[HISTORY: Adopted by the City Council of the City of Colonial Heights 4-8-1975 by Ch. 23 of the 1975 Code. Amendments noted where applicable.][1]
CHARTER REFERENCES
Department of Public Utilities — See Ch. 13.
Department of Public Health — See Ch. 14.
GENERAL REFERENCES
Building construction — See Ch. 109.
Drainage — See Ch. 121.
Health and sanitation — See Ch. 153.
Sewers and sewage disposal — See Ch. 238.
Streets and sidewalks — See Ch. 247.
Subdivision of land — See Ch. 250.
Zoning — See Ch. 286.
[1]
Editor's Note: For provisions regarding the powers of the City relative to waterworks generally, see Code of Virginia, § 15.2-2109. As to public water supply generally, see Code of Virginia, § 32.1-167 et seq.
[Amended 8-11-1998 by Ord. No. 98-19]
The Department of Public Works shall have general management and control of the City waterworks and the properties appertaining thereto, and in connection therewith the Director of Public Works shall have authority to appoint such assistants and employees as he may deem necessary for the operation and maintenance of the City waterworks and to remove such assistants and employees at any time.
[Amended 8-12-1980 by Ord. No. 80-51; 5-9-1984 by Ord. No. 84-21]
A. 
Wherever in the City a property abuts in any manner upon any street, alley or easement along which runs a water line available for public use, the improvements on such property shall be connected to such line. Wherever in the City a property abuts in any manner upon any street, alley or easement along which runs only a water line available for public use, homes or places of business on such property shall use water from such line, and the well, if such exists on such property, shall be condemned and closed at the owner's expense, provided that systems fed by wells may be used on such property, provided that such system shall not be reasonably susceptible to use for obtaining water for human consumption or used for such purpose, that the water from such system shall not be returned to the sanitary sewer system, that such system shall have no interior faucets and no cross connections with the City system and that a special revocable permit is granted by the City Manager.
B. 
Permits shall be denied or revoked upon a reasonable finding by the City Manager that they constitute a threat to the public health, safety or welfare. In reviewing permit applications, the City Manager shall give consideration to the extent to which treated water would be detrimental to the practicable uses of the proposed systems. Permit denials or revocations shall be subject to appeal to City Council.
[Added 10-8-1985 by Ord. No. 85-20; amended 8-11-1998 by Ord. No. 98-19]
A. 
The owner of any private water system serving areas entirely beyond the corporation limits of the City may contract, by written agreement approved by the City Attorney as to form, with the Department of Public Works for the supply of water from the City system on the same terms and conditions as persons within the City, except that such contract shall provide that:
(1) 
Users beyond the corporation limits shall constitute a separate class of customers for the purposes of rate setting and regulation and that as such service to them may be restricted or discontinued by the City Manager by reason of emergency or any other reasonable cause in a manner different from that imposed upon users within the City. The causes for such restriction or discontinuation shall include but not be limited to a shortage of water available to the system within the City. The City shall not be liable for any temporary accidental disruption of service.
(2) 
Such contracts may be canceled by the City, with 60 days' written notice to the owners of the private system, when it is determined by the City Manager, in his sole discretion, that the water available to the City system is or in the near future will be sufficient to serve only users within the city.
(3) 
Such contracts shall be contingent upon the lack of availability of public water service by the jurisdiction in which the private system is located and upon the continuing approval of all legally competent authorities, including said jurisdiction.
(4) 
At all points beyond the service connection between the private system and the City system, all facilities, licenses, easements, rights-of-way and other permits or property, real or personal, involved with the private system shall remain the property of the owners of the private system and that all costs involved in developing and maintaining such facilities shall be borne by the owners of the private system. Said owners shall also hold the City of Colonial Heights harmless from any liability associated with the operation of said private system, to the fullest extent permissible by law, and may be required to provide adequate financial security. The owner of the system shall bear responsibility for maintaining water quality at all points within the private system.
