This subchapter may be enforceable through one or more of the following ways: payment of administrative fees, termination of service and prosecution in the Payson Magistrate Court.
(A) Administrative fees. Customers who violate any provision in this subchapter may be assessed an administrative fee for each such violation. Such fees shall be assessed on the customer's water bill. All violations on a single date at a single customer address shall constitute a single offense and each day that a violation occurs shall be considered a separate offense under this subchapter.
(1) Amount of administrative fees. The administrative fees shall be as determined by Council.
(2) Right to appeal. Each customer who is assessed an administrative fee shall have the right to appeal the imposition of such fee by filing a written notice of appeal with the Water Division within ten calendar days of receiving the water bill containing the administrative fee. Within ten calendar days following receipt of such notice of appeal, the Division Manger shall set a date for hearing the appeal, which shall occur not later than 30 days after receipt of the written notice of appeal. The customer shall be notified in writing of the time and place of such hearing and such notification shall be made to the last billing address of such customer. The appeal shall be informal and shall be heard by the Division Manager. The Division Manager's decision shall be final.
(B) Termination of service. The town may terminate or suspend water service to property owned or controlled by a customer in violation of this subchapter. The Division Manager shall cause a notice of water termination to be served upon the violating party stating that service will be discontinued in five calendar days from the day of service unless a hearing is requested. A hearing may be requested by delivery of a request in writing to the Town Manager within five calendar days. If a hearing is requested, the Town Manager shall convene a hearing within three days. The requesting party may appear before the Town Manager and may present such evidence and reasons such party may have for not effectuating a termination or suspension of water service and may bring to the hearing such other persons or evidence as such party may desire. After hearing, and upon finding that such a violation has occurred, the Town Manager may order that water service be terminated or suspended pending compliance with this subchapter.
(C) Emergency termination of service. When a violation of this subchapter occurs, and the Division Manager determines that the specific circumstances of the violation are of such a serious nature as to require immediate measures and abatement, the Division Manager may take steps to temporarily shut off the water source or discontinue the water service to the property where the violation is occurring. In such cases, the Division Manager shall cause a notice of water termination to be served upon the violating party at the time of emergency termination of services. The violating party shall have the right to appeal such action as provided in division (B) above.
(Res. 2767, passed 4-17-14; Am. Ord. 846, passed 4-17-14)