§ 28-547. Violation; evidentiary presumptions; penalty; appeals.

(a)

Violation. It shall be a violation of this division 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 sections of this division.

(b)

Evidentiary presumptions. For purposes of this division, when water has been used in a manner contrary to a mandatory section of this division, it shall be presumed that the person in whose name a water meter connection is registered with the Department 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 criminal complaint filed pursuant to this division 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 section of this division.

(c)

Penalty for violation. Any person convicted of violating any of the sections of this division shall be guilty of a Class 3 misdemeanor. In lieu of conviction and punishment, the person on the first offense will receive a written warning. On the second offense, the person will be assessed as a civil penalty a water bill surcharge fee of $50.00 per violation for a residential account and $100.00 per violation for an institutional/commercial/industrial account. On the third and any subsequent offense, the person will be assessed as a civil penalty a water bill surcharge fee of $100.00 per violation for a residential account and $200.00 per violation for an institutional/commercial/industrial account. In addition, the Department may suspend the service of any person violating any of the mandatory water use restrictions.

(d)

Appeals. The person shall have the right to appeal to the Chief Administrative Officer upon receiving written notice of any violation or intent to discontinue service. The Chief Administrative Officer shall notify the person in writing of the time and place for the hearing of the appeal within a reasonable time prior to such hearing, which hearing shall occur no more than 15 business days after the Chief Administrative Officer receives written notice of such appeal. The Chief Administrative Officer shall notify the person in writing of the Chief Administrative Officer's final decision no more than 15 business days after the hearing.

(Code 1993, § 29-285; Code 2004, § 106-501; Ord. No. 2004-360-330, § 1, 12-13-2004)

(Code 1993, § 29-285; Code 2004, § 106-501; Ord. No. 2004-360-330, § 1, 12-13-2004)