O-009-14 Prescribing Water Conservation Rules and Regulations and amending Title 13, by adding Chapter 13.28

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 shall meet minimum County Health Department standards, if any have been established. If the ninety-six hour period ends on a weekend or holiday, full service will be restored during the next business day. 5. Fifth Violation (within one year of the first violation). A citation will be issued, a fine of $500.00 will be imposed, and service will be terminated for such period as the City Manager determines to be appropriate under the circumstances. Prior to termination of service, the customer may submit an appeal pursuant to the procedures set forth in Section 13.28.120. Written notice of a hearing to consider any appeal shall be mailed to the customer at least ten calendar days before the hearing. 6. Any person subject to a fine pursuant to this Section 13.28.100 may file an appeal pursuant to Section 13.28.120. B. Fines, Additional Charges. Any fine imposed pursuant to Chapter 13.28 shall be in addition to the basic water rates and other charges of the Department for the account and shall appear on and be payable with the billing statement for the period during which the violation occurred; non-payment shall be subject to the same remedies available to the Department as for non-payment of basic water rates. In addition to any surcharge, a customer violating this Ordinance shall be responsible for payment of the Department's charges for installing and/or removing any flow restricting device and for disconnecting and/or reconnecting service per the Department's Water Rules and Rate Schedule then in effect. Such charges shall be paid prior to the removal of the flow restrictor or reconnection of service, whichever the case may be. C. Non -liability for Damage. The customer or resident who violates this chapter assumes responsibility for injury to the customer and/or other residents/occupants receiving service, including emotional distress and/or damage to the customer's private water system and/or to other real or personal property owned by the customer or by a third party resulting from the installation and operation of a flow restricting device or from termination of service; said customer shall thereby be deemed to have: 1. Waived any claim for injury or for damage to the customer's property which the customer may have otherwise have against the City; and 2. Agreed to indemnify, defend, and hold the City harmless from claims by third parties for injury or property damage arising or claimed to arise out of the City's installation and/or operation of a flow restricting device or termination of water service. 13.28.110 AUTHORITY — MISDEMEANOR. - 11 -