Any person found to be violating any provision of this chapter, or any other rule or regulation of the city, will be given written notice stating the nature of the violation and providing a reasonable time period for satisfactory corrective action. Except in cases of emergencies or when the public interest and necessity require otherwise or for the nonpayment of bills, the time period to correct such violation will be five working days. In the case of nonpayment of bills, the notice provisions of MMC § 8.05.1200 will apply. All customers will be held strictly responsible for any and all acts of their tenants, agents, employees, contractors, licensees, permittees, guests or invitees.
(Ord. 721 § 1)
In addition to all the enforcement mechanisms and penalties specified in Chapter 1.05 MMC, for violations of any rule or regulation established in this chapter or any other provision of this code related to the water system, the authorized enforcement official designated in MMC § 1.05.020 may recover all costs incurred by the city in attending to the violation plus payment of all applicable fees in the city schedule of rates and fees. The authorized enforcement official may also pursue the remedies described below.
In addition to all of the remedies set forth in Chapter 1.05 MMC for violations of the regulations in this chapter, the city may file civil actions to request the court to grant, as appropriate, any or all of the following remedies:
A. 
A temporary and/or permanent injunction.
B. 
Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this chapter.
C. 
Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation, including reasonable attorneys' fees and costs of suit.
The city may also pursue criminal prosecution for violations pursuant to Penal Code Section 498.
(Ord. 721 § 1)
The duly authorized officials and employees of the city public works department will establish with the customer their position as an authorized representative of the city and will be permitted to enter in and upon any and all buildings and premises of customers for the purposes of inspection, re-inspection, observation, measurement, sampling, testing or otherwise performing such duties as may be necessary in the enforcement of the provisions in this chapter.
(Ord. 721 § 1)
If a customer fails to comply with all or any part of this chapter or other rule or regulation of the city, the customer's water service may be discontinued, at the city's sole discretion, and in accordance with applicable laws. Water will not be supplied until the customer complies with the rule or regulation that was violated. The city may discontinue water service for the reasons and pursuant to the restrictions set forth in subsections A through F of this section.
A. 
Discontinuation for Nonpayment. Service may be discontinued for nonpayment of past due bills to the customer upon proper notice as provided in MMC § 8.05.1200. Water service will not be discontinued under the following circumstances:
1. 
During the review and investigation of a customer complaint or while an appeal is pending;
2. 
When a customer has been granted an extension for the payment period or is in compliance with an authorized amortization agreement;
3. 
Upon certification by a licensed physician or surgeon that to do so will be life threatening to the customer and the customer is financially unable to pay in full, but agrees to enter into an amortization agreement; or
4. 
On any Saturday, Sunday, legal holiday or any time during which the city offices are not open to the public for business, except in emergencies.
B. 
Unsafe Apparatus. Water service may be refused or discontinued to any premises using apparatus or appliances which might endanger or disturb the water system and service to other customers.
C. 
Cross-Connections. Water service may be refused or discontinued to any premises where there exists a cross-connection in violation of this chapter, Chapter 8.10 MMC, or other applicable laws or regulations.
D. 
Fraud or Abuse. Water service may be discontinued if necessary to protect the city against fraud or abuse.
E. 
Upon Vacating Premises. Customers desiring to discontinue service should notify the city a minimum of three working days prior to vacating the premises. Unless discontinuance of service is ordered, the customer shall be liable for applicable charges to their account whether or not any water is used by the customer.
F. 
Negligence and Waste. Water service may be discontinued if the customer is determined to be negligent or wasteful in using water furnished to their premises, including the violation of regulations set forth in Chapter 8.45 MMC.
(Amended by Ord. 805 § 3; Ord. 721 § 1)
In the event of any violation of any rules or regulations specified in this chapter, excluding nonpayment of water charges, the public works director or designee may disconnect a premises from the water system. Said director or designee shall notify the person causing, allowing or committing the violation in writing, describing the violation and demanding immediate correction. If the severity of the violation could cause immediate detrimental or dangerous effects on other customers or the public in general and rectification of the violation will not allow time for written notice, the director or designee may discontinue water service immediately. The city shall correct such violation by whatever means possible, including entering the premises without notice.
(Ord. 721 § 1)
In connection with the enforcement of any violation hereunder, the authorized enforcement official shall keep an itemized statement of costs incurred by the city in inspecting, researching, communicating with the customer, and other related incidental expenses which may include, but not be limited to, attorneys' fees and costs and other personnel costs, both direct and indirect, for administration and code enforcement. The enforcement official shall provide a copy of this statement to the customer subject to the violation and to the public works director, and in addition to any other remedy provided in this Municipal Code, the customer shall be liable and responsible for, and required to pay, all such costs.
(Ord. 721 § 1)
Any person who has a right to appeal as provided in any section of this chapter or who is dissatisfied with any determination made under this chapter by the public works director or finance director may, at any time within five days after such determination, appeal to the city manager by giving written notice to the city manager setting forth the determination with which such person is dissatisfied and the reason for the appeal. In the event of any such appeal, the public works director or finance director shall transmit to the city manager a report upon the matter appealed. The city manager will promptly consider the appeal and provide a written decision within fifteen working days of receipt of the appeal. The city manager's decision shall be final.
Pending a decision upon any appeal relative to the amount of any charges under this chapter, the person making such appeal shall pay such charge. After the appeal is heard, the city manager shall order refunded to the person making such appeal such amount, if any, as the city manager determines should be refunded.
(Ord. 721 § 1)