75A - PH 2005 URBAN WATER MGMT PLAN

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