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(A) The town or its water utility will have primary responsibility for monitoring of compliance with the water rationing ordinance.
(B) The following provisions shall govern the implementation of temporary service interruptions:
(1) In order to effectuate compliance with this subchapter, the town is hereby authorized and required to plan and implement temporary service interruption to all or part of its water supply system, as may be deemed appropriate, when any and/or all of the following conditions are determined to exist:
(a) The mandated reduction in system-wide usage has not been achieved;
(b) The mandated reduction in system-wide water usage has been achieved, but has failed to have a significant impact in extending limited water supplies; and/or
(c) Temporary service interruptions are necessary in order to further extend limited and/or dwindling water supplies.
(2) (a) In the event it is determined that temporary service interruptions are necessary, the town shall notify its customers through the public media (newspapers, radio and television), at least one day prior to the temporary service interruptions, that a planned, temporary service interruption is to be imposed. Such notice shall:
1. State the day or days when the planned, temporary service interruption will occur;
2. State the time(s) when such planned, temporary service interruptions will commence and the time(s) such interruption will cease;
3. State whether the planned, temporary service interruptions are to be imposed on the entire system, or part thereof, and, if only part(s) of the system will experience planned, temporary service interruptions, identify geographic boundaries within which such interruptions will occur; and
4. Advise all customers within the areas affected by planned, temporary service interruptions how to treat any water received from the system, for human consumption, during the period(s) of such interruptions and for such additional time as may be necessary until full pressure is restored to the system.
(b) When practical, the town will attempt to notice all residents of such service interruptions by first-class mail.
(3) If a planned, temporary service interruption is imposed as authorized and required by this subchapter, the town must provide for the continued delivery of water to health care facilities within the area(s) affected by such interruptions, by means of any adequate, alternative delivery measures that may be necessary.
(4) If a planned, temporary service interruption is implemented, the town must make provisions, by any means possible, for the continued delivery of such water as may be necessary for the proper operation of sewage collection, treatment, and disposal systems and facilities.
(C) Any residential or non-residential water customer who exceeds the allotments established pursuant to this water rationing will be subject to the following excess-use civil penalties: Excess-use civil penalties will be collected based on the amount by which a customer’s use exceeds the water allotments established pursuant to the local water rationing declaration, computed in accordance with the following schedule:
Excess Usage Per Month Civil Penalty for Excess
| |
First 2,000 gallons or portion thereof | $50 per 1,000 gallons |
Each additional 1,000 gallons, or portion thereof | $100 per 1,000 gallons |
(D) In addition to the excess-use civil penalty, non-compliance with the water rationing provisions of this subchapter will result in the following:
(1) For the first excess use, a warning of possible discontinuation shall be issued to the customer.
(2) For the second or subsequent excess use, service to the customer may be interrupted or shut off for a period not to exceed 48 hours, or, if the customer provides access, a flow restrictor may be installed in the customer’s service line for the duration of the emergency. The cost incurred to interrupt or shut off and reinstate service, or to install and remove a flow restrictor, shall be assessed to the water customer. Before service to an individual may be terminated under this provision, actual notice of the intent to discontinue shall be given, which shall include notice that the customer may appear at designated time and place (within 24 hours) for an informal hearing to show why service should not be discontinued.
(E) Meter reading schedules are authorized to be altered to assure adequate monitoring of compliance with this subchapter.
(F) Any customer or other person aggrieved by a decision or action imposing an excess-use civil penalty or other remedy for non-compliance with the requirements of this subchapter may proceed in accordance with the following provisions: the town shall provide an opportunity for the customer or aggrieved party to rebut the finding of a violation, or provide evidence of circumstances beyond the customer’s control which resulted in the violation. A record of evidence regarding disputed violations shall be kept, and a written notice of the town’s final decision and action in such cases shall be provided to the customer or aggrieved party.
(Ord. O-2008-1, passed 1-3-2008)
Upon the declaration of a water supply shortage, the governing body of the town shall have the power to adopt shortage water rates by ordinance designed to conserve water supplies. Such rates may provide for, but not be limited to:
(A) Higher charges per unit for increasing usage (increasing block rates);
(B) Uniform charges for water usage per unit of use (uniform unit rate);
(C) Extra charges for use in excess of a specified level (excess demand surcharge); or
(D) Discounts for conserving water beyond specific levels.
(Ord. O-2008-1, passed 1-3-2008)
Any person who violates the provisions of this subchapter, who fails to carry out the duties and responsibilities imposed by this subchapter, or who impedes or interferes with any action undertaken or ordered pursuant to this subchapter shall be subject to the following procedures:
(A) If the Mayor, Manager, Water Superintendent, or other municipal official or officials charged with implementation and enforcement of this subchapter or a water supply shortage resolution learns or any violation or any water use restriction imposed pursuant to this subchapter, a written notice of the record shall be affixed to the property where the violation occurred and mailed to the customer of record and to any other person known to the town who is responsible for the violation or its correction. Said notice shall describe the violation and order that it be corrected, cured, or abated immediately or within such specified time as the town determines is reasonable under the circumstances. The order is not complied with in the time specified, the town may terminate water service to the customer subject the following procedures:
(1) The town shall give the customer a second notice accompanied by a $100 fine imposed. The violation is not abated and the fine is not paid within 72 hours, the town shall disconnect water service.
(2) The customer will have the opportunity to appeal the termination by requesting a hearing scheduled before the town governing body or a municipal official designated as a hearing officer by the governing body;
(3) If such a hearing is requested by the customer charged with the violation, he or she shall be given a full opportunity to be heard before termination is ordered; and
(4) The governing body or hearing officer shall make findings of fact and order whether service should continue or be terminated.
(B) A fee of $50 shall be paid for the reconnection of any water service terminated pursuant to division (A). In the event of subsequent violation within a six-month period, the reconnection fee shall be $200 for the second violation and $300 for each additional violation.
(C) Any customers may also be charged with violation of this subchapter and prosecuted in District Court. Any person so charged and found guilty of violating the provisions of this subchapter shall be guilty of a misdemeanor. Each day’s violation shall constitute a separate offense. The penalty for each violation shall be a maximum fine of $100 or imprisonment for not more than 30 days.
(Ord. O-2008-1, passed 1-3-2008)
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