variance may be issued for a time-limited period and shall stipulate both short-term corrective measures and a schedule of completion of long-term corrective measures. An administrative variance may be renewed for good cause shown. A decision to approve or deny an administrative variance will be based up on consideration of criteria including but not limited to: impact on water demand, expected duration of water shortage, alternative source options, social and economic importance, purpose of water use, and the prevention of structural damage.
(h) An administrative variance must be in executed in writing and filed with the JCDPU's retail services office within 24 hours of issuance by the County Manager.
(Amend. of 3-3-2008(2); Amend. of 4-5-2010)