§ 51.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

   (B)   Except as otherwise provided, violations of §§ 51.01et seq. shall be punishable as follows.

      (1)   First violation; warning.  For a first violation, notice shall be given to the customer, explaining the town's present water shortage situation and warning that a second violation will result in the requirement that a flow restriction device be installed by the town at the customer's expense.

      (2)   Second violation; flow restriction device. For a second violation, notice shall be given to the customer, informing the customer that a $50 charge will need be paid in 10 days order keep his or her service on.

      (3)   Third and subsequent violations; water shutoff and turn on charge. For a third or a subsequent violation, notice shall be given to the customer, informing the customer that water service to the premises has been shutoff and a charge as set forth in the town's fee schedule will be paid in order to turn the service back on.

      (4)   Opportunity to comment and appeal.  Prior to imposition of the penalty for either a second, third, or subsequent violation, the customer shall be given notice of an opportunity to comment to the Mayor or designee within 24 hours of receiving the notice or the later time as the Mayor may designate, regarding any reason that the penalty should not be imposed.  If, after the comment, the Mayor decides to proceed with imposition of the penalty, the customer shall have the opportunity to appeal to the Council or designee within 24 hours of the Mayor determination or the later time as the Council may designate.  The Council's determination shall be final and non-appealable.  The 24-hour periods shall exclude Saturdays, Sundays, and legal holidays.

      (5)   Method of giving notice.  Notice provided under this division (B) shall be given either by hand-delivering written notification to an occupant at the customer's service address, provided that in the absence of an occupant the written notification may be posted conspicuously at the premises, or by certified mail.

(Ord. passed 9-8-2003)

   (C)   (1)   Any person, corporate entity, or other association violating any of the provisions of §§ 51.26 and 51.27 shall be liable to the Town of Kenly for any expense, loss, or damage occasioned by the town by reason of the violation.

      (2)   Each day that a violation of §§ 51.26 and/or 51.27 is allowed to be continued by any person, corporate entity, or other association shall constitute a separate offense for which the person may be convicted and fined up to $50 or imprisoned for up to 30 days, or both.

(Ord. 51, passed 5-7-1979)