A. Misdemeanor. Any violation of this chapter may be prosecuted as a misdemeanor punishable by imprisonment in the county jail for not more than thirty days, or by fine not exceeding one thousand dollars or both, under the provisions of Chapter 1.16 of the Signal Hill Municipal Code.
B. Civil Penalties. Civil penalties for failure to comply with any provisions of the chapter shall be as follows:
1. First Violation. The city will issue a written warning and deliver a copy of this chapter by certified mail. Such notice shall refer to the code section(s) violated and facts supporting the issuance of notice of violation.
2. Second Violation. A second violation within a twelve-month period is punishable by a fine not to exceed one hundred dollars. Such notice shall refer to the code section(s) violated and facts supporting the issuance of notice of violation. The correction notice shall also describe the action(s) necessary to correct the violation and state the final date by which the correction must be completed and inform the offender that he or she is subject to a fine if the correction is not made by that date.
3. Third Violation. A third violation within a twelve-month period is punishable by a fine not to exceed two hundred and fifty. Such notice shall refer to the code section(s) violated and facts supporting the issuance of notice of violation. The correction notice shall also describe the action(s) necessary to correct the violation and state the final date by which the correction must be completed and inform the offender that he or she is subject to a greater fine if the correction is not made by that date.
4. Fourth and Subsequent Violation. A fourth and any subsequent violation within a twelve-month period is punishable by a fine not to exceed five hundred. Such notice shall refer to the code section(s) violated and facts supporting the issuance of notice of violation. The correction notice shall also describe the action(s) necessary to correct the violation and state the final date by which the correction must be completed and inform the offender that he or she is subject to (1), (2) and 13.03.100(C) if the correction is not made by that date.
a. Water Flow Restrictor. In addition to any fines, the city may install a water flow restrictor device of approximately one gallon per minute capacity for services up to one and one-half inch size and comparatively sized restrictors for larger services after written notice of intent to install a flow restrictor for a minimum of forty eight hours.
b. Discontinuing of Service. In addition to any fines and the installation of a water flow restrictor, the city may disconnect and/or terminate a water customer's water service for willful violation of mandatory restrictions in this chapter.
C. Cost of Flow Restrictor and Disconnecting Service. A person or entity that violates this chapter is responsible for payment of the city's charges for installing and/or removing any flow restricting device and for disconnecting and/or reconnecting service per the city's schedule of charges in effect. The charge for installing and/or removing any flow restrictor device shall be paid to the city before the device is removed. Nonpayment shall be subject to the same remedies as nonpayment of basic water rates.
D. Separate Offenses. Each day that a violation of this chapter occurs is a separate offense.
E. Notice and Hearing.
1. The city shall issue a notice of violation by mail or personal delivery at least fifteen calendar days before taking enforcement action and said notice shall describe the action to be taken. A customer may appeal the notice of violation by filing a written notice of appeal with the city no later than the close of business on the day before the date scheduled for enforcement action. Any notice of violation not timely appealed shall be final. Upon receipt of a timely appeal, a hearing on the appeal shall be scheduled in a timely manner, and the city shall mail written notice of the hearing to the customer at least fifteen calendar days before the date of the said hearing.
2. Pending receipt or a written appeal or pending a hearing pursuant to an appeal, the city may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water level condition.
(Ord. 2015-09-1478 § 3 (part); Ord. 2009-04-1399 § 1 (part))