SEC. 122.04. SURCHARGE FOR VIOLATION OF REQUIREMENTS IN SECTION 122.03 .

   (Amended by Ord. No. 172,075, Eff. 7/24/98.)

   (a)   If within 182 days of the date set for compliance in Section 122.03, an owner of a commercial, industrial or a multi-family residential building fails to comply with the requirements of Section 122.03, the Department of Water and Power shall thereafter charge that owner a ten-percent surcharge on the charges for water used for the property in violation, for each billing period until the owner complies or until the 365th day following the date set for compliance in Section 122.03, whichever occurs first.

   (b)   If, after 365 days following the date set for compliance in Section 122.03, the owner is still in violation, the Department of Water and Power shall increase the surcharge to twenty-five percent on the charges for water used for the property in violation, for each billing period until the owner complies or until the 547th day following the date set for compliance in Section 122.03, whichever occurs first.

   (c)   If, after the 547th day following the date set for compliance in Section 122.03, the owner still has not complied with these requirements, then the Department of Water and Power shall increase the surcharge to fifty percent on the charges for water used for the property in violation, for each billing period until the owner complies or until the 729th day following the date set for compliance in Section 122.03, whichever occurs first.

   (d)   If, after the 729th day following the date set for compliance in Section 122.03, the owner still has not complied with these requirements, then the Department of Water and Power shall increase the surcharge to one hundred percent on the charges for water used for the property in violation, for each billing period until the owner complies.

   (e)   Charges collected pursuant to this section shall be deposited in the Water Revenue Fund. All charges collected as surcharges pursuant to this section and deposited in the Water Revenue Fund commencing on and after July 1, 1993, shall be remitted to the City Controller for the City General Fund. Thereafter, all charges collected as surcharges pursuant to this section shall be remitted on a quarterly basis to the City Controller for the City General Fund.

   (f)   Inclusion in a customer’s bill of a surcharge on charges for water used for the property during the billing period shall be deemed a determination by the Department of Water and Power that the surcharge be assessed. Notice of the determination shall be deemed to have been provided to all interested parties on the date of mailing of the bill in which such surcharge is included. Appeals from determinations by the Department of Water and Power pursuant to this section shall be in accordance with the Rules established pursuant to Section 122.10, except that no appeal may be taken from any determination more than 90 days after the aggrieved party has received notice of the determination, or more than 180 days after the date of the determination, whichever is earlier. In no event shall the City or the Department of Water and Power be required to refund any charges received prior to the date of the determination.