(5) 
Said private system shall comply with all relevant provisions of law, including the standards imposed by this chapter and those lawfully promulgated by the Department of Public Works. Such standards specifically shall include but not be limited to those regulating the metering of units and interconnection between the private water system and other sources of water. The City shall have the right to inspect said private system to guarantee compliance with said standards.
(6) 
Said private system shall not be extended, nor shall new connections be made to it, without the approval of the Director of Public Works and that in no case shall said system be designed, constructed or modified to serve a public or governmental purpose without the approval of City Council.
B. 
In no instance shall any such contract require the extension or modification of the system within the City at City expense without a finding by the City Manager, in his sole discretion, that said extension or modification was primarily for the improvement of service to users within the City.
[Amended 6-10-1980 by Ord. No. 80-33; 5-8-1990 by Ord. No. 90-10; 8-11-1998 by Ord. No. 98-19; 5-13-2003 by Ord. No. 03-12;[1] 3-10-2015 by Ord. No. 15-4; 6-14-2016 by Ord. No. 16-20; 7-10-2018 by Ord. No. 18-22; 8-13-2024 by Ord. No. 24-18; 12-10-2024 by Ord. No. 24-21]
The following rules and regulations concerning water usage are hereby established:
A. 
Application for use of water; connection permit. Every person desiring a supply of water must make application therefor to the City Manager or his designee (collectively hereafter the "City Manager") upon such form as may be prescribed by the City Manager and provided for that purpose. The application must state fully and truly all the uses to which the water is to be applied, and no different or additional use will be allowed except upon proper application being made therefor. The City Manager shall issue the permit for the connection to the service pipes or water mains to the applicant upon the condition that some duly licensed plumber shall be employed by the applicant to make such connection. For each customer, the City Manager shall attach to the permit for connection a copy of the City's disconnection for nonpayment policy. The disconnection for nonpayment policy shall include the provisions of Code of Virginia §§ 15.2-2121.2 and 15.2-2121.3 that are applicable to water or wastewater utilities.
B. 
Number and size of water taps or connections.
(1) 
On and after the effective date of this chapter, except as hereinafter provided, a separate water tap or meter connection shall be made or provided for each separate business, store building, commercial unit, and residential dwelling unit, regardless of the type of residential dwelling unit.
(2) 
Duplexes shall be deemed to constitute two separate dwelling units, and each dwelling unit thereof shall be separately or independently connected with or supplied by a separate water tap or meter connection.
(3) 
The number of water taps or meter connections to buildings, structures or premises used for any other purpose shall be prescribed by the City Engineer and subject to the approval of the City Manager.
(4) 
The size of each water tap or meter connection required hereunder shall be prescribed by the City Engineer and subject to the approval of the City Manager.
C. 
City service connection. The City shall furnish, lay and maintain all connections from the water mains up to and including the meters, meter box or stopcock at the curbline.
D. 
Turning on water. Water shall not be turned on in any house or private service until a turn-on fee of $25 has been paid by new users and except by the order of the Department of Public Works or the City Manager. This rule shall not be construed to prohibit plumbers from turning water into such pipes to test the same or for purposes of testing the plumbing connected thereto.
E. 
Use of water by other than authorized customers. No authorized consumer shall supply City water to unauthorized water users or allow them to take water off their premises. Nothing in this subsection shall, however, prevent the occupant of any house or premises supplied with City water from having, when his hydrant or connection is out of order, the use of water from another house or premises, with the permission of the occupant thereof, or to prevent any person from taking City water to extinguish fire or in case of an emergency.
F. 
Meters; use; City to furnish. All water furnished by the City shall be measured by meters furnished by the City for that purpose.
G. 
Testing of meters generally. Any consumer may have his meter tested by paying the Department of Finance a fee of $95. Should the meter register 2% or more overcharge, the consumer shall have his payment for testing the meter returned to him.
H. 
Refunds for meters registering errors in favor of City. Whenever a meter is found to have an average error in registration exceeding 2%, an adjustment shall be made between the City and the consumer on the basis of the error found, covering a period equal to 1/2 of the time elapsed since the last previous test, but in no case shall this period exceed three months.
