[HISTORY: Adopted by the City Council of
the City of Colonial Heights 4-8-1975 by Ch. 23 of the 1975 Code.
Amendments noted where applicable.][1]
CHARTER REFERENCES
Department of Public Utilities — See Ch. 13.
Department of Public Health — See
Ch. 14.
GENERAL REFERENCES
Building construction — See Ch. 109.
Drainage — See Ch. 121.
Health and sanitation — See Ch. 153.
Sewers and sewage disposal — See Ch. 238.
Streets and sidewalks — See Ch. 247.
Subdivision of land — See Ch. 250.
Zoning — See Ch. 286.
[1]
Editor's Note: For provisions regarding the
powers of the City relative to waterworks generally, see Code of Virginia,
§ 15.2-2109. As to public water supply generally, see Code
of Virginia, § 32.1-167 et seq.
[Amended 8-11-1998 by Ord. No. 98-19]
The Department of Public Works shall have general
management and control of the City waterworks and the properties appertaining
thereto, and in connection therewith the Director of Public Works
shall have authority to appoint such assistants and employees as he
may deem necessary for the operation and maintenance of the City waterworks
and to remove such assistants and employees at any time.
[Amended 8-12-1980 by Ord. No. 80-51; 5-9-1984 by Ord. No. 84-21]
A.
Wherever in the City a property abuts in any manner
upon any street, alley or easement along which runs a water line available
for public use, the improvements on such property shall be connected
to such line. Wherever in the City a property abuts in any manner
upon any street, alley or easement along which runs only a water line
available for public use, homes or places of business on such property
shall use water from such line, and the well, if such exists on such
property, shall be condemned and closed at the owner's expense, provided
that systems fed by wells may be used on such property, provided that
such system shall not be reasonably susceptible to use for obtaining
water for human consumption or used for such purpose, that the water
from such system shall not be returned to the sanitary sewer system,
that such system shall have no interior faucets and no cross connections
with the City system and that a special revocable permit is granted
by the City Manager.
B.
Permits shall be denied or revoked upon a reasonable
finding by the City Manager that they constitute a threat to the public
health, safety or welfare. In reviewing permit applications, the City
Manager shall give consideration to the extent to which treated water
would be detrimental to the practicable uses of the proposed systems.
Permit denials or revocations shall be subject to appeal to City Council.
[Added 10-8-1985 by Ord. No. 85-20; amended 8-11-1998 by Ord. No. 98-19]
A.
The owner of any private water system serving areas
entirely beyond the corporation limits of the City may contract, by
written agreement approved by the City Attorney as to form, with the
Department of Public Works for the supply of water from the City system
on the same terms and conditions as persons within the City, except
that such contract shall provide that:
(1)
Users beyond the corporation limits shall constitute
a separate class of customers for the purposes of rate setting and
regulation and that as such service to them may be restricted or discontinued
by the City Manager by reason of emergency or any other reasonable
cause in a manner different from that imposed upon users within the
City. The causes for such restriction or discontinuation shall include
but not be limited to a shortage of water available to the system
within the City. The City shall not be liable for any temporary accidental
disruption of service.
(2)
Such contracts may be canceled by the City, with 60
days' written notice to the owners of the private system, when it
is determined by the City Manager, in his sole discretion, that the
water available to the City system is or in the near future will be
sufficient to serve only users within the city.
(3)
Such contracts shall be contingent upon the lack of
availability of public water service by the jurisdiction in which
the private system is located and upon the continuing approval of
all legally competent authorities, including said jurisdiction.
(4)
At all points beyond the service connection between
the private system and the City system, all facilities, licenses,
easements, rights-of-way and other permits or property, real or personal,
involved with the private system shall remain the property of the
owners of the private system and that all costs involved in developing
and maintaining such facilities shall be borne by the owners of the
private system. Said owners shall also hold the City of Colonial Heights
harmless from any liability associated with the operation of said
private system, to the fullest extent permissible by law, and may
be required to provide adequate financial security. The owner of the
system shall bear responsibility for maintaining water quality at
all points within the private system.
