(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) 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.
(1) If the Manager, Water Director or other town official or officials charged with implementation and enforcement 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. This 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.
(a) 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 will have the opportunity to appeal the termination by requesting a hearing scheduled before the town’s Board of Commissioners or a town official designated as a hearing officer by the town’s Board of Commissioners.
(b) If such 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 order.
(c) The town’s Board of Commissioners or hearing officer shall make findings of fact and order whether service should continue or be terminated.
(2) A fee of $50 shall be paid for the reconnection of any water service terminated pursuant to § 51.06 of this code. In the event of subsequent violation, the reconnection fee shall be $200 for the second violation and $300 for each additional violation.
(3) 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 subject to a civil penalty, not to exceed $100, as further described in § 10.99. Each day’s violation shall constitute a separate violation.
(C) 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. O-07-002, passed 7-2-2007; Ord. 19- , passed 2-21-2019)