A. Penalties. It shall be unlawful for any Customer of the Department to fail to comply with any of the provisions of this Article. Notwithstanding any other provision of the Los Angeles Municipal Code, the penalties set forth herein shall be exclusive and not cumulative with any other provisions of this Code. The penalties for failure to comply with any of the provisions of this Article shall be as follows:
1. Violations of any of the provisions of Subsection A., B., C., D., E., and F. of Section 121.08 during the preceding twelve (12) calendar months, shall result in imposition of an administrative civil penalty pursuant to Penalty Schedule A and shall be included on the Customer's regular water bill issued by the Department.
Penalty Schedule A
Water meter smaller than two (2") inches | ||||||
Phase 1 | Phase 2 | Phase 3 | Phase 4 | Phase 5 | Phase 6 | |
1st Written Warning | $0 | $0 | $0 | $0 | $0 | Board Authority |
2nd Written Violation | $50 | $100 | $200 | $300 | $400 | Board Authority |
3rd Written Violation | $100 | $200 | $400 | $600 | $800 | Board Authority |
4th Written Violation | $150 | $300 | $600 | $900 | $1,200 | Board Authority |
Water meter two (2") inches and larger | ||||||
Phase 1 | Phase 2 | Phase 3 | Phase 4 | Phase 5 | Phase 6 | |
1st Written Warning | $0 | $0 | $0 | $0 | $0 | Board Authority |
2nd Written Violation | $100 | $200 | $400 | $600 | $800 | Board Authority |
3rd Written Violation | $200 | $400 | $800 | $1,200 | $1,600 | Board Authority |
4th Written Violation | $300 | $600 | $1,200 | $1,800 | $2,400 | Board Authority |
(a) After a fifth or subsequent violation, the Department may install a flow-restricting device of one-gallon-per-minute (1 GPM) capacity for services up to one and one-half inch (1-1/2") size and comparatively sized restrictors for larger services or terminate a Customer's service, in addition to the financial surcharges provided for herein. Such action shall be taken only after a hearing held by the Department where the Customer has an opportunity to respond to the Department's information or evidence that the Customer has repeatedly violated this Article or Department rules regarding the conservation of water and that such action is reasonably necessary to assure compliance with this Article and Department rules regarding the conservation of water.
Any such restricted or terminated service may be restored upon application of the Customer made not less than 48 hours after the implementation of the action restricting or terminating service and only upon a showing by the Customer that the Customer is ready, willing and able to comply with the provisions of this Article and Department rules regarding the conservation of water. Prior to any restoration of service, the Customer shall pay all Department charges for any restriction or termination of service and its restoration as provided for in the Department's rules governing water service, including, but not limited to, payment of all past due bills and fines.
2. Violations of Section 121.09 shall result in imposition of administrative civil penalties pursuant to Penalty Schedule B and shall be included on the Customer's regular water bill issued by the Department:
Penalty Schedule B
Number of Consecutive Months with Violation | Phase 1 | Phase 2 | Phase 3 | Phase 4 | Phase 5 | Phase 6 |
Violation during months 1-5 | N/A | $1,000 | $2,000 | $5,000 | $10,000 | Board Authority |
Violation during months 6-11 | N/A | $2,000 | $4,000 | $10,000 | $20,000 | Board Authority |
Violation during months 12-17 | N/A | $3,000 | $6,000 | $15,000 | $30,000 | Board Authority |
Violation during months 18-23 | N/A | $4,000 | $8,000 | $20,000 | $40,000 | Board Authority |
(a) Customers continuing to violate Section 121.09 beyond 24 months will be referred to the Board for consideration of flow restrictors or other actions.
C. Notice. The Department shall give notice of each violation to the Customer committing such violation as follows:
1. For any violation of the provisions of Section 121.08 and 121.09, the Department may give written notice of the fact of such violation to the Customer personally, by posting a notice at a conspicuous place on the Customer's premises or by United States mail, First-Class, postage prepaid, addressed to the Customer's billing address.
2. If the penalty assessed is, or includes, the installation of a flow restrictor or the termination of water service to the Customer, notice of the violation shall be given in the following manner:
(a) By giving written notice thereof to the Customer personally; or
(b) If the Customer is absent from or unavailable at either their place of residence or place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the United States mail, First Class postage prepaid, addressed to the Customer at their place of business, residence or such other address provided by the Customer for bills for water or electric service if such can be ascertained; or
(c) If such place of residence, business or other address cannot be ascertained, or a person of suitable age or discretion at any such place cannot be found, then by affixing a copy in a conspicuous place on the property where the failure to comply is occurring, and also by delivering a copy to a person of suitable age and discretion there residing or employed, if such person can be found, and also sending a copy through the United States mail, First Class, postage prepaid, addressed to the Customer at the place where the property is situated, as well as such other address provided by the Customer for bills for water or electric service if such can be ascertained.
Said notice shall contain, in addition to the facts of the violation, a statement of the possible penalties for each violation and statement informing the Customer of their right to a hearing on the violation.
D. Hearing and Appeal. Any Customer who disputes any penalty levied pursuant to this Section shall have a right to a dispute determination conducted pursuant to the Department's Rules Governing Water and Electric Service. Any Customer dissatisfied with the Department's dispute determination may appeal that determination within 15 days of issuance to the Board or to a designated hearing officer at the election of the Board. The provisions of Sections 19.24, 19.25, 19.26 and Sections 19.29 through 19.39 of the Los Angeles Administrative Code shall apply to such appeals. All defenses, both equitable and legal, may be asserted by a Customer in the appeal process. The decisions of the Board shall become final at the expiration of 45 calendar days, unless the Council acts within that time by a majority vote to bring the action before it or to waive review of the action. If the Council timely asserts jurisdiction, the Council may, by a majority vote, amend, veto or approve the action of the Board within 21 calendar days of voting to bring the matter before it, or the action of the Board shall become final. If the City Council asserts jurisdiction over the matter and acts within 21 calendar days of voting to bring the matter before it, the City Council's action shall be the final decision.
E. Public Disclosure. Any violation of any section of this Ordinance shall be subject to disclosure under the California Public Records Act.
F. Reservation of Rights. The rights of the Department hereunder shall be cumulative to any other right of the Department to discontinue service. All monies collected by the Department pursuant to any of the surcharge provisions of this Article shall be collected for water conservation purposes consistent with this Ordinance.