(5)
Said private system shall comply with all relevant
provisions of law, including the standards imposed by this chapter
and those lawfully promulgated by the Department of Public Works.
Such standards specifically shall include but not be limited to those
regulating the metering of units and interconnection between the private
water system and other sources of water. The City shall have the right
to inspect said private system to guarantee compliance with said standards.
(6)
Said private system shall not be extended, nor shall
new connections be made to it, without the approval of the Director
of Public Works and that in no case shall said system be designed,
constructed or modified to serve a public or governmental purpose
without the approval of City Council.
B.
In no instance shall any such contract require the
extension or modification of the system within the City at City expense
without a finding by the City Manager, in his sole discretion, that
said extension or modification was primarily for the improvement of
service to users within the City.
[Amended 6-10-1980 by Ord. No. 80-33; 5-8-1990 by Ord. No. 90-10; 8-11-1998 by Ord. No. 98-19; 5-13-2003 by Ord. No. 03-12[1]]
The following rules and regulations for the
government of water users and others are hereby adopted and established:
A.
Application for use of water; connection permit. Every
person desiring a supply of water must make application therefor to
the City Manager, or his designee, upon such form as may be prescribed
by the City Manager, or his designee, and provided for that purpose.
The application must state fully and truly all the uses to which the
water is to be applied, and no different or additional use will be
allowed except upon proper application being made therefor. The permit
for the connection to the service pipes or water mains shall be issued
by the City Manager, or his designee, to the applicant upon the condition
that some duly licensed plumber shall be employed by the applicant
to make such connection.
[Amended 3-10-2015 by Ord. No. 15-4]
B.
Number and size of water taps or connections.
[Amended 3-10-2015 by Ord. No. 15-4]
(1)
On and after the effective date of this chapter, except as hereinafter
provided, a separate water tap or meter connection shall be made or
provided for each separate business, store building, commercial unit,
and residential dwelling unit, regardless of the type of residential
dwelling unit.
(2)
Duplexes shall be deemed to constitute two separate dwelling units,
and each dwelling unit thereof shall be separately or independently
connected with or supplied by a separate water tap or meter connection.
(3)
The number of water taps or meter connections to buildings, structures
or premises used for any other purpose shall be prescribed by the
City Engineer and subject to the approval of the City Manager.
(4)
The size of each water tap or meter connection required hereunder
shall be prescribed by the City Engineer and subject to the approval
of the City Manager.
C.
City service connection. The City shall furnish, lay
and maintain all connections from the water mains up to and including
the meters, meter box or stopcock at the curbline.
D.
Turning on water. Water shall not be turned on in
any house or private service until a turn-on fee of $25 has been paid
by new users and except by the order of the Department of Public Works
or the City Manager. This rule shall not be construed to prohibit
plumbers from turning water into such pipes to test the same or for
purposes of testing the plumbing connected thereto.
[Amended 7-10-2018 by Ord. No. 18-22]
E.
Use of water by other than authorized customers. No
authorized consumer shall supply City water to unauthorized water
users or allow them to take water off their premises. Nothing in this
subsection shall, however, prevent the occupant of any house or premises
supplied with City water from having, when his hydrant or connection
is out of order, the use of water from another house or premises,
with the permission of the occupant thereof, or to prevent any person
from taking City water to extinguish fire or in case of an emergency.
F.
Meters; use; City to furnish. All water furnished
by the City shall be measured by meters furnished by the City for
that purpose.
G.
Testing of meters generally. Any consumer may require
his meter to be tested by depositing with the City Treasurer a fee
of $15. Should the meter register 2% or more overcharge, the consumer
shall have his deposit for testing the meter returned to him.
H.
Refunds for meters registering errors in favor of
City. Whenever a meter is found to have an average error in registration
exceeding 2%, an adjustment shall be made between the City and the
consumer on the basis of the error found, covering a period equal
to 1/2 of the time elapsed since the last previous test, but
in no case shall this period exceed three months.
