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I <br />`a <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />1. Cause an unnecessary and undue hardship to the person or the public; or <br />2. Cause an emergency condition affecting the health, sanitation, fire protection or <br />safety of the person or of the public. <br />B. The City Manager may grant exemptions for uses of water otherwise prohibited by the <br />regulations set forth in Chapter 13.28. Any person requesting an exemption from the <br />provisions of Chapter 13.28 shall submit to the Department an application for an <br />exemption stating the justified circumstances. The application shall be in a form <br />prescribed by the Department. If the exemption is not granted, the person may submit <br />an appeal in writing pursuant to Section 13.28.120. <br />C. Inconvenience or the potential for damage to landscaping shall not be considered for <br />exemption from any section of this Ordinance. <br />D. When a Stage II or III has been declared and is in effect, a thirty -day exemption will <br />be granted for the installation of drought tolerant landscaping, new construction or re- <br />landscaping of property, only by a permit issued by the Department. No exemption <br />shall be granted or permit issued when a Stage IV has been declared and is in effect. <br />13.28.100 ENFORCEMENT. <br />A. Violations — In addition to the remedy of criminal prosecution available to the City as <br />described in Subsection 13.28.100, a violation of any water use restrictions of this <br />chapter 13.28 currently in effect may result in the imposition of fines, water use <br />restrictions, and/or tennination of water service as set forth below: <br />1. First Violation — Notice of Non-compliance. A written warning, accompanied by a <br />copy of this Ordinance, will be delivered by U.S. Mail and/or hung on customer's <br />door. Any such notice of violation shall specify a reasonable period to achieve <br />compliance, and shall be directed to the customer of record for the premises where <br />the noncompliance was observed. <br />2. Second Violation — Warning. A written warning and notice of the future <br />imposition of a fine to be collected on the customer's utility bill will be issued. <br />Any such notice of violation shall require compliance within in three calendar <br />days, and shall be directed to the customer of record for the premises where the <br />noncompliance was observed. Delivery will be made by Certified U.S. Mail and/or <br />by personal delivery with a declaration of delivery returned to the City Manager. <br />3. Third Violation (within one year). A citation will be issued and a fine of $100.00 <br />will be imposed and collected on the customer's next regular utility bill. <br />4. Fourth Violation (within one year of the first violation). A citation will be issued, a <br />fine of $200.00 will be imposed and collected on the customer's next regular <br />utility bill, and a flow restricting device will be installed on the meter serving the <br />customer's property for a minimum of ninety-six (96) hours. The restricted flow <br />-10- <br />