§ 6-11.112. Enforcement.

(a)

No customer of VCWWD shall make, cause, use, or permit the use of water in a manner contrary to any provision of this article. Each customer shall be guilty of a separate offense for each day during which such violation of this article occurred.

(b)

Criminal enforcement. Any violation of the water use restrictions set forth in this article may be prosecuted as a misdemeanor and is punishable as provided in Chapter 2 of Title 1 of this Code.

(c)

Civil enforcement. Any violation of the water use restrictions set forth in this article may be subject to penalties and fines as set forth below:

(1)

First violation. The VCWWD may issue an Initial Notice of Violation/Warning and deliver a copy of the ordinance codified in this article by mail or in person.

(2)

Second violation. A second violation within the preceding twelve (12) calendar months is punishable by a fine in an amount set forth by resolution adopted by the VCWWD.

(3)

Third violation. A third violation within the preceding twelve (12) calendar months is punishable by a fine in an amount set forth by resolution adopted by the VCWWD.

(4)

Fourth and subsequent violations. A fourth and any subsequent violation is punishable by a fine in an amount set forth by resolution adopted by the VCWWD.

(5)

Water flow restrictor . In addition to any fines and penalties, VCWWD may install, upon its customers, a water flow restrictor device of approximately one gallon per minute capacity for services up to one and one-half inch size and comparatively sized restrictors for larger services for violations of mandatory water use restrictions set forth in this article after forty-eight (48) hours' written notice of intent.

(6)

Disconnecting service. In addition to fines and penalties, and the installation of a water flow restrictor, VCWWD may disconnect its customers' water service after five (5) calendar days' written notice of intent for continued violations of mandatory water use restrictions set forth in this article.

(7)

Cost of flow restrictor and disconnecting service. A person or entity that violates this article is responsible for payment of VCWWD's charges for installing and/or removing any flow restricting device and for disconnecting and/or reconnecting service per the VCWWD's Schedule of Service Charges then in effect. Such charges must be paid to VCWWD before the device is removed or the water service is reconnected. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.

(d)

Notice and hearing for civil enforcement.

(1)

A notice of violation by mail or personal delivery shall be issued at least ten (10) calendar days before taking civil enforcement action. Such notice must describe the violation and the date by which corrective action must be taken. A customer may appeal the Notice of Violation by filing a written notice of appeal with VCWWD no later than the close of business on the day before the date scheduled for enforcement action. Any Notice of Violation not timely appealed will be final. Upon receipt of a timely appeal, a hearing on the appeal will be scheduled, and VCWWD will mail written notice of the hearing date to the customer at least ten (10) calendar days before the date of the hearing.

(2)

Pending receipt of a written appeal or pending a hearing pursuant to an appeal, VCWWD may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water level condition.

(3)

All appeal hearings shall be conducted before the District Manager or designee. The District Manager or designee shall be the final decision maker on all appeals.

(§ 4, Ord. WWD-08, eff. May 11, 2009, as amended by § 1, Ord. WWD-09, eff. June 15, 2009 and § 1, Ord. No. WWD-15, eff. April 24, 2017)

Editor's note

Ord. No. WWD-15, § 1, adopted April 24, 2017, effective April 24, 2017, renumbered § 6-11.110 as 6-11.112.