A. Prohibited: Users of water from the city water system shall not permit water to continue to run wastefully and without due efforts to conserve water. If a user of municipal water engages in practices which result in the needless waste of water and continues so to do after reasonable notice to discontinue wastefulness has been given, the city may refer the matter to code enforcement for additional civil action in accordance with Title 12, Administrative Code Enforcement Hearing Program or to the governing body for termination of connection.
B. Termination; Hearing: The governing body may thereupon consider terminating the right of the individual to use culinary water. If it elects to consider the matter of termination, it shall give notice to the water user of the intention to terminate the water connection at least five (5) days prior to the meeting of the governing body at which termination of water service is to be considered. The notice shall inform the water user of the time and place of the meeting and of the charges which designated to the consideration of the termination. (1989 Code § 14-135)
C. Appearance; Representation: A water user whose right to utilize city water is being reviewed shall have opportunity to appear, with or without counsel, and present reasons why the water service should not be discontinued.
D. Determination: After due hearing, the governing body may arrive at a determination. If the determination is to discontinue the wasteful water user's service connection, it shall provide notice of the decision and of the period during which the service will remain discontinued. (1989 Code § 14-135)
E. Prohibited Hours And Dates: Watering outside with city water is prohibited between the hours of ten o'clock (10:00) A.M. and six o'clock (6:00) P.M. Use of sprinkling systems from October 15 through April 15 is prohibited, or other dates, dependent upon the water availability that year and proclamation by the Mayor.
F. Exceptions: The public works director, with reasonable discretion, is authorized to permit water use in contravention of these provisions. A written application stating the reasons for a requested exception shall be submitted to the public works director. A record shall be kept of any such exceptions granted and any permission granted by the public works director shall be issued in writing.
G. Violations; Warning, User Fee; Penalty For Violation: Anyone using water in violation of these provisions shall, upon first violation per year, be warned in writing by the public works director or designee against further illegal use, and upon second violation shall be assessed a water user fee in such amount as specified in the comprehensive fee schedule resolution. Such fee shall become part of the water bill of that person or of the property whereon such use occurred.
H. Right Of Appeal: There shall be a right of appeal of any such assessment to the city council, which appeal must be made in writing within thirty (30) days of the assessment.
I. Penalty: Anyone using water in violation of these provisions shall be guilty of an infraction and subject to criminal penalty as provided in section 1-4-1 or civil penalty as provided in Title 12, Administrative Code Enforcement Hearing Program. (Ord. 01-04, 4-17-2001; amd. 2012 Code; Ord. 2022-03, 6-7-2022)