Any violation of the provisions of this article shall be prosecuted as an administrative citation, pursuant to Chapter 7, Article III or as a criminal citation pursuant to Chapter 1, Article 1, section 1-10 as determined by the city attorney. The following administrative remedies shall be imposed against any person for violation(s) of this article:
(A) For the first violation, a written warning shall be issued to the responsible person or entity listed on the water service record for the location where the violation occurred or is occurring.
(B) For the second violation during a 12-month period, a written notice to correct the violation shall be issued to the responsible person or entity listed on the water service record for the location where the violation occurred or is occurring.
(C) For the third violation during a 12-month period, an administrative citation and fine in the amount of $100 shall be issued to the responsible person or entity listed on the water service record for the location where the violation occurred or is occurring.
(D) For the fourth violation during a 12-month period, an administrative citation and fine in the amount of $300 shall be issued to the responsible person or entity listed on the water service record for the location where the violation occurred or is occurring.
(E) For the fifth violation during a 12-month period, an administrative citation and fine in the amount of $700 shall be issued to the responsible person or entity listed on the water service record for the location where the violation occurred or is occurring.
(F) (1) For a sixth violation during a 12-month period, and upon a written notice of violation, the city shall be able to install, at the expense of the responsible person or entity, a flow-restricting device of one gallon per minute capacity on the location receiving water service through up to one and one-half-inch size distribution systems and comparatively sized restricting devices on locations receiving water service through larger distribution systems. These devices shall be installed for a period of not less than 48 hours on the service of the responsible person at the location at which the violation occurred.
(2) The charge for installation of such a flow-restricting device shall be based upon the size of the responsible person's or entity's meter and the actual cost of installation.
(3) The flow-restricting device shall remain installed until removed as authorized by the city manager. The charge for removal of the flow-restricting device and restoration of normal service shall be based on the city's actual cost.
(4) For any violations after the sixth violation during a 12-month period, the city may discontinue water service to the violator at the location at which the violation(s) occurred, or impose such other penalty as deemed appropriate by the city manager, until such time that the city manager determines that further violations are not likely to occur.
(`64 Code, Sec. 33-92) (Ord. No. 2232, 2810, 3018, 3019)