Any person who violates the provisions of this chapter, who fails to carry out the duties and responsibilities imposed by this chapter or who impedes or interferes with any action undertaken or ordered pursuant to this chapter shall be subject to the following penalties.
(A) If the Mayor, Manager, Water Superintendent or other town official or officials charged with implementation and enforcements of this chapter, or a water supply shortage resolution, learns of any violation of any water use restriction imposed pursuant to this chapter, a written notice of the violation shall be affixed to the property where the violation occurred and mailed to the customer of record and to any other person known to the town who is responsible for the violation or its correction.
(B) The notice shall describe the violation and order that it be corrected, cured or abated immediately or within the 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 mail that, due to the violation, water services will be discontinued within a specified time and that the customer shall have the opportunity to appeal the termination by requesting a hearing scheduled before the Town Council or an official designated as a hearing officer by the Council;
(2) If a hearing is requested by the customer charged with the violation, he or she shall be given a full opportunity to be heard before termination is ordered; and
(3) The Town Council or hearing officer shall make findings of fact and order whether service should continue or be terminated.
(C) A fee of $50 shall be paid for the reconnection of any water service terminated pursuant to divisions (A) and (B) above. In the event of subsequent violation the reconnection fee shall be $200 for the second violation and $300 for each additional violation.
(D) Any customer may also be charged with violation of this chapter and prosecuted in District Court. Any person so charged and found guilty of violating the provisions of this chapter 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 $50 or imprisonment for not more than 30 days.
(E) In addition to, or in lieu of, criminal prosecution, violation of this chapter may subject the offender to civil penalties in the amounts provided, or otherwise in an amount of $25 per day, collectible in a civil action in the nature of debt.
(Ord. passed 4-26-1999)