§ 52.19 ENFORCEMENT.
   (A)   The City Public Works Superintendent will have primary responsibility for monitoring of compliance with this subchapter.
   (B)   The following provisions shall govern the implementations of temporary service interruptions:
      (1)   In order to effectuate compliance with this chapter, the city is hereby authorized and required to plan and implement temporary service interruptions to all or part of its water supply system, as may be deemed appropriate, when any or all of the following conditions are determined to exist:
         (a)   The mandated reduction in system-wide usage has not been achieved;
         (b)   The mandated reduction in system-wide water usage has been achieved, but has failed to have a significant impact in extending limited water supplies; or
         (c)   Temporary service interruptions are necessary in order to further extend limited or dwindling water supplies.
      (2)   In the event it is determined that temporary service interruptions are necessary, the city shall notify its customers through the public media (newspaper and radio) at least one day prior to the temporary service interruptions, that a planned temporary service interruption is to be imposed. Such notice shall:
         (a)   State the day or days when the planned temporary service interruptions will occur;
         (b)   State the times when such planned temporary service interruptions will commence, and the times such interruptions will cease;
         (c)   State whether the planned temporary service interruptions are to be imposed on the entire system, or part thereof, and, if only parts of the system will experience planned temporary service interruptions, and identify geographic boundaries within which such interruptions will occur; and
         (d)   Advise all customers within the areas affected by planned temporary service interruptions how to treat any water received from the system, for human consumption, during the periods of such interruptions and for such additional time as may be necessary until full pressure is restored to the system.
      (3)   If a planned temporary service interruption is imposed as authorized and required by this chapter, it must provide for the continued delivery of water to health care facilities within the areas affected by such interruptions, by means of any adequate alternative delivery measures that may be necessary.
      (4)   If a planned temporary service interruption is implemented, it must make a provision, by any means possible, for the continued delivery of such water as may be necessary for the proper operation of sewage collection, treatment, and disposal systems and facilities.
   (C)   Any residential or nonresidential water customer who exceeds the allotments established pursuant to this water rationing will be subject to the following excess use charges.
      (1)   Excess use charges will be collected based on the amount by which a customer's use exceeds the water allotments established pursuant to the local water rationing declaration, computed in accordance with the following schedule:
 
Excess Usage Per Month
Charge for Excess
First 1,000 gallons or portion thereof
$7 per 1,000 gallons or portion thereof
Each 1,000 gallons, or portion thereof, thereafter
                  
 
      (2)   Any moneys collected through excess use charges shall not be accounted for as income, but shall be placed in a reserve account that is dedicated to addressing water shortage problems and water conservation initiatives.
   (D)   In addition to the excess use charge, noncompliance with the water rationing provisions of this chapter will result in the following:
      (1)   For the first excess use, a warning of possible discontinuation shall be issued to the customer.
      (2)   For the second or subsequent excess uses, service to the customer may be interrupted or shut off for a period not to exceed 48 hours, or, if the customer provides access, a flow restrictor may be installed in the customer's service line for the duration of the emergency. The cost incurred to interrupt or shut off and reinstate service, or to install and remove a flow restrictor, shall be assessed to the water customer.
   (E)   Meter reading schedules are authorized to be altered to assure adequate monitoring of compliance with this chapter.
   (F)   Any customer or other person aggrieved by a decision or action imposing any excess use charge or other remedy for noncompliance with the requirements of this chapter may proceed in accordance with the following provisions:
      (1)   The city shall adopt procedures which provide an opportunity for the customer or aggrieved party to rebut the finding of a violation, or provide evidence of circumstances beyond the customer's control which resulted in the violation. A record of evidence regarding disputed violations shall be kept, and a written notice of the city's final decision and action in such cases shall be provided to the customer or aggrieved party.
      (2)   Any person aggrieved by the final decision or action of the city may file a complaint with the City Council in accordance with the city's normal administrative procedures.
(Ord. 5-1987, passed 5-4-1987)