I.
Measurement of water where meter fails to register.
In the event that the metering equipment is found to be out of order
or fails to register for a certain period, the amount of water consumed
shall be estimated, using as a basis the amount consumed during a
similar period and under comparable conditions.
J.
Deposits and guaranties. Each applicant for water
service who rents or leases real property may be required to furnish
the Director of Finance with a security deposit of $150 to help insure
payment for the water expected to be consumed, and if so required,
the City shall not be bound to supply water until these conditions
are fulfilled and may cut off the supply if such security or deposit
is not given when demanded. On discontinuance of water service charges,
such deposit less the amount of any unpaid water service charges,
shall be refunded to the depositor upon application.
[Amended 6-14-2016 by Ord. No. 16-20; 7-10-2018 by Ord. No. 18-22]
K.
Cutting off water to unoccupied premises; reconnections.
Water service may be severed upon notice to the City Manager, or his
designee, whenever the premises are to be unoccupied and may be connected
upon the payment of $10 for cutting off and turning on the water.
[Amended 3-10-2015 by Ord. No. 15-4]
[1]
Editor's Note: This ordinance stated that
it would be in effect on and after 7-1-2003.
[Added 5-13-2003 by Ord. No. 03-12; amended 6-11-2019 by Ord. No. 19-14]
A.
When
a consumer willfully takes steps to reactivate service after service
has been initially discontinued by the City for nonpayment of any
charge owed the City, and the City is required to take some other
action to discontinue service again, such person shall pay a charge
of $50 for said unauthorized use of water and prior to service being
restored. Further attempts to reactivate service that requires the
City to take other action, including, but not limited to, the removal
of the meter, will result in an additional charge of $100.
B.
Notwithstanding the provisions of Subsection A of this section, once the Director of Emergency Services declares a City disaster pursuant to City Code § 27-10, the City Manager is authorized to discontinue the imposition of the 8% penalty, the $10 charge, and the $50 administrative fee referred to in Subsection A during the declared disaster and for up to 30 days after the end of the declared disaster.
[Added 4-21-2020 by Ord.
No. 20-11]
[Amended 6-10-1980 by Ord. No. 80-34; 8-11-1998 by Ord. No. 98-19]
The rules and regulations set out in the § 277-4 shall be considered a part of the contract with every person who is supplied with water through the waterworks system of the city, and every such person, by taking water, shall be considered to express his assent to be bound thereby. When any of such rules and regulations are violated, or such others as the City Council may from time to time adopt, the water may be cut off from the building or place of such violation and shall not be turned on again except by the order of the Director of Public Works, and then only after the payment of the sum of $10 to cover the cost of shutting off the water and turning it on again. In case of such violation, the Director of Public Works shall have the right to declare forfeited any payment made for water by the person committing or permitting such violation.
[Amended 6-10-1980 by Ord. No. 80-35; 6-12-1984 by Ord. No. 84-32; 11-10-1987 by Ord. No.
87-31; 3-8-1998 by Ord. No. 87-31A; 5-9-1989 by Ord. No. 89-24; 8-11-1998 by Ord. No. 98-19; 5-8-2001 by Ord. No. 01-13; 9-10-2002 by Ord. No. 02-31; 1-10-2006 by Ord. No. 05-29]
A.
All connections made with or into any lines or any
water mains or pipes under the control of the City shall be made under
the supervision of the Director of Public Works and/or the Building
Official, and no such connection shall be made without a permit to
do so being first obtained.
B.
Every person tapping into and connecting with the
water mains so provided under this section, except as otherwise provided,
shall pay into the City treasury connection fees according to the
following schedule:
[Amended 3-10-2015 by Ord. No. 15-4]
|
Type
|
Fee
|
|---|---|
|
Single-family detached houses
|
$2,000
|
|
Apartments, Townhouses, Attached Condominiums,
Quadruplexes & Duplexes (owner occupied or tenant occupied),
per unit
|
$2,000
|
|
Motel/hotel, per room
|
$700
|
|
Hospital, per bed
|
$1,500
|
|
Nursing home, per bed
|
$750
|
C.
