§ 51.999 PENALTY.
   (A)   Any person found to be violating any provision of this chapter shall be served by the Utility Commission with written notice stating the nature of the violation and providing a time limit of 30 days from the notice for the satisfactory correction thereof.
   (B)   Any person who will continue in violation beyond the time limit specified by this section shall have their water service terminated and the permit to use the public sewer system shall be revoked and they shall pay a civil penalty to the Utility Commission in the following amounts.
      (1)   For a violation of §§ 51.016 or 51.017, a civil penalty of $50 per day for each violation for each day that the violation continues.
      (2)   For a violation of any provision of this chapter other than §§ 51.016 or 51.017, an amount determined by the Utility Commission not exceeding $250 for each violation. Each day in which the violation shall continue may be deemed a separate offense.
   (C)   Any person violating any of the provisions of this chapter shall be liable to the city or the Utility Commission for any expense, loss or damage occasioned the city or the Utility Commission by reason of the violation.
   (D)   Service of notice shall be considered complete upon mailing of a copy of the notice to the person in violation by certified U.S. mail to that person’s current water or sewer billing address, or if none, to that person’s last known mailing address, or by personal delivery to that person.
   (E)   All decisions by the Director under this § 51.999 may be appealed within 20 days to the Utility Commission and shall be final by the Commission and shall be appealable to a court of competent jurisdiction.
   (F)   All civil penalties under this section may be added to the water or sewer bill of the person in violation and if not paid will result in termination of water or sewer service. In addition, the Utility Commission may pursue recovery of any civil penalty from the responsible person through the court system. The person owing the civil penalty shall pay the Utility Commission’s reasonable attorney fees and costs incurred in the collection of any penalties owed under this § 51.999.
(Ord. 15-2011, passed 12-5-2011)