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<br />through the regular mail to the address at which the customer is <br />normally billed; or <br /> <br />c. If a person of suitable age or discretion cannot be found, then by <br />affixing a copy in a conspicuous place at the premises at which the <br />violation occurred and also sending a copy through the regular mail <br />to the address at which the customer is normally billed. <br /> <br />(2) The notice shall contain a description of the facts of the violation, a <br />statement of the possible penalties for each violation and a statement <br />informing the customer of his right to a hearing on the merits of the <br />violation pursuant to section 39-116. <br /> <br />Section 18. Section 39-116 of the Santa Ana Municipal Code is hereby added <br />such that it reads as follows: <br /> <br />Sec. 39-116. Hearing regarding violation. <br /> <br />(a) Any customer receiving notice of a second or subsequent violation shall <br />have a right to an informal hearing by the director of public works or his <br />designee, provided that a written request for hearing is filed within fifteen <br />(15) days from the date of the notice of violation and the customer <br />deposits with the city a sum equal to the billed surcharge and pays all <br />other outstanding water charges. <br /> <br />(b) The customer's timely written request for a hearing shall automatically stay <br />installation of a flow-restricting device on the customer's premises until the <br />department renders a decision. <br /> <br />(c) If it is determined that the surcharge was wrongly assessed, the city will <br />refund any money deposited to the customer. <br /> <br />(d) The decision of the director of public works or his designee shall be final. <br /> <br />Section 19. If any section, subsection, sentence, clause, phrase or portion of this <br />ordinance is for any reason held to be invalid or unconstitutional by the decision of any court <br />of competent jurisdiction, such decision shall not affect the validity of the remaining portions <br />of this ordinance. The City Council of the City of Santa Ana hereby declares that it would <br />have adopted this ordinance and each section, subsection, sentence, clause, phrase or <br />portion thereof irrespective of the fact that anyone or more sections, subsections, <br />sentences, clauses, phrases, or portions be declared invalid or unconstitutional. <br /> <br />ADOPTED this 20th day of April, 2009. <br /> <br />Ordinance No. NS-2781 <br />Page 10 of 11 <br />