Ord 2012-007 - Use new ord. 2012-28

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(c) To the extent allowed by law, the municipal court shall have concurrent jurisdiction over any civil enforcement for violations of this division. (d) Violations of this division by a customer of the city water system may result in installation of a flow control device on the customer's water line, or termination of the customer's water service. Section 86.069. Penalties (a) Criminal Penalties: A person who violates any provision of this division commits a misdemeanor, and upon conviction, shall be punished by a fine in the respective amounts shown: (1) 1st offense — not less than $100.00 or more than $250.00 (2) 2nd offense — not less than $250.00 or more than $500.00. (3) 3rd offense — not less than $500.00 or more than $2,000.00. (b) Each violation of a particular provision of this division shall constitute a separate offense, and each day a violation occurs or continues shall be considered a new offense. (c) Civil Penalties. At the option of the Director for each violation of this division a civil notice of violation may be issued in lieu of a criminal citation. Civil penalty assessments shall not exceed one thousand dollars ($1,000.00); however, each violation of a particular section of this division shall constitute a separate violation, and each day a violation continues shall be considered a new violation for purposes of enforcing this division (1) Civil penalties may be assessed by mailing, certified mail, a notice of violation to the person who is the registered water user at the address of the alleged violation. A notice of violation may also be hand delivered to a person accepting responsibility for premises where the alleged violation occurred. The person receiving the notice shall sign a statement acknowledging receipt of the notice and acquiescence to the procedures stated therein. The notice of violation shall set forth the details of the violation and the proposed penalty. (2) The registered user, or other person receiving a notice of violation, shall be given ten (10) calendar days from the receipt of a notice of violation to file a written notice to the Director requesting an appeal of the violation. If an appeal is not requested within the ten (10) day period, the notice of violation becomes final, and the stated penalty is due.