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ARTICLE VI. CONSERVATION OF PUBLIC WATER SUPPLY Page 6 of 6 <br />(1) Notice of violation of the water use curtailment of sections 39-96 through 39-108 <br />shall be given in writing in the following manner: <br />a. By giving the notice to the customer personally; or <br />b. If the customer is absent from or unavailable at the premises at which the <br />violation occurred, by leaving a copy with some person of suitable age and <br />discretion at the premises and sending a copy through the regular mail to the <br />address at which the customer is normally billed; or <br />c. If a person of suitable age or discretion cannot be found, then by affixing a <br />copy in a conspicuous place at the premises at which the violation occurred and <br />also sending a copy through the regular mail to the address at which the <br />customer is normally billed. <br />(2) The notice shall contain a description of the facts of the violation, a statement of the <br />possible penalties for each violation and a statement informing the customer of his right <br />to a hearing on the merits of the violation pursuant to section 39-115. <br />(Ord. No. NS-2073, § 1, 9-4-90) <br />Sec. 39-115. Hearing regarding violation. <br />(a) Any customer receiving notice of a second or subsequent violation shall have a right to a <br />hearing by the director of public works or his designee, provided that a written request for <br />hearing is filed within fifteen (15) days from the date of the notice of violation and the customer <br />deposits with the city a sum equal to the billed surcharge and pays all other outstanding water <br />charges. <br />(b) The customer's timely written request for a hearing shall automatically stay installation of a <br />flow -restricting device on the customer's premises until the department renders a decision. <br />(c) If it is determined that the surcharge was wrongly assessed, the city will refund any money <br />deposited to the customer. <br />(d) The decision of the director of public works or his designee shall be final. <br />(Ord. No. NS-2073, § 1, 9-4-90) <br />19F-146 <br />http://Iibrary2.municode.com/default-test/DocVieNv/14452/l/242/248 3/3/2009 <br />