(A) Any person or customer found guilty of violating any of the provisions of this chapter or any written order of the city, in pursuance thereof, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $500 for each violation. Each day upon which a violation of the provision of the Act shall occur shall be deemed a separate and additional violation for the purpose of this chapter.
(B) In addition to the penalty provided in § 10.99, any water meter found to have been tampered with or bypassed, having the capability of being circumvented, or with an illegal cross-connection present, shall be presumed conclusively to have been in such condition for six months prior to its discovery by the city. The owner of the premises serviced by a meter which has been bypassed or circumvented, or having the capability of being circumvented, shall be assessed and charged an amount double the water usage of a comparable premises in six months. This charge shall be billed subsequent to discovery of the bypass or circumvention and shall also be recorded as a lien against the premises and certified and spread on the tax rolls. For the purposes of this chapter, a comparable premises in case of a dwelling house shall be one with an equal number of adults and children, if said information is available; otherwise the average usage for a similar size dwelling should be used. For other types of premises, a comparable premises shall be a similar establishment, i.e. a church, office, store, and the like. Any residence or structure found in violation of this chapter shall be subject to immediate utility disconnect and shall not be reconnected to the utility supply until all bills, penalties, reconnection charges, and deposits have been paid.
(C) Violation of any of the provisions of this chapter shall constitute a municipal civil infraction. A person, firm, or corporation determined to be responsible or responsible “with explanation” for a municipal civil infraction shall be subject to a civil fine of not more than $100, plus costs, and if applicable, damages and expenses as provided by law. A municipal civil infraction action brought for any violation of this chapter shall follow procedures set forth in Public Act 12 of 1994, as amended, and a defendant charged with a municipal civil infraction violation shall have all of the rights, duties, responsibilities, and obligations set forth therein.
(D) It shall be unlawful for any person having a separate meter to suffer, allow, or permit any of the water passing through such meter to be used in any fashion whereby the water will be introduced into the sanitary sewer system of the city.
(Ord. passed 3-13-2003; Ord. passed 7-18-2013; Ord. passed 4-11-2019)