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(A) Compliance with the provisions of this chapter shall be enforced by personnel of the Town Public Works Department, hereinafter referred to as “WPW”, independent contractors engaged by WPW for such purpose, and such other personnel as designated by the Town Manager.
(B) The use of water from the town water system by a customer in violation of any mandatory water conservation control imposed pursuant to this chapter is unlawful. For purposes of this chapter, the term CUSTOMER shall mean any person or entity in whose name the town maintains an account for water use. Further, the refusal or failure of a customer or other person acting on the customer’s behalf to cease immediately a violation of a water conservation control, after being directed to do so by a person authorized to enforce the provisions of this chapter, is unlawful. Each customer is responsible for any use of water that passes through the service connection associated with the customer’s account or otherwise passes through the customer’s private water system.
(C) Any customer who violates or permits the violation of any mandatory water conservation control imposed pursuant to this chapter shall be subject to civil penalties as follows:
(1) A warning for the first offense;
(2) A civil penalty in the amount of $1 for the second offense; and
(3) A civil penalty in the amount of $500 for the third and subsequent offenses. Each day that a violation of a mandatory water conservation control occurs shall be considered to be a separate and distinct offense.
(D) Violations shall be accumulated by customers so long as this chapter, in any of its stages, is continuously in effect and until no stage of this chapter has been in effect for a period of one calendar year. Violations of any mandatory water conservation control of any stage shall accumulate with violations of other stages. Should a customer move, or cease and renew service, during the period described herein, the customer’s violations shall continue to accumulate as if such move or cessation had not occurred.
(E) Each civil penalty assessed against a customer pursuant to this chapter shall be added to the customer’s water bill and shall be paid in the same manner as the payment of water bills. A customer’s partial payment of a water bill shall be applied first to satisfaction of the civil penalties. Failure to pay all or any portion of a water bill, including any civil penalty assessed pursuant to this chapter, in a timely manner may result in the termination of water service.
(F) The violation of any water conservation control or provision of this chapter may be enforced by all remedies authorized by law for noncompliance with town ordinances, including, without limitation, the assessment of a civil penalty and action for injunction, order of abatement or other equitable relief; provided, however, that no violation of any water conservation control or provision of this chapter shall be a basis for imposing any criminal remedy.
(Ord. passed 9-16-2008)
(A) In addition to the payment of any civil penalty assessed pursuant to § 52.08, a customer shall be subject to termination or restriction of water service following four or more violations of any water conservation control imposed pursuant to this chapter. Water service will not be restored at such service connection until the customer agrees to such terms as determined by the Director to be reasonably necessary or advisable to ensure the customer’s compliance with such water conservation controls as are then in effect or may be imposed pursuant to this chapter and the payment of all the customer’s obligations, including, without limitation, all outstanding charges for water service, civil penalties and all other fees, amounts and penalties charged in accordance with the provisions of this chapter. If a customer violates such a term or condition, the customer shall be subject to a civil penalty of up to $1,000 in addition to any other remedy authorized pursuant to this chapter and termination of water service through such service connection for up to a minimum period of 15 days. Service may be restored thereafter in accordance with the provisions of this section.
(B) A customer whose water service is terminated pursuant to this section shall not be entitled to notice and an opportunity for a hearing in advance of such termination. Although service of notice and an opportunity for hearing are not conditions precedent to termination of service, WPW will endeavor to provide such notice as soon as reasonably practicable after a decision is made to terminate such service. A customer whose service is terminated pursuant to this section or who receives notice of such a termination shall have five calendar days after termination of service or receipt of notice of termination, whichever is later, to appeal such termination to the Director, or his or her designee, by delivering a written notice of appeal. A hearing shall be held on such appeal within three business days of receipt of the notice of appeal, or by such other date as approved by the Director, or his or her designee, and the customer.
(Ord. passed 9-16-2008)
The following shall apply at all times to the outdoor sprinkling of lawns, shrubbery, trees, flowers, gardens and other outside irrigation systems. By July 1, 2009, all irrigation systems equipped with a timer shall be equipped with rain sensors as approved by WPW. Rain sensors shall be activated to prevent the system from operating after one-fourth inch of rain has fallen.
(Ord. passed 9-16-2008)
(A) This chapter originally became effective on August 12, 2002. It was subsequently amended and restated effective on the following date: September 16, 2008.
(B) This second amendment and restatement of this chapter shall become effective upon adoption by the Board of Commissioners on September 16, 2008 (the effective date). This chapter is restated in this manner solely to facilitate review by the reader by obviating the need to integrate multiple documents. Any declaration of a water shortage condition made prior to the effective date and not rescinded shall remain in full force and effect. Though amended, this chapter shall be deemed to be continuously in effect such that enforcement of violations committed prior to the effective date shall continue unaffected.
(Ord. passed 9-16-2008)