Any commercial or industrial user tapping into and
connecting with the water mains so provided under this section shall
pay into the City treasury connection fees according to the following
schedule:
|
Size of Meter
(inches)
|
Fee
|
|---|---|
|
5/8
|
$2,000
|
|
1
|
$3,500
|
|
1 1/2
|
$7,000
|
|
2
|
$12,000
|
|
3
|
$23,000
|
|
4
|
$37,000
|
|
6
|
$73,000
|
|
8
|
$117,000
|
D.
All persons occupying property in the City which is
connected with the water system of the City and all persons who are
required by law or ordinance to connect with such water system shall
hereafter be required to connect to a water meter, which shall be
installed, owned and controlled by the City.
E.
The following is a definition of the materials to
be furnished by the City in making water taps in accordance with this
section: In making water taps, the City shall make the tap, furnishing
corporation cock when necessary, lead goose neck, lead to iron coupling
and curb cock to meter, but no other pipe. Pipe shall be supplied
by the water taker or the water taker's plumber and must be a good
quality three-fourths-inch Type K copper pipe, or larger sizes when
necessary. Such pipe shall not be covered up until tested and inspected
by the City Building Inspector.
[Amended 6-22-1976 by Ord. No. 76-22; 6-12-1984 by Ord. No. 84-32]
[Amended 11-9-1977 by Ord. No. 77-44; 6-10-1980 by Ord. No. 80-36; 7-8-1980 by Ord. No. 80-37; 5-8-1990 by Ord. No. 90-11; 8-11-1998 by Ord. No. 98-19; 6-14-2016 by Ord. No.
16-20; 7-10-2018 by Ord. No. 18-22; 9-13-2022 by Ord. No. 22-14]
Meters shall be read every two months by the
properly authorized personnel, and utility bills shall be prepared
therefrom by the Department of Finance and deposited in the United
States mail not later than the first working day of the month after
the meters are read. Such bills so rendered shall be due and payable
in the Finance Department's Billing and Collections Office on or before
5:00 p.m. of the 25th calendar day of the month in which rendered;
and if not so paid, a penalty of 8% shall be added thereon. Bills
shall be paid by cash, check, money order, debit card, credit card,
or an electronic form of payment the Department of Finance accepts.
If such bill is not paid before 5:00 p.m. seven days subsequent to
its due date, the utility service to the delinquent customer shall
be discontinued, except that the City Manager or his designee may
authorize continuance of utility service during a delinquency for
15 additional calendar days with a charge of $20. At the end of any
granted extension periods, the utility service shall be discontinued
if the delinquent amount plus any penalties remains unpaid. Any utility
service delinquent under this section shall only be returned to active
status after all delinquent amounts, penalties and a $50 administrative
fee have been paid.
[Last amended 6-13-2023 by Ord. No. 23-12[1]]
A.
All persons or businesses within the City receiving
water the City supplies through meters shall pay a base monthly charge
of $15.40 and the following additional bimonthly charge depending
on water usage:
|
Amount
(cubic feet)
|
Charge per 1,000 Cubic Feet
|
|---|---|
|
5,000 or less
|
$15.86
|
|
Next 20,000
|
$17.54
|
|
Next 100,000
|
$19.43
|
|
All over 125,000
|
$21.42
|
B.
All persons or businesses outside the City receiving
water the City supplies through meters shall pay a base bimonthly
charge of $17.72 and an additional bimonthly charge of $18.27 per
1,000 cubic feet of water usage.
[1]
Editor's Note: This ordinance stated that it is to be in effect
for all bills rendered on and after 7-1-2023.
[Amended 6-10-1980 by Ord. No. 80-39; 8-11-1998 by Ord. No. 98-19]
Should any property owner desire the water cut
off at the meter for his convenience, the Utility Billing Department
shall make such cutoff and turn the water on again at the request
of the property owner. A fee of $5 shall be charged for this service,
which fee shall be added to the next regular water bill.
