A. If a person fails to comply with this chapter, the following will occur:
1. First violation. Written warning entered on water service record and delivered to customer via mail, personal service, or other reasonable means.
2. Second violation. Surcharge imposed on utility bill ($50) following advanced written notice delivered to customer via mail, personal service, or other reasonable means.
3. Third violation. Surcharge imposed on utility bill ($100) following advanced written notice delivered to customer via mail, personal service, or other reasonable means.
4. Fourth violation. Installation of flow-restricting devices and surcharge imposed on utility bill ($300) following advanced written notice delivered to customer via mail, personal service, or other reasonable means and any additional charges applied as outlined in this chapter.
5. Additional violations beyond the fourth. Discontinuation of water service following 5 business days after a written notice is delivered to customer via mail, personal service, or other reasonable means. When service is discontinued pursuant to the provisions of this section, service shall not be reinstated until the violator agrees in writing to comply with the provisions of this chapter and pays a $500 penalty for waste of water violation in addition to the established water reconnection fee.
(B) Equitable relief. The provisions of this article may be enforced by an appropriate remedy, including mandatory or prohibitory injunction, issued from a court of competent jurisdiction.
(C) Any person cited for violation pursuant to this ordinance may, within 10 business days after receipt or notice of such a violation, submit the matter to the City Manager or his or her designee for review. Review of the matter may be conducted in an informal manner and without adherence to the rules of evidence required in judicial proceedings. The City Manager may consider any relevant and reliable evidence concerning the decision, including evidence of the proper application of the city standards utilized in reaching the decision or any errors in the information or methodology used by the city personnel in reaching the decision. The City Manager may, in consultation with the City Attorney, hold an informal hearing on the matter. The City Manager shall uphold a decision which is supported by substantial, reliable and probative information, and shall modify or reject any other decision. The City Manager's final decision upon review, which may be promulgated with the assistance of the City Attorney, shall be in writing, contain findings of fact and other grounds for the final decision, and be delivered or mailed within 60 days of the submission of the appeal to the party requesting review and to his or her attorney of record, if any.
(Ord. 12-1088, § 8, passed 12-11-2012; Ord. 10-1004, passed 4-13-2010)