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a. By giving the notice to the customer personally; or <br />b. If the customer is absent from or unavailable at the <br />premises at which the violation occurred, by leaving a <br />copy with some person of suitable age and discretion <br />at the premises and sending a copy through the regular <br />mail to the address at which the customer is normally <br />billed; or <br />c. If a person of suitable age or discretion cannot be <br />found, then by affixing a copy in a conspicuous place at <br />the premises at which the violation occurred and also <br />sending a copy through the regular mail to the address <br />at which the customer is normally billed. <br />(2) The notice shall contain a description of the facts of the <br />violation, a statement of the possible penalties for each <br />violation and a statement informing the customer of his <br />right to a hearing on the merits of the violation pursuant to <br />section 39-116. <br />Section 18. Section 39-116 of the Santa Ana Municipal Code is hereby <br />added such that it reads as follows: <br />Sec. 39-116. Hearing regarding violation. <br />(a) Any customer receiving notice of a second or subsequent <br />violation shall have a right to an informal hearing by the <br />director of public works or his designee, provided that a <br />written request for hearing is filed within fifteen (15) days from <br />the date of the notice of violation and the customer deposits <br />with the city a sum equal to the billed surcharge and pays all <br />other outstanding water charges. <br />(b) The customer's timely written request for a hearing shall <br />automatically stay installation of aflow-restricting device on <br />the customer's premises until the department renders a <br />decision. <br />(c) If it is determined that the surcharge was wrongly assessed, <br />the city will refund any money deposited to the customer. <br />(d) The decision of the director of public works or his designee <br />shall be final. <br />Ordinance No. NS-XXX <br />11 A-15 Page 15 of 17 <br />