I. 
Measurement of water where meter fails to register. In the event that the metering equipment is found to be out of order or fails to register for a certain period, the amount of water consumed shall be estimated, using as a basis the amount consumed during a similar period and under comparable conditions.
J. 
Deposits and guaranties. Each applicant for water service who rents or leases real property shall be required to furnish the Director of Finance with a security deposit to help ensure payment for the water expected to be consumed, and the City shall not supply water until the deposit is paid. The security deposit shall be $250 for a tenant leasing a residential property and $500 for a tenant leasing a commercial or industrial property. On discontinuance of water service charges, such deposit less the amount of any unpaid water service charges shall be refunded to the depositor upon request.
K. 
Cutting off water to unoccupied premises; reconnections. Water service may be severed upon notice to the City Manager, or his designee, whenever the premises are to be unoccupied and may be connected upon the payment of $10 for cutting off and turning on the water.
L. 
Temporary meter use permit. Any person desiring to have water available during a construction project must make application to the City for a temporary meter use permit and pay a $25 administrative fee. Upon completion of the project water charges shall be paid pursuant to § 277-9.
M. 
For any construction for which the City issues a building permit after February 1, 2025, the meter the City furnishes to measure water consumption shall be of a type that is capable of reading remotely the amount of water used.
[1]
Editor's Note: This ordinance stated that it would be in effect on and after 7-1-2003.
[Added 5-13-2003 by Ord. No. 03-12; amended 6-11-2019 by Ord. No. 19-14]
When a consumer willfully takes steps to reactivate service after service has been initially discontinued by the City for nonpayment of any charge owed the City, and the City is required to take some other action to discontinue service again, such person shall pay a charge of $50 for said unauthorized use of water and prior to service being restored. Further attempts to reactivate service that requires the City to take other action, including, but not limited to, the removal of the meter, will result in an additional charge of $100.
[Amended 6-10-1980 by Ord. No. 80-34; 8-11-1998 by Ord. No. 98-19]
The rules and regulations set out in the § 277-4 shall be considered a part of the contract with every person who is supplied with water through the waterworks system of the city, and every such person, by taking water, shall be considered to express his assent to be bound thereby. When any of such rules and regulations are violated, or such others as the City Council may from time to time adopt, the water may be cut off from the building or place of such violation and shall not be turned on again except by the order of the Director of Public Works, and then only after the payment of the sum of $10 to cover the cost of shutting off the water and turning it on again. In case of such violation, the Director of Public Works shall have the right to declare forfeited any payment made for water by the person committing or permitting such violation.
[Amended 6-10-1980 by Ord. No. 80-35; 6-12-1984 by Ord. No. 84-32; 11-10-1987 by Ord. No. 87-31; 3-8-1998 by Ord. No. 87-31A; 5-9-1989 by Ord. No. 89-24; 8-11-1998 by Ord. No. 98-19; 5-8-2001 by Ord. No. 01-13; 9-10-2002 by Ord. No. 02-31; 1-10-2006 by Ord. No. 05-29]
A. 
All connections made with or into any lines or any water mains or pipes under the control of the City shall be made under the supervision of the Director of Public Works and/or the Building Official, and no such connection shall be made without a permit to do so being first obtained.
B. 
Every person tapping into and connecting with the water mains so provided under this section, except as otherwise provided, shall pay into the City treasury connection fees according to the following schedule:
[Amended 3-10-2015 by Ord. No. 15-4]
Type
Fee
Single-family detached houses
$2,000
Apartments, Townhouses, Attached Condominiums, Quadruplexes & Duplexes (owner occupied or tenant occupied), per unit
$2,000
Motel/hotel, per room
$700
Hospital, per bed
$1,500
Nursing home, per bed
$750
C. 
Any commercial or industrial user tapping into and connecting with the water mains so provided under this section shall pay into the City treasury connection fees according to the following schedule:
Size of Meter
(inches)
Fee
 5/8
$2,000
1
$3,500
1 1/2
$7,000
2
$12,000
3
$23,000
4
$37,000
6
$73,000
8
$117,000
D. 
All persons occupying property in the City which is connected with the water system of the City and all persons who are required by law or ordinance to connect with such water system shall hereafter be required to connect to a water meter, which shall be installed, owned and controlled by the City.
E. 
The following is a definition of the materials to be furnished by the City in making water taps in accordance with this section: In making water taps, the City shall make the tap, furnishing corporation cock when necessary, lead goose neck, lead to iron coupling and curb cock to meter, but no other pipe. Pipe shall be supplied by the water taker or the water taker's plumber and must be a good quality three-fourths-inch Type K copper pipe, or larger sizes when necessary. Such pipe shall not be covered up until tested and inspected by the City Building Inspector.
[Amended 6-22-1976 by Ord. No. 76-22; 6-12-1984 by Ord. No. 84-32]
Water meters shall be furnished and installed by the City in all those subdivisions within the corporate limits of the City approved under and pursuant to the provisions of Chapter 250, Subdivision of Land, of this Code, at the rates provided in § 277-6.
[Amended 11-9-1977 by Ord. No. 77-44; 6-10-1980 by Ord. No. 80-36; 7-8-1980 by Ord. No. 80-37; 5-8-1990 by Ord. No. 90-11; 8-11-1998 by Ord. No. 98-19; 6-14-2016 by Ord. No. 16-20; 7-10-2018 by Ord. No. 18-22; 4-21-2020 by Ord. No. 20-11; 9-13-2022 by Ord. No. 22-14; 8-13-2024 by Ord. No. 24-18]
A. 
Meters shall be read every two months by the properly authorized personnel, and utility bills shall be prepared therefrom by the Department of Finance and deposited in the United States mail not later than the first working day of the month after the meters are read. Such bills so rendered shall be due and payable in the Finance Department's Billing and Collections Office on or before 5:00 p.m. of the 25th calendar day of the month in which rendered; and if not so paid, a penalty of 8% shall be added to the bill. Bills shall be paid by cash, check, money order, debit card, credit card, or an electronic form of payment the Department of Finance accepts.
B. 
For each customer, water service shall not be disconnected when the forecasted temperature is at or above 92 degrees Fahrenheit within 24 hours following the scheduled disconnection; and no customer shall be disconnected from water service for nonpayment of bills or fees on Fridays, weekends, state holidays, or the day immediately preceding a state holiday. No customer shall have his service disconnected due to the nonpayment of bills or fees until the customer's account is 45 days in arrears. Disconnection of water service for customers shall comply with the disconnection for nonpayment policy referenced in Subsection A of § 277-4 of this Chapter.
C. 
Any delinquent account shall be returned to active status only after all delinquent amounts, penalties, and a $50 administrative fee have been paid.
[Last amended 12-10-2024 by Ord. No. 24-21[1]]
A. 
All persons or businesses within the City receiving water the City supplies through meters shall pay a base bimonthly charge of $13.14, plus a bimonthly capital water infrastructure charge of $6.00, and the following additional bimonthly charge depending on water usage:
Amount
(cubic feet)
Charge per 1,000 Cubic Feet
5,000 or less
$16.81
Next 20,000
$18.59
Next 100,000
$20.60
All over 125,000
$22.71
B. 
All persons or businesses outside the City receiving water the City supplies through meters shall pay a base bimonthly charge of $21.60 and an additional bimonthly charge of $19.37 per 1,000 cubic feet of water usage.
[1]
Editor's Note: This ordinance stated that it is to be in effect for all bills rendered on and after 1-1-2025.
[Amended 6-10-1980 by Ord. No. 80-39; 8-11-1998 by Ord. No. 98-19]
Should any property owner desire the water cut off at the meter for his convenience, the Utility Billing Department shall make such cutoff and turn the water on again at the request of the property owner. A fee of $5 shall be charged for this service, which fee shall be added to the next regular water bill.
