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Appendix B <br />Sec. 39-110. Exclusivity of penalties. <br />Notwithstanding any other provision of the Santa Ana Municipal Code, the penalties set <br />forth in section 39-111 shall be exclusive and not cumulative with any other section of this Code. <br />(Ord. No. NS-2073, § 1, 9-4-90) <br />Sec. 39-111. Enforcement of water conservation phases. <br />Violation by any customer of sections 39-96 through 39-108 shall be penalized as <br />follows: <br />(1) First violation. The director of public works or his designee shall issue a written <br />notice of the fact of a first violation to the customer. <br />(2) Second violation. For a second violation during any one (1) proclaimed water <br />shortage, the director of public works or his designee shall impose a surcharge in <br />an amount equal to fifteen (15) per cent of the customer's water bill. <br />(3) Third and subsequent violations. For a third and each subsequent violation during <br />any one (1) proclaimed water shortage, the director of public works or his <br />designee shall install aflow-restricting device of one (1) gallon per minute <br />capacity for services up to one and one-half (1 U2) inches size, and comparatively <br />sized restrictors for larger services, on the service of the customer at the premises <br />at which the violation occurred for a period of not less than forty-eight (48) hours. <br />The department shall charge the customer the reasonable costs incurred for <br />installing and for removing the flow-restricting devices and for restoration of <br />normal service. The charge for installing and removing aflow-restricting device <br />and any other penalties or charges due the city from the customer or due from any <br />person who has applied for water service, shall be paid before normal service can <br />be restored. <br />(Ord. No. NS-2073, § 1, 9-4-90) <br />Sec. 39-112. Relief from compliance. <br />(a) A customer may file an application for relief from any provision of this section. <br />The director of public works shall develop such procedures as necessary to determine such <br />application and shall, upon the filing by the customer of an application for relief, take such steps <br />as reasonably necessary to determine the application for relief. <br />(b) The application for relief may include a request that the customer be relieved, in <br />whole or in part, from the water use curtailment provisions of sections 39-96 through 39-108 and <br />shall contain the basis for such request. <br />(c) In determining whether to grant relief and the nature of any relief, the director of <br />public works shall take into consideration all relevant factors including, but not limited to: <br />Yak-'ik <br />