It is one of the objectives of the County of Tulare that the citizens of the Water Service Areas be encouraged to voluntarily comply with the provisions of this Chapter. In furtherance of said objective, the enforcement of this chapter will permit the issuance of a first warning of violation of any provisions of Article 5 by way of written notice of violation to the violating water user, before the issuance of a citation for further said violations.
(Amended by Ord. No. 3494, effective 6-16-16)
Notwithstanding section 8-09-1275 any person violating any provision of Article 5 shall be guilty of an infraction which shall be punishable by a fine of Twenty-Five Dollars ($25.00) for the first violation, Fifty Dollars ($50.00) for the second violation and One Hundred Dollars ($100) for the third and each subsequent violation. Each day that a violation continues shall be regarded as a new and separate violation, offense, and infraction, except where the violation cannot be immediately remedied by shutting off the source, in which case not more than forty-eight (48) hours will be allowed to correct the problem. Beyond that, each new day will constitute a new and separate violation, offense, and infraction.
(Amended by Ord. No. 3494, effective 6-16-16)
For each and every violation of any provision of Article 5, the citation issued shall state on its face, and any complaint thereon shall be filed in accordance with, the following:
The Complaint charging a violation of Article 5, consisting of sections 8-09-1125 through 8-09-1155, of Chapter 9 of Part VIII of the Ordinance Code of the County of Tulare shall not be filed with the Clerk of the appropriate judicial court for a period of thirty (30) days after the issuance of this Citation. Within such thirty (30) day period, the person receiving this Citation shall have the right to voluntarily appear before the Director of the Tulare County Resource Management Agency, as Administrator of this Chapter, or his or her deputy, during business hours in his or her offices at the Tulare County Government Plaza located at 5961 South Mooney Boulevard in the City of Visalia, California, and to pay the Director the sum of Twenty-Five Dollars ($25.00) in cash for the first violation, Fifty Dollars ($50.00) for the second violation and One Hundred Dollars ($100) for the third and each additional violation of Article 5, consisting of sections 8-09-1125 through 8-09-1155, of Chapter 9 of Part VIII of the Ordinance Code of the County of Tulare. If the person receiving a Citation pays the amount required to the Director of the Resource Management Agency within such thirty (30) day period and before the filing of a Complaint, a Complaint shall not be filed with the Court and further appearance will not be necessary by the person receiving the Citation. Payment shall constitute an admission of violation by the person receiving the Citation. Should the person receiving the citation fail to pay the Director of the Resource Management Agency the amount above specified within the time specified, a Complaint charging an infraction shall be filed, the person shall be required to appear before the Court at the time and place indicated on the citation and the matter processed in the usual course at a hearing before the Court. The Court may add Court costs and fees to the fine imposed.
(Amended by Ord. No. 3494, effective 6-16-16)
In addition to any other remedies which may otherwise be available to the County of Tulare, the Board of Supervisors of the County of Tulare hereby makes the following findings and declarations:
(a) 
The waste of water, in an amount in excess of that use permitted by the conservation stage in effect pursuant to action taken by the Board of Supervisors, on public or private property within a Water Service Area, is hereby found to contribute to and compound drought conditions which may, from time to time, exist in Tulare County, to the detriment of one of our most precious and finite resources, water. Such conditions cause injury to the health, safety and/or general welfare of the citizens of Tulare County.
(b) 
Therefore, the waste of water within a Water Service Area on private or public property, except as expressly permitted hereinabove, is hereby declared to constitute a public nuisance which may be abated in an action brought on behalf of the people of the State of California by the District Attorney or by the County Counsel, in any Court of competent jurisdiction.
(c) 
Alternatively or in addition to any other remedies available to the County of Tulare by law, such public nuisance may be enforced through administrative proceedings including but not limited to those provided by Chapter 23 (Administrative Fines) of Part I and Chapter 1 (Public Nuisances) of Part IV of this Ordinance Code.
(Amended by Ord. No. 3494, effective 6-16-16)
(a) 
All police officers, sheriff deputies, and persons authorized by law to issue citations within the County or by ordinance to issue citations for violation of this Chapter shall, in conjunction with other duties imposed upon them by law, diligently enforce the provisions of this Chapter.
(b) 
All other employees of the County are encouraged to notify the Tulare County Resource Management Agency of any perceived violations of this Chapter.
(c) 
Except as otherwise provided, this Chapter shall be administered and enforced by the Director of the Tulare County Resource Management Agency and his authorized representatives.
(Amended by Ord. No. 3494, effective 6-16-16)