(A) Violation. It shall be unlawful for any person to violate any provision of this subchapter, including any mandatory water conservation measure.
(B) Civil penalties. Any person who violates this subchapter is subject to a civil penalty as described below in division (G) per violation, per day, for as long as the violation exists. The city shall serve a written citation on the violator and the customer, if different, by personal delivery or by certified or registered mail, return receipt requested. The citation shall describe the violation and shall specify the amount of the civil penalty levied. If a person fails to pay a civil penalty within ten days after receiving written notice of such violation, then the city may recover the penalty through a civil action in the nature of a debt, including all further accruing penalties for continuing violations.
(C) Continuing violation. Each day that a violation continues shall constitute an additional and separate offense for the purpose of criminal and civil penalties.
(D) Discontinuance of service. The city may discontinue service to a customer upon a determination by the City Manager that the customer violated a provision of this subchapter. Prior to discontinuance of service, the City Manager or his or her designee shall give the customer written notice of the violation and an opportunity to contest the discontinuance of service within 48 hours. However, the City Manager in his or her opinion, reserves the right, when such violation poses an interment threat to the water supply, may waive the 48 hour notice.
(E) Multiple remedies. The city may seek to enforce this subchapter through any appropriate equitable or legal action or through any combination of the remedies set forth in this subchapter.
(F) Appeal. A person who is assessed civil penalties or whose service is discontinued may appeal to the City Council by serving written notice on the City Manager or his designee within ten days of the person being served with a citation or notice of discontinuance. An order of discontinuance is not stayed pending appeal to the board.
(G) Fines. Civil penalties for violations to this subchapter will result in fines as set forth:
Stage I No Fines
Stage II $100
Stage III $250
Stage IV $1,000
(Ord. passed 10-8-02)