MH-5-3509 - ENFORCEMENT AND PENALTIES.

(a)

The first billing period after the effective date of the Board of Director's declaration of a water shortage emergency or the effective date stated in said resolution shall be considered an adjustment period during which no penalties will be imposed for water usage in excess of the allocation.

(b)

Beginning with the second billing period after the effective date and except as provided in Subsection (c) of this section, any customer who exceeds the established allocation in any monthly billing cycle shall pay an excess use charge in addition to all other charges. The excess use charge shall be based on a rate scheduled as specified from time to time by resolution of the Board of Directors.

(c)

No excess use charge shall be imposed in the following circumstances:

(1)

Multiple-family residential customers whose consumption is four hundred (400) cubic feet (4CCF) per unit or less during any billing period.

(2)

All other customers whose consumption is six hundred (600) cubic feet (6CCF) or less during any billing period.

(d)

Installation of Flow Restrictors.

(1)

After the issuance of one (1) written warning for violation of the provisions of this chapter, or for any use of water which is prohibited, the MHCSD may install a flow restricting device on the customer's water service which shall remain in place for a period of not less than forty-eight (48) hours and until the customer has paid the removal charges set forth below. The device shall not be removed except by the MHCSD.

(2)

If the customer, after removal of a flow restricting device by the MHCSD, shall again violate the provisions of this chapter, the MHCSD may install a flow restricting device which shall remain for a period of at least two (2) weeks and until payment of removal of the flow restricting device by the MHCSD.

(3)

Further violations, removal of or bypassing the flow restricting device may result in termination of water service. Upon a determination by the General Manager that service shall be terminated, written notice of intent to disconnect shall be mailed to the customer. Said notice shall be mailed to the resident and any other customer or entity known to the MHCSD who is responsible for the violation or correction of the violation, including the property owner in the case of rentals. A request for hearing on the discontinuance of service shall be requested within five (5) days of mailing the notice. A hearing before the General Manager shall be held within three (3) days of expiration of the period for requesting a hearing. The General Manager's final decision shall be mailed to the responsible parties within three (3) days of the hearing. If the final decision is to discontinue service, the discontinuance shall not occur less than three (3) days after the mailing of the General Manager's final decision.

(4)

Removal Charges. The charge for removal of a flow-restricting device shall be based on the rate schedule as established from time to time by resolution of the Board of Directors. In the case of rentals, the customer or entity occupying the premises and the owner shall be jointly and severally responsible for payment of said costs.

(5)

Any of the actions stated in Subsections (d)(1) through (4) of this section above may be appealed to the Board of Directors by the customer upon submitting a written appeal notice to the General Manager. The MHCSD will remove the flow restrictor pending a decision of the Board of Directors on the appeal.

(Ord. 4056 (part), 2000)