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ORDINANCE NO. NS- 2073 PAGE 5 Seotion 39-111. Enforcement of water conservation phases. Violation by any customer of Sections 39-96 through 39-108 shall be penalized as follows: (a) First violation. The Director of Public Works or his designee shall issue a written notice of the fact of a first violation to the customer. (b) Second violation. For a second violation during any one proclaimed water shortage, the Director of Public Works or his designee shall impose a surcharge in an amount equal to fifteen percent (15%) of the customer's water bill. (c) Third and Subsequent Violations. For a third and each subsequent violation during any one proclaimed water shortage, the Director of Public Works or his designee shall install a flow restricting device of one (1) gallon per minute capacity for services up to one and one-half (1-1/2) inch size, and comparatively sized restrictors for larger services, on the service of the customer at the premises at which the violation occurred for a period of not less than forty-eight (48) hours. The department shall charge the customer the reasonable costs incurred for installing and for removing the flow-restricting devices and for restoration of normal service. The charge for installing and removing a flow restricting device, and any other penalties or charges due City from customer, or due from any person who has applied for water service, shall be paid before normal service can be restored. Section 39-112. Relief from compliance. (a) A customer may file an application for relief from any provision of this section. The Director of Public Works shall develop such procedures as necessary to determine such application and shall, upon the filing by customer of an application for relief, take such steps as reasonably necessary to determine the application for relief. (b) The application for relief may include a request that the customer be relieved, in whole or in part, from the water use curtailment provisions of Sections 39-96 through 39- 108, and shall contain the basis for such request. (c) In determining whether to grant relief, and the nature of any relief, the Director of Public Works shall take into consideration all relevant factors including, but not limited to: