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Ord 2009-007
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Ord 2009-007
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Last modified
2/27/2009 8:52:47 AM
Creation date
2/9/2009 10:58:25 AM
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Template:
City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Code of Ordinances
Number
2009-7
Date
2/3/2009
Volume Book
179
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. (c) To the extent allowed by law, the municipal court shall have concurrent jurisdiction <br />over any civil enforcement for violations of this division. <br />(d) Violations of this division by a customer of the city water system may result in <br />installation of a flow control device on the customer's water line, or termination of the <br />customer's water service. <br />Section 86.069. Penalties <br />(a) Criminal Penalties: A person who violates any provision of this division commits a <br />misdemeanor, and upon conviction, shall be punished by a fine in the respective <br />amounts shown: <br />(1) 1St offense - not less than $100.00 or more than $250.00 <br />(2)2 nd offense - not less than $250.00 or more than $500.00. <br />(3) 3?d offense - not less than $500.00 or more than $2,000.00. <br />(b) Each violation of a particular provision of this division shall constitute a separate <br />offense, and each day a violation occurs or continues shall be considered a new offense. <br />(c) Civil Penalties. At the option of the Director for each violation of this division a civil <br />notice of violation may be issued in lieu of a criminal citation. Civil penalty assessments <br />shall not exceed one thousand dollars ($1,000.00); however, each violation of a <br />particular section of this division shall constitute a separate violation, and each day a <br />violation continues shall be considered a new violation for purposes of enforcing this <br />division <br />(1) Civil penalties may be assessed by mailing, certified mail, a notice of violation <br />to the person who is the registered water user at the address of the alleged <br />violation. A notice of violation may also be hand delivered to a person accepting <br />responsibility for premises where the alleged violation occurred. The person <br />receiving the notice shall sign a statement acknowledging receipt of the notice and <br />acquiescence to the procedures stated therein. The notice of violation shall set <br />forth the details of the violation and the proposed penalty. <br />(2) The registered user, or other person receiving a notice of violation, shall be <br />given ten (10) calendar days from the receipt of a notice of violation to file a <br />written notice to the Director requesting an appeal of the violation. If an appeal is <br />not requested within the ten (10) day period, the notice of violation becomes final, <br />and the stated penalty is due. <br />(3) After the Director receives a request for an appeal, the request will be <br />forwarded to the Municipal Court of Record where a hearing on the appeal will be <br />conducted. <br />(4) The Municipal Court of Record shall have jurisdiction to hear appeals of the <br />assessment of civil penalties. An appeal hearing will be conducted in the same <br />13
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