(a) The direct or indirect use of water from the City of Marion distribution system in violation of this article is prohibited. Any water customer of the City of Marion distribution system that violates or permits the violation of this article shall be subject to a penalty of five hundred dollars ($500.00). the $500.00 penalty described in this subsection may be assessed before or after any notice required by subsection (d) has been issued.
(b) Each violation shall be added to the customer's water bill and paid in the same manner as current payments to the City of Marion.
(c) Each day a violation occurs shall be considered a separate violation.
(d) If a violation is known to have occurred pursuant to this article, a written notice shall be mailed to the customer of record and to any other person known to the City of Marion who is responsible for the violation and its correction, or affixed to the property. The written notice shall describe the violation and order that it be corrected immediately or within such specified time as the City of Marion determines is reasonable under the circumstances. The $500.00 penalty described in subsection (a) above applies whether or not a notice is issued under this subsection.
(e) If the notice is not complied with, the City of Marion may terminate water service to the customer subject to the following procedure:
(1) The city 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 in writing a hearing scheduled before the city council within seven (7) days of receipt of the notice.
(2) 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 ordered.
(3) The city council shall make findings of fact and order whether water service should be continued or terminated.
(f) A connection fee shall be paid for the reconnection of any water service restricted or terminated. In the event of subsequent violations, the reconnection fee shall be doubled for the second violation and tripled for each additional violation.
(Ord. of 9-18-07, § 2)