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brs 2/28/22 (c) Third and Subsequent Violation(s): A third violation within one year from the date of the first violation and any subsequent violation is punishable by a fine of Five Hundred Dollars ($500) per notice. In addition to the fine and at the discretion of the Executive Director of Public Works, or his or her designee, the City may implement one or more of the following: (1) Water Flow Restrictor Device: The City may install a water flow restrictor device of approximately one gallon per minute. (2) Termination of Service: Subject to applicable law, the City may disconnect and/or terminate a Customer's water service for a willful violation of mandatory restrictions in this article. (3) Cost of Restricting Flow or Disconnecting Service: A Person that violates this article is responsible for payment of the City's charges for disconnecting and/or reconnecting service. All associated costs and fines must be paid in full prior to service restoration. Nonpayment will be subject to the same remedies as nonpayment of basic water rates. (4) Separate Offenses: Each day that a violation of this ordinance occurs is a separate offense. Sec. 39-105. — Notice of Violation. (a) If any Person fails or refuses to comply with this article, the Executive Director of Public Works, or his or her designee, shall provide that Person with written notice of the violation and an opportunity to correct the noncompliance. The written notice shall: (1) Be posted or presented at the site of the noncompliance; (2) State the time, date, and place of violation; (3) State a general description of the violation; (4) State the means to correct the violation; (5) State a date by which correction is required; and, (6) State the possible consequences of failing to correct the violation. (b) The City will issue a Notice of Violation by mail or personal delivery to the address of the violation, to the party who is billed for the water, or to the owner of the property, as appropriate at least ten (10) calendar days before taking enforcement action. Such notice must describe the violation and the date by which corrective action must be taken. Ordinance No. NS-3016 Page 15 of 17