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<br />the extent of the conservation phase required by customers in order for the department <br />to prudently supply water to customers. <br /> <br />(b) The city council shall make findings of shortage and declare the <br />conservation phase by resolution. Said resolution shall specify the start date of the <br />conservation phase. The resolution shall be published once in a daily newspaper of <br />general circulation within the city and shall become effective immediately upon such <br />publication. <br /> <br />(c) The provIsions of sections 39-107(3) and 39-108(4) and 39-109(4) <br />requiring curtailment in the use of water shall be effective the first full billing period <br />commencing on or after the date of such publication. <br /> <br />Section 13. Section 39-111 of the Santa Ana Municipal Code is hereby amended such <br />that it reads as follows: <br /> <br />Sec. 39-111. Exclusivity of penalties. <br /> <br />Notwithstanding any other provision of the Santa Ana Municipal Code, the <br />penalties set forth in section 39-112 for violations relating to the curtailment in the use of <br />water shall be exclusive and not cumulative with any other section of this Code. <br /> <br />Section 14. Section 39-112 of the Santa Ana Municipal Code is hereby amended <br />such that it reads as follows: <br /> <br />Sec. 39-112. Enforcement and Penalties for Violation of Water Allocation <br />Requirements. <br /> <br />Violation by any customer of sections 39-107(3) and 39-108(4) and 39-109(4) <br />requiring curtailment in the use of water shall be penalized as follows: <br /> <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 /> <br />(2) Second violation. For a second violation the director of public works or his <br />designee shall impose a surcharge in an amount equal to fifteen (15) per cent of <br />the customer's water bill. <br /> <br />(3) Third and subsequent violations. For a third and each subsequent violation, the <br />director of public works or his designee shall install a flow-restricting device of <br />one (1) gallon per minute capacity for services up to one and one-half (1 1/2) <br />inches size, and comparatively sized restrictors for larger services, on the service <br />of the customer at the premises at which the violation occurred for a period of not <br />less than forty-eight (48) hours. The department shall charge the customer the <br />reasonable costs incurred for installing and for removing the flow-restricting <br />devices and for restoration of normal service. The charge for installing and <br /> <br />Ordinance No. NS-2781 <br />Page 7 of 11 <br />