It shall be unlawful to break, injure, mark,
deface, interfere with or disturb any building, machinery, apparatus,
mains, pipes, meters, fixtures, attachments or appurtenances of the
waterworks system or any part thereof or commit any act tending to
obstruct or impair the intended use of the above-mentioned property
without authority of the City Council, or excepting cases provided
in this Code or otherwise provided by ordinance. The waterworks system
referred to in this section shall not include the pipes, fixtures,
etc., owned and maintained by the consumer.
It shall be unlawful for any person to take
any water from the waterworks system of the City except in accordance
with the provisions of this chapter.
Whenever the water supply of any person renting
water from the City has been cut off by the City for failure to pay
the water rent as provided by this chapter, it shall be unlawful for
any person other than the proper officials or employees of the City
to turn the water supply on again.
All hydrants erected for the purpose of extinguishing
fires are hereby declared to be public hydrants, and no person, except
the members of the Fire Department or persons especially authorized
by the City Manager, and then only in the exercise of the authority
delegated, shall open any of the hydrants or uncover or remove any
protection from or in any manner interfere with such hydrants.
[Amended 8-11-1998 by Ord. No. 98-19]
Only persons authorized so to do by the City
Manager or the Director of Public Works shall use the stopcock at
any water meter. The fact that water has been turned off or on at
any such stopcock without permission of the City shall give rise to
a prima facie presumption that the occupant, or the owner if there
is no occupant, of the premises served by such stopcock stands in
violation of this section, but such prima facie presumption may be
rebutted by competent evidence. The City reserves the right in any
case of a violation of this section to remove the meter and to refuse
water service to the premises served thereby until all penalties imposed
for the violation have been paid.
No person shall, without the consent of the
City, prevent any water meter from registering the true quantity of
water flowing through the meter or divert the use of such water to
a purpose not authorized by the City.
The City does not guarantee a regular and uninterrupted
supply of water to any consumer and shall not be liable for any failure
to supply the same, nor shall it be liable for any claim of damage
by reason of the breaking of any main, service pipe, stopcock or other
equipment or if for any reason the supply of water shall be shut off
to make repairs, connections or extensions or for any other reason
whatsoever. The right is reserved to cut off the supply of water at
any time. When possible to do so, reasonable notice of such discontinuance
shall be given to the consumers affected.
[Added 8-11-1992 by Ord. No. 92-25]
A.
The City Manager shall promulgate regulations concerning cross connections and backflow prevention (the "Regulations") which are consistent with the objectives of the State Board of Health Waterworks Regulations of 1974, as amended, and all other applicable state or federal laws and regulations. The Regulations shall be filed with the Office of the City Clerk as provided by City Charter § 20.5 and shall be subject to amendment by Council.
B.
The Regulations shall be enforced by the Director
of the Department of Public Works, or his designated agents, under
the direction of the City Manager.
[Added 4-21-2020 by Ord.
No. 20-11]
A.
Notwithstanding any other provision in this Chapter, once the Director of Emergency Services declares a City disaster pursuant to City Code § 27-10, the City Manager is authorized to impose a moratorium on disconnections of water service, due to non-payment of charges, during the declared disaster and for up to 60 days after the end of the declared disaster.
[Added 10-16-2007 by Ord. No. 07-26]
A.
Purpose. The purpose of this Article is to establish
water conservation measures to be imposed when the Appomattox River
Water Authority ("ARWA") requests or directs such restriction or when
the governor of the Commonwealth or other state or federal authority,
pursuant to applicable law, declares an emergency, imposes mandatory
water conservation measures, and authorizes the City to enforce such
measures.
B.
State or federal measures. Should the Governor or
other state or federal authority, pursuant to applicable law, declare
an emergency, impose mandatory water conservation measures, and authorize
the City to enforce such measures, the City shall enforce those measures
pursuant to this Article to the extent that such measures impose greater
restrictions on the use of water than those in this Article. Otherwise,
any water conservation measures imposed by this Article shall remain
in effect.
