§ 52.33 BACKFLOW AND CROSS-CONNECTION PREVENTION; VIOLATIONS, PENALTIES, AND APPEALS.

   (A)   The Department of Utilities shall deny, discontinue or impose a fine of $100 per day, with every day considered a new violation, for any water service to said premises. The Department of Utilities on a case-by-case basis, considering completion of premises cross-connection surveys, will determine whether to impose a fine or discontinuation of said service. These penalties will be imposed on the water service to any premises wherein:

      (1)   Any backflow prevention device required by §§ 52.30 through 52.33 is not installed, tested or maintained in a manner acceptable to the Department of Utilities.

      (2)   It is discovered that the backflow prevention device has been removed or by-passed.

      (3)   An unprotected cross-connection exists on the premises.

      (4)   The Department of Utilities is denied entry to determine compliance with these regulations.

      (5)   If the cross-connection survey is not completed and returned to the Department of Utilities within 14 days after postmarking.

   (B)   The authorized representative shall have the authority to issue any order consistent with the provisions of this policy in order to protect the public health and safety. Any order of the Department of Utilities shall clearly state the nature of the order, compliance requirements and set a reasonable date by which compliance must be met.

   (C)   The Board of Public Works is hereby appointed as a hearing board to hear differences between the authorized representative and the consumer on matters concerning interpretation and execution of the provisions of §§ 52.30 through 52.33 by the authorized representative. Any consumer aggrieved by being required to pay the expense of installing, furnishing, testing, and/or maintaining a backflow prevention device may, within ten days of the act or event causing the grievance, file a written notice of appeal with the Department of Utilities. The Board of Public Works shall hear all appeals and shall have the power and authority, when appealed to, to modify the decision or order of the authorized representative. The decision shall be final, subject only to any remedy which the aggrieved party may have at law or equity. Appeals shall be in writing and shall state the reason for the appeal.

   (D)   In addition, any violation of §§ 52.30, 52.31, or 52.32 may be punished pursuant to the provisions of § 52.99.

(1972 Code, § 3-432) (Ord. 878, passed 5-6-1997; Ord. 2012-03, passed 4-3-2012)