Any person who violates the provisions of this chapter, who fails to carry out the duties and responsibilities imposed by this chapter, or who impedes or interferes with any action undertaken or ordered pursuant to this chapter, shall be subject to the following penalties.
(A) If the Mayor, City Manager, Water Superintendent, or other city official or officials charged with implementation and enforcement of this chapter, or a water supply shortage resolution learns of any violation of any water use restriction imposed pursuant to this chapter, a written notice of the violation shall be affixed to the property where the violation occurred and mailed to the customer of record, and to any other person known to the city who is responsible for the violation or its correction. The notice shall describe the violation and order that it be corrected, cured, or abated immediately, or within such specified time as the city determines is reasonable under the circumstances. If the order is not complied with, the city may terminate water service to the customer subject to the following procedures:
(1) The city shall give the customer notice by mail that, due to the violation, water services will be discontinued within a specified time and that the customer will have the opportunity to appeal the termination by requesting a hearing scheduled before the governing body or a city official designated as a hearing officer by the governing body;
(2) If such a hearing is requested by the customer charged with the violation, he or she shall be given a full opportunity to be heard before termination is ordered; and
(3) The governing body or hearing officer shall make findings of fact and order whether service should continue or be terminated.
(B) A fee of fifty dollars ($50.00) shall be paid for the reconnection of any water service terminated pursuant to subsection (A). In the event of subsequent violations, the reconnection fee shall be two hundred dollars ($200.00) for the second violation and three hundred dollars ($300.00) for each additional violation.
(C) Any customer may also be charged with violation of this chapter and prosecuted in District Court. Any person so charged and found guilty in District Court of violating the provisions of this chapter shall be guilty of a Class B misdemeanor. Each day’s violation shall constitute a separate offense.
(1) The penalty for an initial violation shall be mandatory fees of one hundred dollars ($100.00) which may not be adjusted by the District Court. In addition, such customer may be required by the court to serve a definite term of confinement in the city or county jail which shall be fixed by court and which shall not exceed thirty (30) days.
(2) The penalty for a second violation shall be a mandatory fine of three hundred dollars ($300.00) which may not be adjusted by the District Court. In addition, such customer shall serve a definite term of confinement in the city or county jail, which shall be fixed by the court and which shall not exceed thirty (30) days.
(3) Penalties for additional violations shall be the same as the second violation.
(Ord. 34-88, passed 9-8-88)