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653 <br /> <br />ORDINANCE NO. NS- 2073 <br />PAGE 7 <br /> <br />Section 39-~4. Notice of violation. <br /> <br /> The Director of Public Works or his designee shall give notice <br />of violation to the customer committing the violation as follows: <br /> <br />(a) <br /> <br />Notice of violation of the water use curtailment of <br />Sections 39-96 through 39-108 shall be given in writing <br />in the following manner: <br /> <br />(1) by giving the notice to the customer personally; or <br /> <br />(2) <br /> <br />if the customer is absent from or unavailable at <br />the premises at which the violation occurred, by <br />leaving a copy with some person of suitable age and <br />discretion at the premises and sending a copy <br />through the regular mail to the address at which <br />the customer is normally billed; or <br /> <br />(3) <br /> <br />if a person of suitable age or discretion cannot be <br />found, then by affixing a copy in a conspicuous <br />place at the premises at which the violation <br />occurred and also sending a copy through the <br />regular mail to the address at which the customer <br />is normally billed. <br /> <br />(b) <br /> <br />The notice shall contain a description of the facts of <br />the violation, a statement of the possible penalties for <br />each violation and a statement informing the customer of <br />his right to a hearing on the merits of the violation <br />pursuant to Section 39-115. <br /> <br />Section 39-LL5. Hearing regarding violation. <br /> <br />(a) <br /> <br />Any customer receiving notice of a second or subsequent <br />violation shall have a right to a hearing by the Director <br />of Public Works or his designee provided that a written <br />request for hearing is filed within fifteen days from the <br />date of the notice of violation and the customer deposits <br />with the City a sum equal to the billed surcharge and <br />pays all other outstanding water charges. <br /> <br />(b) <br /> <br />The customer's timely written request for a hearing shall <br />automatically stay installation of a flow-restricting <br />device on the customer's premises until the department <br />renders a decision. <br /> <br />(c) <br /> <br />If it is determined that the surcharge was wrongly <br />assessed, the City will refund any money deposited to the <br />customer. <br /> <br /> <br />