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2 <br />3 <br />4 <br />5 <br />6 <br />7 <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 />This Chapter is adopted pursuant to Section 375 of the California Water Code. Any <br />second or subsequent violation of this Chapter 13.28 after notice is provided as specified in <br />Section 13.280.100 may be prosecuted as a misdemeanor. <br />13.28.120 APPEALS. <br />A. The City Manager, or his designated Enforcement Officer, shall determine when any <br />violation of this Chapter 13.28 has occurred and shall issue a Notice of Violation. Any <br />person receiving notice of a second or subsequent violation pursuant to Section <br />13.28.100 of this chapter shall have a right to a hearing by the City Manager. The <br />customer's written request for a hearing must be received within ten calendar days of <br />mailing or other delivery of the notice of violation. Any Notice of Violation not timely <br />appealed shall be final. Upon receipt of a timely appeal, a hearing shall be scheduled <br />within fifteen calendar days. Written notice of the hearing shall be mailed at least eight <br />calendar days before the date of said hearing. <br />B. The customer's written request for a hearing within the ten calendar day period shall <br />automatically stay the imposition of monetary fines on the customer's utility bill until <br />the City Manager renders his or her decision. The decision of the City Manager shall <br />be final and not subject to further appeal pursuant to this code. <br />C. Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the <br />City Manager or the Enforcement Officer may take appropriate steps to prevent the <br />unauthorized use of water as appropriate to the nature and extent of the violation and <br />the current declared water condition. <br />13.28.130 CITY MANAGER DELEGATION. <br />The City Manager may delegate all duties and responsibilities hereunder. <br />13.28.140 SEVERABILITY. <br />If any provision, section, subsection, sentence, clause or phrase of this chapter, or the <br />application of same to any person or set of circumstances is held to be unconstitutional, <br />void, or invalid, such decision shall not affect the remaining portions of this chapter which <br />shall remain in full force and effect, and all provisions of this chapter are declared to be <br />severable for that purpose. <br />13.28.150 INCOMPATIBLE PROVISIONS. <br />To the extent any provision of this chapter is incompatible with or at variance with any <br />prior adopted ordinance or resolution, the provisions of this chapter shall take precedence, <br />and all prior ordinances and resolutions shall be interpreted to harmonize with and not <br />change the provisions of this chapter. <br />Eva <br />