§ 52.036 REMEDIES OF THE CITY AND PENALTIES FOR VIOLATION.

   (A)   Disconnection of water supply.

      (1)   If the Director of Public Works or his or her designee determines that the public water system is being contaminated, he or she shall have the power to shut off the supply of public water to the offending premises after giving written notice to the owner or custodian of the property and an opportunity to be heard in his or her defense. If the Director determines that the contamination creates an immediate threat to the health of persons using the public water supply system, he or she may immediately and without notice disconnect the water supply and immediately thereafter give written notice to the owner or custodian of the property affording him or her an opportunity to be heard within 24 hours if the 24 hours falls on a regular weekday, or on the following Monday if it falls on a weekend.

      (2)   Neither the Director nor his or her designee shall be liable to any customer for any injury or damage that may result from the disconnection of the water supply.

      (3)   Water service shall not be restored until the owner or custodian of the property has corrected or eliminated the condition or defect and the public water supply system has been inspected and the correction approved by the Director of Public Works or his or her designee.

   (B)   Costs of correction and cleanup. The owner or custodian of the property shall bear the cost of correction and cleanup of the potable water supply.

   (C)   Reinstatement of service. If service is disconnected, it shall not be restored unless a reinstatement fee of $100 has been paid and adequate provisions have been made for the payment of costs, fines and expenses of abatement or cleanup.

   (D)   Abatement.

      (1)   If the Director of Public Works or his or her designee shall determine that there is no immediate danger to the health of persons using the public water supply system, he or she shall give the owner or custodian of the property written notice of the violation and a reasonable time to correct it.

      (2)   If the owner or custodian fails or refuses to correct the violation, the Director or his or her designee shall make the connection, in which event the costs thereof plus the cost of cleanup of the potable water supply shall be a lien upon the property pursuant to §§ 51.17 and 51.18.

   (E)   Fine. Any person violating any of the provisions of this subchapter shall be fined as set forth in § 52.999. This penalty may be invoked as an alternative to, or as an addition to, any other penalties provided for in §§ 51.17 and 51.18.

(1986 Code, § 20-57) (Ord. 1994-33, passed 11-9-1994; Ord. 1995-16, passed 5-16-1995; Ord. 2007-21, passed 12-3-2007)