(A) Notice of violations.
(1) A written notice of violation must be presented or sent by certified mail to any customer/ person who has been found to be in violation of any part of this chapter.
(2) The notice of violation will be sent out to the consumers by April 30 of the following year the violation occurred, for any minor violation that does not pose any immediate danger to the public water supply.
(3) Such notice must explain the violation and give the time period within which the violation must be corrected. The time period set to correct a violation shall not exceed 30 days after receiving the notice unless otherwise specified. If the violation has been determined by the Backflow ORC to be imminent/high hazard or has created or contributed to the existence of an imminent hazard, the customer shall be required to correct the violation immediately.
(4) In the event a customer is found in violation of this chapter and fails to correct the violation in a timely manner, or fails to pay any civil penalty or expense assessed by this chapter, water service may be terminated. Termination of water service will be without prejudice to the city’s ability to assert any other remedy available to the city against the customer or any other person responsible for the violation.
(B) Reduction of penalty.
(1) The Backflow ORC may reduce or dismiss any civil penalty imposed under § 54.99 if the Backflow ORC has determined that the person charged with the violation has no past history of violation in a timely manner.
(2) No civil penalty shall be reduced if it has been determined the violation was intentional.
(3) Any person violating any part of this chapter must reimburse the city for any expenses in repairing damage to the public water system caused by any violation and any expenses incurred for investigating a violation. Any refusal to pay penalties assessed to the customer may result in legal action. All fines and or fees may be assessed to the consumer’s monthly utility bill with approval of the Assistant City Manager, City Manager or Finance Director.
(Ord. 07-14-03B, passed 8-8-2022)