The following acts are unlawful and shall be declared a nuisance:
(1)
Failing
to repair a controllable leak, a leaking valve, leaking or broken
pipes or a leaking faucet.
(2)
Operating
a permanently installed irrigation system with a broken sprinkler
head or a sprinkler head that is spraying over a street, alley or
parking lot because it is out of adjustment or improperly designed
or operated.
(3)
Allowing
water from any source to run off into a street intersection or onto
a public street, alley, curb or gutter for more than fifty (50) feet
from any point that it leaves the property.
(Ordinance 2011-07 adopted 3/22/11; Ordinance 2012-14 adopted 3/13/12)
The director of utilities, or anyone acting under his direction,
shall at reasonable times be permitted to enter any premises or building
in which water is used to ascertain if water is being wasted, and
in so doing the city shall not be liable in any manner for damages
resulting from these activities.
(Ordinance 2011-07 adopted 3/22/11)
It shall be an affirmative defense to prosecution under this
section if water is used by any of the following in the stated manners:
(1)
The
use of water by any person for roadway base preparation, flushing
of utility lines, concrete and asphalt work and for building construction
processes;
(2)
The
use of water by any person for the repair of water distribution facilities,
repairing residential and commercial plumbing facilities, and repairing
permanently installed landscape irrigation systems;
(3)
The
use of water by a governmental entity in pursuit of its governmental
functions for the benefit of the public, including but not limited
to capital improvements, construction projects, beautification of
city parks, the cleaning of public streets to prevent debris and harmful
substances from entering water systems via storm sewers, and the use
of water from fire hydrants and trucks related to firefighting-related
activities;
(4)
The
use of water by any person to alleviate immediate health or fire hazards;
or
(5)
The
use of water would have been proper if wind or other conditions (outside
the control of the person applying the water) had not redirected its
application or use.
(Ordinance 2011-07 adopted 3/22/11)
(a)
Before
taking any enforcement action under this section, notice must be provided
to:
(1)
The
last known person in whose name city water is or was last billed or
who is receiving the economic benefit of said public water supply;
(2)
An
owner of the property;
(3)
An
adult occupant of the property;
(4)
In
the case of commercial property, the property manager or a person
in apparent control of the property where the violation occurs; or
(5)
If
after one (1) failed attempt to deliver notice as provided above,
by posting notice on the front door of the property where the violation
exists.
(b)
Only
one notice per property must be provided per calendar year.
(c)
Any
person in apparent control of the property where a violation occurs
or originates shall be presumed to be the violator, and proof that
the violation occurred on the property shall constitute a rebuttable
presumption that the person in apparent control of the property committed
the violation, but any such person shall have the right to show that
he/she did not commit the violation.
(e)
The
director of building inspection, or his/her authorized representative,
shall have the power to enforce the provisions of this article as
to buildings, structures, or permits.
(f)
The
director of code enforcement, or his/her authorized representative,
shall have the power to enforce the provisions of this article as
to all violations.
(Ordinance 2011-07 adopted 3/22/11; Ordinance 2012-14 adopted 3/13/12)
(a)
Any
person identified in section 8-5-4 who violates the provisions of
this article may be charged with creating or maintaining a public
nuisance.
(c)
In instances
involving a continuing public nuisance, if the defendant shall fail
or refuse, within ten (10) days of the date of the order, to abate
the public nuisance, the judge may authorize the city to take additional
legal action to obtain compliance with the code.
(d)
A culpable
mental state is not required for violation of this article.
(Ordinance 2011-07 adopted 3/22/11; Ordinance 2012-14 adopted 3/13/12)
A person who violates a provision of this article is guilty
of a separate offense for each day or part of a day during which the
violation is committed, continued, or permitted. Penalties shall be
a fine in an amount not to exceed $200.00 for the first offense, in
an amount not to exceed $350.00 for the second offense and in an amount
not to exceed $500.00 for the third and subsequent offenses.
(Ordinance 2011-07 adopted 3/22/11)
