(A) A written notice of violation shall be given to any person who is determined to be in violation of any provision of this article.
(B) The notice shall set forth the violation and the time period within which the violation must be corrected. The violation must be corrected within a reasonable time, as specified in the notice, not to exceed 30 days from receipt of the violation notice. If the Director and/or Cross-Connection ORC determine that the violation is occurring on a customer's private water system and that the violation has created or contributed to the existence of an imminent hazard, the customer may be required to correct the violation immediately.
(C) Water service may be terminated to a customer if the customer fails to correct a violation or to pay any civil penalty or expense assessed under this article. Termination of water service will be without prejudice to the town's ability to assert any other remedy available to the town against the customer or any other person responsible for the violation.
(D) Each violation to be considered a one-time civil violation subject to the following schedule:
(1) Any tester who falsifies records will lose his or her approved tester status and/or be subject to a $500 civil penalty;
(2) Submitting incomplete records or failing to submit records may cause the tester to be removed from the approved tester list and/or $250 civil penalty;
(3) Failing to test backflow prevention assemblies as required is $100 per day;
(4) Failing to maintain backflow prevention assemblies as required is $100 per day; and
(5) Any other violation of this article is $100.
(E) The Director may increase any civil penalty assessed under this article by $100 or 50% of the maximum civil penalty associated with the violation, whichever is greater for a second violation of the same provision within a two-year period. Water service may be terminated after a third violation of the same provision within a two-year period. Any person violating any provision of this article shall pay to the town all expenses incurred by the town in repairing any damage to the public water system caused in whole or in part by the violation and any expense incurred by the town in investigating the violation. All expenses are deemed to be a part of the civil penalty assessed with the violation.
(Ord. passed 10-5-2010; Amended 1-4-2022)