12-3-9: COMPLIANCE, NOTICE OF VIOLATION AND CIVIL PENALTIES:
A. Failure of the responsible party to comply with the requirements of this chapter shall be subject to the following actions and penalties:
1. Upon failure to comply, a notice of reminder will be mailed to the responsible party. The responsible party shall have thirty (30) calendar days from the annual due date to comply.
2. In the event that the responsible party does not comply within thirty (30) days of the annual due date, a first violation notice and a one thousand dollar ($1,000.00) charge will be added to the water bill for the property as a civil penalty. If the responsible party provides proof of compliance to the town within sixty (60) days of the annual due date, six hundred dollars ($600.00) of this charge will be waived.
3. In the event that the responsible party does not comply within sixty (60) days of the annual due date, a second violation notice and a two thousand dollar ($2,000.00) charge will be added to the water bill for the property as a civil penalty.
4. In the event that the responsible party does not comply within ninety (90) days of the annual due date, notice of termination of service will be left at the property and mailed to the party billed for water service and the property owner, if different from the billed party. Water service may be terminated seven (7) days after notice and may remain terminated until such time as the responsible party complies with the requirements of this chapter.
B. Any penalty imposed pursuant to this section may be appealed to the town manager or their designee pursuant to the appeal procedure set forth in section 12-3-10.
C. Service of water to any premises may also be discontinued by the public works director or their designee if uncontrolled cross-connections exist on the premises, if any defect is found in an installed backflow prevention assembly, if a backflow prevention assembly has been removed or bypassed or does not adequately protect the public health.
D. Service will be discontinued within one hundred twenty (120) days of notification of a failed test or notification of an inadequate backflow prevention method and shall not be restored until such conditions or defects are corrected to the satisfaction of the director. (Ord. 6, Series 2023)