Any person who violates the provisions of this subchapter, who fails to carry out the duties and responsibilities imposed by this subchapter, or who impedes or interferes with any action undertaken or ordered pursuant to this subchapter shall be subject to the following penalties:
(A) Upon discovery of a violation of any water use restriction imposed pursuant to this subchapter, a written notice of the violation shall be affixed to the property where the violation occurred and mailed to the customer at the address listed by the customer for billing and to any other person known to the Town's Public Services Department who is responsible for the violation or its correction. Said notice shall describe the violation and order that it be corrected, cured, or abated immediately or within such specified time as the town determines is reasonable under the circumstances. If the order is not complied with, the town may terminate water service to the customer subject to the following procedures:
(1) The town shall give the customer notice by first class mail that, due to the violation, water services will be discontinued within a specified time not less than five days from the date mailed and that the customer will have the opportunity to appeal the termination by requesting within five days of the date mailed a hearing scheduled before the Town Manager or such person as he or she may designate;
(2) If such a hearing is requested by the customer charged with the violation, the hearing shall be scheduled and heard within five days of the request and customer shall be given an opportunity to be heard before termination is ordered; and
(3) The Town Manager or designee shall make findings of fact and order whether service should continue or be terminated.
(B) A fee of $50 shall be paid for the reconnection of any water service terminated pursuant to division (A) of this section. In the event of subsequent violations during the same state of emergency, the reconnection fee shall be $200 for the second violation and $300 for each additional violation.
(C) Any person may also be charged with a violation of this subchapter and prosecuted in District Court. Any person so charged and found guilty of violating the provisions of this subchapter shall be guilty of a misdemeanor. Each day's violation shall constitute a separate offense. The penalty for violation shall be a maximum fine of $500 or imprisonment for not more than 30 days.
(D) Civil penalties. In addition to or in lieu of criminal prosecution, violation of this subchapter may subject the offender to civil penalties in the amount of $100 per day, for each day's violation collectable in a civil action in the nature of debt.
(E) The town shall have all other remedies available to it by law, including injunctive relief, to enforce this subchapter.
(Ord. 02-12, passed 7-8-02; Am. Ord. 08-23, passed 8-11-08)