A. The following penalties are imposed for violation of any of the provisions of sections 13.04.850 through 13.04.880. Any violations occurring on separate calendar days are separate violations.
1. First violation during a 12-month period: A written warning describing the violation and the penalties for subsequent violations shall be issued to the owner and the occupant (if different than the owner) of the premises where the violation occurred. The warning also may include information regarding services offered by the department to promote water conservation and efficient water use, including the department's "water wise house call" program.
2. Second violation during a 12-month period: A written notice of violation describing the violation and the penalty shall be issued to the owner and the occupant (if different than the owner) of the premises where the violation occurred. A penalty of $25 shall be imposed, but this penalty shall be removed from the water service bill for the premises if, within 60 days after the date of the penalty notice, the owner, or the occupant (if different than the owner, and the occupant committed the violation), either attends a water conservation seminar offered by the department or other departmentapproved entity or requests and accepts a water wise house call from the department; provided that only one removal of this penalty shall be allowed for the premises within any 24 month period.
3. Third violation during a 12-month period: A written notice of violation describing the violation and the penalty shall be issued to the owner and the occupant (if different than the owner) of the premises where the violation occurred. A penalty of $100 shall be imposed.
4. Fourth violation and any successive violations during any 12-month period: A written notice of violation describing the violation and the penalty shall be issued to the owner and the occupant (if different than the owner) of the premises where the violation occurred. A penalty of $500 shall be imposed.
B. The director may waive and remove from the water service bill any penalty imposed pursuant to subsection A if, within 120 days after the date of the penalty notice, the owner of the premises where the violation occurred participates in one or more of the department's programs that provide incentives to remove turf grass, upgrade irrigation systems, or install smart controllers.
C. The written notices specified in subsection A shall provide notice of the right to appeal pursuant to section 13.04.900 and shall specify the address where the notice of appeal shall be filed.
D. The penalties specified in subsection A shall be imposed on the owner of the premises where the violation occurs regardless of who committed the violation. After the notice of violation is issued, the penalty amount shall be included on the water service bill for the premises and shall be collected in accordance with chapter 13.12, subject to subsections A.2 and B of this section and section 13.04.900.E. All penalties collected shall be used by the department to fund water conservation programs.
E. Upon declaration of a water shortage by the city council, as specified in section 13.04.910, the penalty amounts specified in subsection A are doubled while the water shortage remains in effect.
G. The foregoing provisions are cumulative and in addition to any other remedies or penalties authorized or imposed under any other provision of this code, including, but not limited to, section 13.04.270, or any other applicable law or regulation. The provisions of this article may be enforced by the department or by the community development department.
H. Second, third, and fourth notices of violation shall not be issued before March 1, 2018. (Ord. 2017-0062 § 5; Ord. 2017-0045 § 4; Ord. 2015-0011 § 9; Ord. 2009-050 § 1; Ord. 2009-026 § 1)