(A) The use of water from the town’s water supply in violation of any mandatory water conservation control imposed pursuant to this article, the term of any permit subject to § 21-299.1, or the term of any variance issued pursuant to § 21-299.2, is unlawful. Further, the refusal, or failure, of a customer, or other person acting on the customer’s behalf, to cease immediately a violation of a water conservation control, after being directed to do so by a person authorized to enforce the provisions of this article, is unlawful. Each customer is responsible for any use of water that passes through the service connection associated with the customer’s account, or otherwise passes through the customer’s private water supply.
(B) Any customer who violates, or permits the violation of, any mandatory water conservation control imposed pursuant to § 21-296 shall be subject to a civil penalty according to the following schedule of penalties:
Number of Offenses
|
One and One Half Inch Service Connection or Smaller
|
Two Inch Service Connection or Larger
|
First offense | $100 | $200 |
Second offense | $200 | $400 |
Third, and subsequent, offenses | $300 | $600 |
(C) Any customer who violates, or permits the violation of, any mandatory water conservation control imposed pursuant to §§ 21-297 and 21-298 shall be subject to a civil penalty according to the following schedule of penalties:
Number of Offenses | One and One Half Inch Service Connection or Smaller | Two Inch Service Connection or Larger |
First offense | $200 | $400 |
Second offense | $400 | $800 |
Third, and subsequent, offenses | $600 | $1,200 |
(E) Any customer, or other person acting on behalf of the customer, who refuses, or otherwise fails, to cease immediately a violation of a water conservation control after being directed to do so by a person authorized to enforce the provisions of this article, shall be subject to a civil penalty equal to twice the amount of the civil penalty applicable to the violation which such customer, or person, was directed to cease.
(F) In addition to the payment of any civil penalty assessed pursuant to this section, a customer shall be subject to termination of water service through any irrigation service connection used to violate any water conservation controls imposed pursuant to this article during any period of time during which a water shortage declaration is continuously in effect under the following circumstances:
(1) Five, or more, violations of any water conservation control, including, without limitation, the terms of any variance, or permit, issued pursuant to this article; or
(2) Two, or more, violations of any Stage 2 or Stage 3 water conservation control, including, without limitation, the terms of any variance, or permit, issued pursuant to this article.
(G) In the discretion of the Town Manager, or his or her designee, termination of such service may include one, or more, of the following actions: turnoff; meter removal; yoke removal; and turnoff at main. Water service will not be restored at such service connection until the customer agrees to such terms as the Town Manager, or his or her designee, determines are reasonably necessary, or advisable, to assure the customer’s compliance with such water conservation controls, as are then in effect, or may be imposed, pursuant to this article, and the payment of all the customer’s obligations, including, without limitation, all outstanding charges for water service, civil penalties, and all other fees, amounts, and penalties charged in accordance with the provisions of this article. If a customer violates such a term, or condition, the customer shall be subject to a civil penalty of up to $1,000 in addition to any other remedy that may be authorized by law, or agreement, and termination of water service through such serviced connection for a minimum period of 15 days. Service may be restored thereafter in accordance with the provisions of this section.
(H) A customer whose water service is terminated pursuant to § 21-292.2(F) shall not be entitled to notice, and an opportunity for a hearing in advance of such termination. Notice of such termination shall be given as soon as reasonably possible after a decision is made by the Town Manager, or his or her designee, to terminate such service, but service of such notice, and an opportunity for a hearing, shall not be conditions precedent to such termination. A customer whose service is terminated pursuant to this section, or who receives notice of such a termination, shall have five calendar days after termination of service, or receipt of notice of termination, whichever is later, to appeal such termination to the Town Manager, or his or her designee, by delivering a written notice of appeal. A hearing shall be held on such appeal within three business days of receipt of the notice of appeal, or by such other date as approved by the Town Manager, or his or her designee, and the customer.
(I) The violation of any water conservation control, or provision of this article, may be enforced by all remedies authorized by law for non-compliance with municipal ordinances, including the assessment of a civil penalty and action for injunction, order of abatement, or other equitable relief.
(J) Except as provided in this section, each day that a violation of a mandatory water conservation control occurs shall be considered to be a separate violation.
(K) If a customer, or other person acting on behalf of the customer, refuses, or otherwise fails, to cease immediately a violation of a water conservation control after being directed to do so by a person authorized to enforce the provisions of this article, such failure shall constitute a separate violation.
(L) After receiving a notice of violating a water conservation control, and ceasing such violation, a customer who resumes the violation of said water conservation control on the same day shall be guilty of a separate violation.
(M) MPWD, and any other town employees or persons designated by the Town Manager, shall be authorized to enforce the provisions of this article.
Penalty, see § 1-111