C.
Exemptions. This Article shall not apply to any governmental
activity, institution, business, residence, or industry when it has
been determined by the City Manager that an exemption is necessary
for the following:
The following words, terms and phrases, when
used in this Article, shall have the meanings ascribed to them in
this Article, except where the context clearly indicates a different
meaning:
A bucket or other container holding five gallons or less
when used singly by one person.
Those measures to be taken when ARWA notifies the City Manager
that Lake Chesdin has a one-hundred-twenty-five-day supply of water
remaining.
Landscape or lawn made up of plants or seeds planted in or
transplanted to an area that is more than 30 days old.
Any noncommercial garden planted primarily for household
use. The term "noncommercial" as used in this definition includes
the incidental direct sale of items from such a garden to the public.
A hose attended by one person and fitted with a manual or
automatic shutoff nozzle.
Any member of the kingdom Plantae, including any tree, shrub,
vine, herb, flower, succulent, ground cover or grass species that
grows or has been planted outdoors.
Ground that is covered with grass and is kept mowed.
Those measures to be taken when ARWA notifies the City Manager
that Lake Chesdin has a two-hundred-day supply of water remaining.
Any landscape or lawn made up of plants or seeds planted
in or transplanted to an area that is less than 30 days old.
Streets, sidewalks, driveways, patios, parking lots, and
other surface areas covered with brick, paving, tile or other material
through which water cannot pass.
Water originally potable but circulated for reuse after delivery
from the public water system.
Any structure, basin, chamber or tank, including hot tubs,
containing an artificial body of water for swimming, diving or recreational
bathing and having a depth of two feet or more at any point.
Those measures to be taken when ARWA notifies the City Manager
that the Lake Chesdin water level is one foot below the spillway.
A.
In general. The City Manager shall declare the imposition
of voluntary, mandatory or emergency water conservation measures whenever
ARWA notifies him of the need for such a declaration. Notices of the
implementation and termination of the water conservation measures
shall be publicly announced and published in a daily newspaper for
at least one day. The implementation or termination of the measures
shall become effective immediately upon publication of the respective
notice. In addition, the City Manager shall enforce water conservation
measures when the Governor or other state or federal authority declares
an emergency, imposes mandatory water conservation measures, and authorizes
such City enforcement of the measures.
B.
Voluntary conservation measures. When voluntary water
conservation measures are in effect, the City Manager shall request
the general public, businesses and public agencies in the City to
implement and comply with the following water use reduction measures:
(1)
Paved areas. Reduce washing to any hours during any
two days in a week. Washing paved areas for immediate health and safety
is exempted.
(2)
Swimming pools. Reduce filling and replenishing to
levels required to maintain health and safety.
(3)
Gardens and established landscape. Reduce watering
to hours between 8:00 p.m. and 8:00 a.m. on any days. Watering by
bucket is unrestricted.
(4)
Vehicle washing. Reduce noncommercial washing of mobile
equipment to any hours during any two days in a week using a handheld
hose having a positive (i.e., automatic) shutoff nozzle. Commercial
mobile equipment washing businesses are exempt.
(5)
Restaurants. No restrictions.
(6)
Public utilities. Reduce scheduled sewer and hydrant
flushing by 50%. Flushing to meet immediate health and safety requirements
is exempt.
C.
Mandatory conservation measures. When mandatory water
conservation measures are in effect, the general public, businesses
and public agencies shall comply with the following water use restrictions:
(1)
Paved areas. Washing prohibited except for immediate
health and safety requirements.
(2)
Swimming pools. Reduce filling and replenishing to
levels to maintain health and safety.
(3)
Gardens and established landscapes. Water only from
8:00 p.m. on Tuesdays to 10:00 a.m. on Wednesdays; 8:00 p.m. on Thursdays
to 10:00 a.m. on Fridays; and 8:00 p.m. on Saturdays to 10:00 a.m.
on Sundays. Watering by bucket is unrestricted.
