(A) No person shall maliciously or willfully, break, damage, destroy, uncover, deface or tamper with any structure or equipment which is part of the city's public works and Utilities, including, but not limited to, metering equipment, water or gas lines, storm water system, or the waste water system. In the sole and absolute discretion of the Director of Public Works and Utilities or the Field Operations Manager, any person violating this provision shall be subject to immediate discontinuation of water or gas service and shall pay the total cost of repairing or replacing the equipment, any disconnect or connect fees, and penalties charged for violations issued, including, but not limited to, attorney fees, plus a fifteen percent (15%) administrative fee. Furthermore, the customer shall be subject to criminal charges and prosecution under the applicable Kentucky Revised Statutes.
(B) A fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) may be levied for maliciously or willfully breaking, damaging, destroying, uncovering, defacing or tampering with any structure or equipment which is a part of city Public Works and Utilities. Each day that the violation continues shall be a separate and distinct violation.
(C) Any person who shall unlawfully acquire utility services from the city without applying for service and having a meter installed shall be prosecuted under the Criminal Code of the Commonwealth of Kentucky for theft of services, and if found guilty, shall be fined and/or imprisoned in accordance with KRS 514.060. In addition, the violator may be held liable by a court of law for the cost of any repairs and equipment in addition to any fine or term of imprisonment imposed.
(D) MMU may discontinue service to the customer and serve the customer with a notice of violation or citation, if it has evidence that any of the following conditions exist:
(1) Unauthorized service by illegal use or theft of services;
(2) Theft of gas, water or sewer services or for the appearance of any theft devices on the premises;
(3) The illegal supplying or selling of gas, water or sewer services to other persons or premises without a written permit; and
(4) Waste or failure to maintain service lines owned by the customer beyond the meter.
(E) See the penalties and violations sections of Chapters, 51,52 and 53, of the city for penalties specific to each utility service.
(Ord. 2022-1836, passed 12-8-22)