(a) Each and every day that a violation of this chapter occurs or continues to occur shall be considered a new and separate offense. Except for any violation of water use limitations for which a volumetric penalty may be imposed, for each violation of this chapter the following civil penalties may be imposed by issuance of a citation and complaint:
(1) First violation. For a first violation, the City shall issue a written warning to the water customer.
(2) Second violation. For a second violation, the City shall impose a civil penalty in the amount of One Hundred Dollars ($100.00).
(3) Third violation. For a third violation, the City shall impose a civil penalty in the amount of Two Hundred Dollars ($200.00).
(4) Subsequent violations. For the fourth and any subsequent violation within one (1) year, the City shall impose a penalty in the amount of Five Hundred Dollars ($500.00). In addition to the civil penalty, the City may also install a flow restricting device on the service of at the premises at which the violation occurred for a period of not less than forty-eight (48) hours. The City shall charge the responsible party the reasonable costs incurred for installing and removing the flow-restricting devices and for restoration of normal service. The charge shall be paid before normal service may be restored.
(b) Except for any violation of water use limitations for which a volumetric penalty may be imposed, the City shall give notice of a violation to the person committing the violation as follows:
(1) For a first violation, if the person committing the violation is a water customer of the City, then notice shall be given in writing by regular mail or personal delivery to the address at which the water customer is normally billed or at the address where the violation occurred. If the person committing the violation is not a water customer of the City, or if the event is not related to a specific property, the notice may be sent to the last known address of the responsible party or personally delivered.
(2) Notice of second or subsequent violations shall be given by the issuance of a citation and complaint in accordance with § 6-8.33(c) and (d).
(3) Unless an appeal and/or hearing is requested pursuant to the provisions of § 6-8.34, any civil penalty(ies) imposed by the City shall be due and payable within thirty (30) days of the issuance of the citation and complaint.
(c) Except for any violation of water use limitations for which a volumetric penalty may be imposed, any notice of violation of this chapter shall be issued as a citation and complaint and shall:
(1) Identify the provision(s) of this chapter and any state law, if applicable, alleged to have been violated;
(2) State that continued noncompliance may result in civil, criminal, or administrative enforcement actions against the person who committed the violation, or the customer or the property owner and/or occupant of the property where the violation occurred;
(3) State a compliance date that must be met by the person who committed the violation, or the customer, or the property owner and/or occupant of the property where the violation occurred;
(4) Order remediation work, where applicable, that must be taken;
(5) State that the recipient has a right to request a hearing and appeal the matter as set forth in § 6-8.34;
(6) Include the address of the affected property and be addressed to the water customer or the property owner as shown on the most recently issued equalized assessment roll or as may otherwise appear in the current records of the City. If the notice of violation applies to a responsible party who is not the property owner or a water customer, or if the event is not related to a specific property, the notice may be sent to the last known address of the responsible party or personally delivered; and
(7) Be deemed served within ten (10) business days after posting on the property, if the property owner or occupant of the affected property cannot be located after the reasonable efforts of the City Manager or his/her authorized designee.
(d) Any citation and complaint may be sent by regular mail or personal delivery. Service by regular mail is effective on the date of mailing. Service by personal delivery is effective on the date delivered. The citation and complaint, may include, where deemed applicable by the City Manager or his/her authorized designee, the following terms and conditions.
(1) Specific steps or actions and time schedules for compliance as reasonably necessary to prevent future violations of this chapter; and
(2) Any other terms, conditions, or requirements reasonably calculated to prevent continued or threatened future violations of this chapter, including, but not limited to, discontinuing or limiting water service with the installation of a flow restricting device.
(e) Any volumetric penalty imposed shall be:
(1) Applicable to all potable water used in excess of the water use limitations as established by separate resolution of the City Council;
(2) Collected on the customer's water bill;
(3) Due and payable as part of the customer's water bill;
(4) The responsibility of the customer of record for the property where the violation occurred; and
(5) Paid in addition to the water service fees the City imposes for the potable water delivered to the property where the violation occurred.
(f) The receipt of a water bill with any applicable volumetric penalty shall serve as notice of violation of the adopted water use limitations as established by resolution of the City Council.
(g) Any person who wishes to appeal the imposition of a volumetric penalty may do so pursuant to § 6-8.34. Notice of the right to a hearing and to appeal the imposition of a volumetric penalty shall be included in the customer's water bill.
(§ 2, Ord. 2907, eff. June 16, 2009, as amended by § 2, Ord. 3027, eff. October 1, 2015 and § 2, Ord. 3196, eff. December 7, 2021)