13.40.080 Violations – Disconnections – Penalties.
(1) If the mayor, public works superintendent, or other town official or officials charged with implementation and enforcement of this chapter or a water supply emergency resolution or ordinance learn of any violation of any water use restrictions imposed pursuant to CMC 13.40.050 and 13.40.070, a written notice of the violation shall be affixed to the property where the violation occurred and the customer of record and any other person known to the town who is responsible for the violation or its correction shall be provided with either actual or mailed notice. The notice shall describe the violation and the order that it be corrected, cured or abated immediately or within such specified time as the town determines is reasonable under the circumstances. If the order is not complied with, the town may terminate water service to the customer subject to the following procedures:
(a) The town shall give the customer notice by mail or actual notice that the water service will be discontinued within a specified time due to the violation and that the customer will have the opportunity to appeal the termination by requesting a hearing scheduled before the town governing body or a town 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 a full opportunity to be heard before termination is ordered; and
(c) A fee of $50.00 shall be paid for the reconnection of any water service terminated pursuant to this subsection (1). In the event of subsequent violations, the reconnection fee shall be $200.00 for the second violation and $300.00 for any additional violations.
(2) Violation of this chapter shall be an infraction and may be prosecuted in municipal court. Each day’s violation shall constitute a separate infraction. The penalty for an initial violation shall be a mandatory fine of $150.00. The penalty for a second or subsequent conviction shall be a mandatory fine of $300.00.
(3) The criminal and civil penalties above described are nonexclusive. They need not be used in conjunction with each other, and their enumeration herein shall not prevent the town from taking advantage of any other remedy to which it may be entitled. (Ord. 550 § 2, 2012)