§ 28-03-038. Fees and penalties for noncompliance.

(a)

Each account holder is responsible for the control and use of water received through the city water meter. Each and every transgression of use of water from this article shall result in a surcharge of:

For the first transgression within any thirty-day period ..... $25.00

For the second transgression within any thirty-day period ..... 50.00

For the third transgression within any thirty-day period ..... 75.00

For each additional transgression within any thirty-day period ..... 100.00

For a fifth or subsequent noncompliance with this article or a flagrant violation, a public safety officer may elect to proceed under paragraph (d) of this section rather than this paragraph.

(b)

Any account holder receiving a surcharge under this section must pay any and all outstanding current charges on the account and then may request a review of the surcharge. The city manager shall establish a procedure for the review, which will include review by multiple individuals. If the review shows that the transgression was clearly caused by events or circumstances beyond or uncontrollable by the account holder, then the city manager may credit the account for the amount of the surcharge.

(c)

Any code enforcement officer, animal control officer, meter reader or public safety officer who witnesses a transgression of this ordinance will leave notice of the observed transgression at the business or residence where the violation takes place. A duplicate of the notice will be given to the utility billing division which will send notice of the transgression to the account holder, should the account holder have a different address than the address where the violation is observed.

(d)

Any person, firm, or corporation violating any provision of this section shall be fined not more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues in accordance with the general violation provisions of the Code of Ordinances.

(Ord. No. 1204, § 2, 6-22-04)