A. 
Whenever the Superintendent finds that any user has violated, or continues to violate, any provision of this chapter or order issued hereunder, or any other requirement, the Superintendent may serve upon such person a written notice of violation. Within 10 calendar days of the date that the Superintendent mails the notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof shall be submitted by the user to the Superintendent. Submission of such a plan in no way relieves the user of liability for any violations caused by the user before or after receipt of the notice of violation.
B. 
Nothing in this section shall limit the authority of the Superintendent to take any action or actions, including emergency actions or any other enforcement action, before issuing a notice of violation.
A. 
The Superintendent may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for a violation. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period also specified by the document. Such documents shall have the same force and effect as a compliance order and a cease-and-desist order, and shall be judicially enforceable.
B. 
Issuance of a consent order shall not be a bar against, or a prerequisite for, taking any other action or actions against the user.
A. 
When the Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, the Superintendent may issue a compliance order to the user responsible for the violation directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, water service may be discontinued unless adequate changes or modifications are made.
B. 
Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action or actions against the user.
C. 
The user may, within 15 calendar days of the mailing date of such compliance order, petition the Village to modify or suspend the compliance order. Such petition shall be in written form and shall be transmitted to the Village by registered mail. The Village may then:
(1) 
Reject any frivolous petitions;
(2) 
Modify or suspend the compliance order;
(3) 
Order a user to provide additional information to the Superintendent; or
(4) 
Order the petitioner to show cause.
A. 
When the Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, the Superintendent may issue a cease-and-desist order to cease and desist all such violations and direct those persons in noncompliance to:
(1) 
Immediately comply with all requirements; and
(2) 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation.
B. 
Issuance of a cease-and-desist shall not be a bar against, or prerequisite for, taking any other action or actions against the user.
C. 
The user may, within 15 calendar days of the mailing date of such cease-and-desist, petition the Village to modify or suspend the cease-and-desist. Such petition shall be in written form and shall be transmitted to the Village by registered mail. The Village may then:
(1) 
Reject any frivolous petitions;
(2) 
Modify or suspend the cease-and-desist;
(3) 
Order a user to provide additional information to the Superintendent; or
(4) 
Order the petitioner to show cause.
A. 
When the Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, the Superintendent may fine such user in an amount of at least $100 and not more than $1,000. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term violation condition, fines shall be assessed for each day during the period of violation.
B. 
Unpaid fines and penalties shall, after 30 calendar days, be assessed an additional penalty of 10% of the unpaid balance. Such fines and penalties, if not paid, shall be a lien on the user's property benefitted. All such unpaid fines and penalties shall be added to the next general tax against property.
C. 
Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action or actions against the user.
D. 
The user may, within 15 calendar days of the mailing date of notice of such fine, petition the Village to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Village by registered mail. The Village may then:
(1) 
Reject any frivolous petitions;
(2) 
Modify or suspend the fine;
(3) 
Order a user to provide additional information to the Superintendent; or
(4) 
Order the petitioner to show cause.
A. 
In addition to the provisions of this chapter, any user who violates the following conditions is subject to water service termination and/or severance:
(1) 
Violation of conditions of an administrative order.
(2) 
Failure to terminate, relieve, or remove a cross-connection or have cross-connection control devices properly maintained or tested.
(3) 
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.
(4) 
Failure to pay administrative fines, fees or user charges.
B. 
The Superintendent shall notify the user of the proposed termination. The user may, within 15 calendar days of the mailing date of such notification petition the Village to reinstate the use. Such petition shall be in written form and shall be transmitted to the Village by registered mail. The Village may then:
(1) 
Reject any frivolous petitions;
(2) 
Order a user to provide additional information to the Superintendent.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The Superintendent or the user may order the other to appear before the Village Board and show cause why an enforcement action, proposed and/or initiated, should or should not be taken. Notice shall be served specifying the time and place of a hearing to be held by the Village Board regarding the violation, the proposed enforcement action, the reasons for such action, and a request for the show cause hearing before the Village Board why the proposed enforcement action should not be taken. The notice of the hearing shall be served at least 10 calendar days before the hearing. Such notice may be served to any Authorized Representative of the user or Superintendent.
B. 
The Village Board may itself conduct the hearing and take evidence, or may designate any of its members or any officer or employee of the Village or other person deemed appropriate by the Board to conduct the hearing, and take the following actions:
(1) 
Issue, in the name of the Village Board, notices of hearings requesting the attendance and testimony of witnesses, and the production of evidence relevant to any matter involved in such hearings.
(2) 
Take the evidence.
(3) 
Take sworn testimony.
(4) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Village Board for action thereon.
C. 
After the Village Board has reviewed the evidence and testimony, it may order the user or Superintendent to comply with the order or fine, modify the order or fine, or vacate the order or fine.
D. 
A show cause hearing shall not be a bar against, or prerequisite for, the Superintendent taking any other action against the user.
In the event the Superintendent issues any administrative order including a consent order, compliance order, or cease-and-desist order, terminates the use of water, makes any fine, or utilizes any other administrative remedy as set forth in this article, and the user fails, within the designated period of time set forth, to petition the Village, as provided in appropriate sections of this article, the user shall be deemed in default and its rights to contest the administrative order or fine shall be deemed waived except that the user shall have the right to request a show cause hearing as identified herein.
The notices, orders, petitions, or other notification which the user or Superintendent, or Village shall desire or be required to give pursuant to any sections of this chapter shall be in writing and shall be served personally or sent by certified mail or registered mail, return receipt requested, postage prepaid, and the notice, order, petition, or other communication shall be deemed given upon its mailing as provided herein. Any notice, administrative order, or communication mailed to the user pursuant to the sections of this chapter shall be mailed to the user where the user's water service is located. Any notice, petition, or other communication mailed to the Superintendent or the Village shall be addressed and mailed to the Village Clerk-Treasurer.
The Superintendent shall have the right, within the Superintendent's sole discretion, to utilize any one or more appropriate administrative remedies set forth in this article. The Superintendent may utilize more than one administrative remedy established pursuant to this article, and the Village may hold one show cause hearing combining more than one enforcement action.