(A) If any customer of the county fails to comply with the mandatory water use restrictions of this plan or other declared restrictions deemed necessary by County Council, the customer shall be given a written notice of such failure to comply which cites the date and circumstances of the violation and specifying that the customer shall be assessed surcharges in accordance with the following schedule:
(1) Residential surcharges:
(a) First violation - $50, issued as a surcharge added to the customer's utility bill.
(b) Second violation - $100, issued as a surcharge added to the customer's utility bill.
(c) Third violation - the customer's water service shall be terminated and restored only after payment of a surcharge in the amount of $150 in addition to all previously assessed surcharges.
(2) Office, commercial and industrial surcharges.
(a) First violation - $100, issued as a surcharge added to the customer's utility bill.
(b) Second violation - $200, issued as a surcharge added to the customer's utility bill.
(c) Third violation - the customer's water service shall be terminated and restored only after payment of a surcharge in the amount of $300 in addition to all previously assessed surcharges.
(B) The County Council authorizes all designated law enforcement agencies and other authorized agencies or designated employees in the respective jurisdiction which is being supplied water by the county to diligently enforce the provisions of the drought response plan.
(C) Whenever a notice of failure to comply is served upon a customer by a public officer, the aggrieved individual, industrial, commercial or institutional entity customer shall be entitled to request, in writing, a request for hearing within 15 days of receipt of the notice. The request shall be filed with the public official or the public official's agent at the address located upon the notice within the 15-day period. The date of the postmark, if mailed, or the date the request for hearing is actually hand-delivered, if not mailed, whichever is earlier, shall be the date utilized to calculate timeliness of the filing of the written request for a hearing.
(D) Failure to request a hearing shall be a waiver of the customer's administrative remedies thereby subjecting the customer to the penalty set forth within the notice of failure to comply and corresponding to the above-stated schedule.
(E) Upon receipt of the request, the public official or his or her designated agent shall set a date, time, and place for hearing not less than ten days or more than 30 days after the receipt of the request. The customer shall be given the right to appear in person or otherwise and give testimony at the place and time set within the notice of hearing. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer.
(F) Any person affected by a decision, ruling, or order by the public officer may within 30 days after the service of the decision/ruling/order, petition the circuit court for review of the decision. A request for judicial review shall not stay the imposition of the surcharge; however, should the circuit court reverse the public official and the imposition of the surcharge, the surcharge will be credited to the customer upon the next available utility billing cycle.
(G) Hearings shall be had by the court on such petitions within 20 days or as soon thereafter as possible and shall be given preference over other matters on the court's calendar. The court shall hear and determine the issues raised and shall enter such final order or decree as law and justice may require. In all such proceedings, the findings of the public officer as to facts, if supported by evidence, shall be conclusive. Costs shall be in the discretion of the court. The remedies herein provided shall be exclusive remedies and no person affected by any decision, ruling, or order of the public officer shall be entitled to recover any damages for action taken pursuant to any decision/ruling/order of the public officer or because of compliance, by such persons with any decision/ruling/order of the public officer.
(Ord. 104, passed 1-20-04; Am. Ord. 7208, passed 11-3-08)