The following penalties shall apply to anyone violating the terms of this Plan or the drought response stages or emergency response stages adopted pursuant hereto:
(A) First violation.
(1) Any person or entity who violates this Plan shall receive written notification of such violation, which notice shall set forth:
(a) The date of the violation;
(b) The nature of the violation;
(c) The drought response stage then in effect; and
(d) The penalties applicable for any further violations of this Plan.
(2) Provided, however, that if such person or entity has ever previously violated the Plan, the penalties set forth in division (B) below, may in the discretion of the City Council, be imposed.
(B) Subsequent violations.
(1) Disconnection for noncompliance. If any person or entity violates any provision of this Plan more than one time (which violation shall constitute an unauthorized use of city services and/or facilities), then in addition to any other remedies, penalties, sanctions and enforcement procedures provided for herein, the city shall have the right to terminate water service to such person or entity after notice and any other procedural requirements in the city's rate order are satisfied.
(2) Monetary penalties for noncompliance. If any person or entity violates any provision of this Plan more than one time (which violation shall constitute an unauthorized use of city services and/or facilities), then, in addition to disconnection as provided in division (B)(1) above, the City Council may impose a penalty of up to $5,000.00 for each violation of this Plan. Each day that a breach of any provision of this Plan continues shall be considered a separate violation. This penalty shall be in addition to any other legal rights and remedies of the city as may be allowed by law.
(Ord. 2011-8, passed 9-26-2011; Ord. 2016-10, passed 10-18-2016; Ord. 2021-11, passed 11-16-2021)