(A) Any person who violates the provisions of this chapter, who fails to carry out the duties and responsibilities imposed by this chapter, or who impedes or interferes with any action undertaken or ordered pursuant to this chapter shall be subject to the following penalties.
(1) If the County Manager, Director of Public Utilities, or other county official or officials charged with implementation and enforcement of this chapter or a water supply shortage resolution learns of any violation of any water use restriction imposed pursuant to this chapter, a written notice of the record shall be affixed to the property where the violation occurred and mailed to the customer and to any other person known to the county who is responsible for the violation or its correction. Said notice shall describe the violation and order that is to be corrected, cured, or abated immediately or within such specified time as the county determines is reasonable under the circumstances. If the order is not complied with, the county may terminate water service to the customer subject the following procedures:
(a) The county shall give the customer notice by mail that, due to the violation, water services will be discontinued within a specified time and that the customer will have the opportunity to appeal the termination by requesting a hearing to be scheduled before the county’s governing body or a county official designated as a hearing officer by the governing body;
(b) If such a hearing is requested by the customer charged with the violation, he or she shall be given full opportunity to be heard before termination is ordered; and
(c) The governing body or hearing officer shall make findings of fact and order whether service should continue or be terminated.
(2) A fee of $100 shall be paid for the reconnection of any water service terminated pursuant to division (A)(1) above. In the event of subsequent violation(s) the reconnection fee shall be $200 for the second violation, and $300 for each additional violation.
(3) Any customer may also be charged with any willful violation of this chapter and prosecuted in District Court. Any person so charged and found guilty of violating the provisions of this chapter shall be guilty of a misdemeanor. Each day’s violation shall constitute a separate offense. The penalty for violation shall be a maximum fine of $100 and/or imprisonment for not more than 30 days.
(B) Any residential or nonresidential water customer who exceeds the allotments established pursuant to this water rationing will be subject to the following penalty: an administrative fine not to exceed $100 will be assessed per violation if a customer’s water use exceeds the water allotments established pursuant to the local water rationing declaration schedule.
(C) In addition to or in lieu of criminal prosecution, violation of this chapter may subject the offender to civil penalties in the amounts provided or otherwise an amount of $50 per day, collectible in a civil action in the nature of debt.
(Ord. passed - -2007)