(A) Excess use civil penalties will be collected based on the amount by which a customer's use exceeds the water allotments established pursuant to the local water rationing declaration, computed in accordance with the following schedule.
Excess Usage per Month | Civil Penalty for Excess |
First 2,000 gallons or portion thereof | $7 per 1,000 gallons or portion thereof |
Each 1,000 gallons, or portion thereof, thereafter | $15 |
(B) Any monies collected through excess-use civil penalties shall not be accounted for as income, but shall be placed in a reserve account that is dedicated to addressing water shortage problems and water conservation initiatives.
(C) In addition to the excess-use civil penalty, non-compliance with the water rationing provisions of this chapter will result in the following:
(1) For the first excess use, a warning of possible discontinuation shall be issued to the customer; and
(2) For the second or subsequent excess use, service to the customer may be interrupted or shut off for a period not to exceed 40 hours or a flow restrictor may be installed in the customer's service line for the duration of the emergency. The cost incurred to interrupt or shut off or reinstate service, or to install and remove a flow restrictor, shall be assessed to the water customer. Before service to an individual may be terminated under this provision, actual notice of the intent to discontinue shall be given, which shall include notice that the customer may appear at a designated time and place (within 24 hours) for an informal hearing to show why service should not be discontinued.
(D) Meter reading schedules are authorized to assure adequate monitoring of compliance.
(E) Any customer or other person aggrieved by a decision or action imposing an excess-use civil penalty or other remedy for non-compliance with the requirements of this chapter may proceed in accordance with the following provisions:
(1) The municipality shall adopt procedures which provide an opportunity for the customer or aggrieved party to rebut the finding of a violation, or provide evidence of circumstances beyond the customer's control which resulted in the violation; and
(2) A record of evidence regarding disputed violations shall be kept and a written notice of the town's final decision and action in those cases shall be provided to the customer or aggrieved party.
(F) Shortage water rates upon the declaration of a water supply shortage, the Town Council shall have the power to adopt shortage water rates by ordinance designed to conserve water supplies. Rates may provide for, but not be limited to:
(1) Higher charges per unit for increasing usage (increasing block rates);
(2) Uniform charges for water usage per unit of use (uniform unit rate);
(3) Extra charges for use in excess of a specified level (excess demand surcharge); or
(4) Discounts for conserving water beyond specified levels.
(G) Regulations during the effective period of any water supply shortage, the Town Council is empowered to promulgate by ordinance the provisions and requirements as may be necessary to carry out the provisions of this chapter, any water supply shortage declaration ordinance, or water shortage rate ordinance. The ordinances may be adopted at a special or emergency meeting of the governing body, if statutory requirements are met.
(Ord. passed 4-26-1999)