(1) Whenever the public works superintendent, or his designee, has reasonable grounds to believe that a person, firm or corporation is using water from a fire hydrant or other public connections without authority, or has otherwise connected to the town water system without authority or is taking water without authority, the superintendent or his designee is authorized to duly find that said person, firm or corporation has committed a civil violation, subject to a civil penalty in the amount of $150.00 per violation per day and then shall issue a notice to said violator which shall contain the following:
(a) The name and address of the person to whom the notice of violation is directed;
(b) The street address where available or legal description sufficient for identification of the building, premises, or land up to which or within which the violation is occurring;
(c) A concise description of the nature of the violation;
(d) A statement of the action required to be taken as determined by the superintendent and a date for correction, which shall be not less than five working days after the date of the notice unless the superintendent has determined the violation is imminently hazardous, in which case immediate compliance shall be required;
(e) A statement assessing a civil penalty in the amount of $150.00 per day against the person to whom the notice is directed for each and every day following the date set for correction, which penalty shall be paid to the town of Cathlamet within 30 days of the date of issuance;
(f) If found appropriate and necessary by the superintendent to avoid violations of this title or other ordinances, there may be separately issued or included with the notice of violation an order to abate describing the violation, stating the action required to be taken and stating a reasonable period of time in which to comply with the ordinance, as determined by the superintendent.
(2) Any notice of civil violation or order to abate may be appealed by the person to whom directed by his/her filing a written notice of appeal as provided by this chapter within 10 working days of the date of the notice or order, and the notice and order shall so advise on its face.
(3) Notice of violation or order to abate shall be served on the person or persons in violation of this chapter either personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested, to the person at his or her last known address. Service by mail shall be deemed completed upon the third day following the day the notice or order is deposited in the mail. Proof of personal service of the notice or order shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the date, time and manner in which service was made.
(4) Any person who has been issued a notice of violation or order to abate pursuant to this chapter who either willfully fails to respond to the notice of civil violation by payment of the civil penalty or willfully fails to abate from the unauthorized use of water from the fire hydrant or other public connection by using the water from same without authority for a second time or more often shall be guilty of a misdemeanor and punishable by up to $5,000 and/or 90 days in jail. (Ord. 550 § 2, 2012)