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For water shortage LevelPhases 2 and 3, the bi- monthly exemption amount for <br />single family and multi - family customers shall be determined by the city council and as set <br />forth in the resolution declaring a water supply shortage Phase Level 2 or 3. <br />SECTION 20. Section 39 -115 of the Santa Ana Municipal Code is hereby <br />amended such that it reads as follows (new language underlined, deleted language in <br />strikeout for tracking purposes only): <br />Sec. 39 -115. Notice of Violation of Provisions other than Water Allocation <br />Requirements. <br />For violations of this Article not related to sections 39- 107(3) and 39- 108(4) and 39- <br />109(4) requiring curtailment in the use of water, the director of public works or his <br />designee shall give notice of violation to the customer committing the violation as <br />follows: <br />(1) Notice of violation shall be given in writing in the following manner: <br />a. By giving the notice to the customer personally; or <br />b. If the customer is absent from or unavailable at the premises at which <br />the violation occurred, by leaving a copy with some person of suitable <br />age and discretion at the premises and sending a copy through the regular <br />mail to the address at which the customer is normally billed; or <br />c. If a person of suitable age or discretion cannot be found, then by affixing copy <br />in a conspicuous place at the premises at which the violation occurred and <br />also sending a copy through the regular mail to the address at which the <br />customer is normally billed. <br />(2) The notice shall contain a description of the facts of the violation, a statement of <br />the possible penalties for each violation and a statement informing the customer of <br />his right to a hearing on the merits of the violation pursuant to section 39 -116. <br />(3) A second and subsequent violation, within the preceding twelve (12) calendar <br />months of the first notice of violation, is punishable by a fine not to exceed five <br />hundred dollars ($500) per notice. <br />SECTION 21. If any section, subsection, sentence, clause, phrase or portion of <br />this ordinance is for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect the validity of the remaining <br />portions of this ordinance. The city council of the City of Santa Ana hereby declares that it <br />would have adopted this ordinance and each section, subsection, sentence, clause, <br />phrase or portion thereof irrespective of the fact that any one or more sections, <br />subsections, sentences, clauses, phrases, or portions be declared invalid or <br />unconstitutional. <br />Ordinance No. NS -XXX <br />75A -1 5 Page 11 of 12 <br />