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Upon the declaration of a water supply emergency as provided in subsection 8-2A-4C of this article, the governing body of the city shall have the power to adopt emergency water rates by ordinance designed to conserve water supplies. Such emergency rates may provide for, but are not limited to:
A. Higher charges for increasing usage per unit of use (increasing block rates);
B. Uniform charges for water usage per unit of use (uniform unit rate); or
C. Extra charges in excess of a specified level of water use (excess demand surcharge). (Ord. 1155, 7-21-2014)
During the effective period of any water supply emergency as provided for in subsection 8-2A-4C of this article, the mayor (or city manager or public works superintendent or other authorized city official) is empowered to promulgate such regulations as may be necessary to carry out the provisions of this article, any water supply emergency resolution, or emergency water rate ordinance. Such regulations shall be subject to the approval of the governing body at its next regular or special meeting. (Ord. 1155, 7-21-2014)
A. If the mayor, public works superintendent, or other authorized city official or officials charged with implementation and enforcement of this article or a water supply emergency resolution learn of any violation of any water use restrictions imposed pursuant to section 8-2A-6 or 8-2A-8 of this article, a written notice of the violation shall be affixed to the property where the violation occurred and the customer of record and/or any other person known to the city to be responsible for the violation and/or the correction of said violation shall be provided with either actual or mailed notice. Said notice shall describe the violation(s) and order that the noted violation(s) be corrected, cured or abated immediately or within such specified time as the city determines is reasonable for such correction, cure or abatement under the circumstances. In the event the order is not cured within the time period given in the notice, the city may terminate water service to the customer subject to the following procedures:
1. The city shall give the customer notice by mail or actual notice that water service will be discontinued within a specified time due to the violation(s) and that the customer will have the opportunity to appeal the termination by requesting a hearing scheduled before the city governing body or a city official designated as a hearing officer by the city governing body;
2. If such a hearing is requested by the customer charged with the violation, the customer shall be given a full opportunity to be heard by the city governing body or the city official designated as a hearing officer by the city governing body before termination is ordered; and
3. The city governing body or the city official designated as a hearing officer by the city governing body 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 of this section. In the event of subsequent violations, the reconnection fee shall be one hundred dollars ($100.00) for the second reconnection and one hundred dollars ($100.00) for any subsequent additional reconnections within a two (2) year period.
C. Violations of this article shall be a municipal offense and may be prosecuted in municipal court. Any person so charged and found guilty in municipal court of violating the provisions of this article shall be guilty of a municipal offense. Each calendar day in which a violation is observed shall constitute a separate offense. The penalty for an initial violation shall be a mandatory fine of one hundred dollars ($100.00). 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 the court and which shall not exceed five (5) days. The penalty for a second or subsequent conviction shall be a mandatory fine of two hundred dollars ($200.00). 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 ten (10) days. (Ord. 1155, 7-21-2014)
Nothing in this article shall limit the ability of any properly authorized city official from terminating the supply of water to any or all customers upon the determination of such city official that emergency termination of water service is required to protect the health and safety of the public or for any other emergency as required or authorized by ordinance or as deemed a necessity of the city by such city official or the governing body of the city. (Ord. 1155, 7-21-2014)