[Amended 11-8-2007 by Ord. No. 07-28]
(4)
Vehicle washing. Limit noncommercial washing of mobile
equipment to Saturdays only using a handheld hose having a positive
(i.e., automatic) shutoff nozzle. Commercial mobile equipment washing
businesses are exempt.
(5)
Restaurants. Serve water to customers only upon request.
(6)
Public utilities. Conduct sewer and hydrant flushing
only to the extent required to meet immediate health and safety needs.
D.
Emergency conservation measures. When emergency water
conservation measures are in effect, the general public, businesses,
and public agencies shall comply with the following water use restrictions:
(1)
Paved areas. Washing prohibited except for immediate
health and safety requirements.
(2)
Swimming pools. Prohibit filling and replenishing
unless in a health care facility.
(3)
Gardens and all landscapes. Water only from 8:00 p.m.
on Wednesdays to 10:00 a.m. on Thursdays. Watering by bucket is unrestricted.
[Amended 11-8-2007 by Ord. No. 07-28]
(4)
Vehicle washing. No noncommercial washing. Commercial
mobile equipment washing businesses are exempt.
(5)
Restaurants. Serve water to customers only upon request.
(6)
Public utilities. Conduct sewer and hydrant flushing
only to the extent required to meet immediate health and safety needs.
A.
In general.
(1)
Violation. It shall be a violation of this Article
for any person to intentionally, knowingly, recklessly or negligently
use, cause the use of or permit the use of water in violation of any
of the mandatory or emergency sections of this Article.
(2)
Evidentiary presumptions. For purposes of this Article,
when water has been used in a manner contrary to a mandatory or emergency
section of this Article, it shall be presumed that the person in whose
name a water meter connection is registered with the City has knowingly
used, caused the use of or permitted the use of water in such a contrary
manner. Proof that a particular premises had a water meter connection
registered in the name of the defendant cited in a pleading filed
pursuant to this Article shall constitute in evidence a prima facie
presumption that the defendant is the person who used, caused the
use of or permitted the use of water in a manner contrary to any mandatory
or emergency section of this Article.
B.
Violations of mandatory restrictions. On the first
offense, a person violating a mandatory restriction pursuant to this
Article shall receive a written warning. On the second offense, the
person shall be assessed a civil penalty of $50. On the third offense,
the person shall be assessed a civil penalty of $100. On the fourth
and any subsequent offense, the person shall be assessed a civil penalty
of $200. Any civil penalty imposed pursuant to this paragraph shall
be added to and become part of the offending person's City water bill;
and such civil penalty, if unpaid, shall be collected in any manner
authorized for the collection of the City's water bills.
C.
Violations of emergency restrictions. On the first
offense, a person violating an emergency restriction pursuant to this
Article shall be assessed a civil penalty of $100. On the second offense,
the person shall be assessed a civil penalty of $200. On the third
offense, the person shall be assessed a civil penalty of $300. On
the fourth and any subsequent offense, the person shall be assessed
a civil penalty of $400. Any civil penalty imposed pursuant to this
paragraph shall be added to and become part of the offending person's
City water bill; and such civil penalty, if unpaid, shall be collected
in any manner authorized for the collection of the City's water bills.
A.
Appeals. A person shall have the right to appeal to
the City Manager upon receiving written notice of any violation or
upon the imposition of a civil penalty. The City Manager shall notify
the person of the time and place for the hearing of the appeal within
a reasonable time prior to such hearing, which shall occur no more
than 15 business days after the City Manager receives notice of the
appeal. The City Manager shall notify the person in writing of the
City Manager's final decision no more than 15 business days after
the hearing.
B.
Enforcement. The City Manager is authorized to designate
any qualified personnel under his supervision to enforce this Article,
including the imposition of civil penalties; and he is authorized
to implement policies or rules for the administration of this Article.