It shall be unlawful to break, injure, mark, deface, interfere with or disturb any building, machinery, apparatus, mains, pipes, meters, fixtures, attachments or appurtenances of the waterworks system or any part thereof or commit any act tending to obstruct or impair the intended use of the above-mentioned property without authority of the City Council, or excepting cases provided in this Code or otherwise provided by ordinance. The waterworks system referred to in this section shall not include the pipes, fixtures, etc., owned and maintained by the consumer.
Whenever the water supply of any person renting water from the City has been cut off by the City for failure to pay the water rent as provided by this chapter, it shall be unlawful for any person other than the proper officials or employees of the City to turn the water supply on again.
All hydrants erected for the purpose of extinguishing fires are hereby declared to be public hydrants, and no person, except the members of the Fire Department or persons especially authorized by the City Manager, and then only in the exercise of the authority delegated, shall open any of the hydrants or uncover or remove any protection from or in any manner interfere with such hydrants.
[Amended 8-11-1998 by Ord. No. 98-19]
Only persons authorized so to do by the City Manager or the Director of Public Works shall use the stopcock at any water meter. The fact that water has been turned off or on at any such stopcock without permission of the City shall give rise to a prima facie presumption that the occupant, or the owner if there is no occupant, of the premises served by such stopcock stands in violation of this section, but such prima facie presumption may be rebutted by competent evidence. The City reserves the right in any case of a violation of this section to remove the meter and to refuse water service to the premises served thereby until all penalties imposed for the violation have been paid.
The City does not guarantee a regular and uninterrupted supply of water to any consumer and shall not be liable for any failure to supply the same, nor shall it be liable for any claim of damage by reason of the breaking of any main, service pipe, stopcock or other equipment or if for any reason the supply of water shall be shut off to make repairs, connections or extensions or for any other reason whatsoever. The right is reserved to cut off the supply of water at any time. When possible to do so, reasonable notice of such discontinuance shall be given to the consumers affected.
[Added 8-11-1992 by Ord. No. 92-25]
A. 
The City Manager shall promulgate regulations concerning cross connections and backflow prevention (the "Regulations") which are consistent with the objectives of the State Board of Health Waterworks Regulations of 1974, as amended, and all other applicable state or federal laws and regulations. The Regulations shall be filed with the Office of the City Clerk as provided by City Charter § 20.5 and shall be subject to amendment by Council.
B. 
The Regulations shall be enforced by the Director of the Department of Public Works, or his designated agents, under the direction of the City Manager.
[Added 4-21-2020 by Ord. No. 20-11]
A. 
Notwithstanding any other provision in this Chapter, once the Director of Emergency Services declares a City disaster pursuant to City Code § 27-10, the City Manager is authorized to impose a moratorium on disconnections of water service, due to non-payment of charges, during the declared disaster and for up to 60 days after the end of the declared disaster.
B. 
Nothing in Subsection A of this section shall be interpreted to prevent disconnection of water service when a property owner voluntarily requests the disconnection.
[Added 10-16-2007 by Ord. No. 07-26]
A. 
Purpose. The purpose of this Article is to establish water conservation measures to be imposed when the Appomattox River Water Authority ("ARWA") requests or directs such restriction or when the governor of the Commonwealth or other state or federal authority, pursuant to applicable law, declares an emergency, imposes mandatory water conservation measures, and authorizes the City to enforce such measures.
B. 
State or federal measures. Should the Governor or other state or federal authority, pursuant to applicable law, declare an emergency, impose mandatory water conservation measures, and authorize the City to enforce such measures, the City shall enforce those measures pursuant to this Article to the extent that such measures impose greater restrictions on the use of water than those in this Article. Otherwise, any water conservation measures imposed by this Article shall remain in effect.
C. 
Exemptions. This Article shall not apply to any governmental activity, institution, business, residence, or industry when it has been determined by the City Manager that an exemption is necessary for the following:
(1) 
The public health, safety and welfare;
(2) 
The prevention of severe economic hardship or the substantial loss of employment; or
(3) 
The health of any person.
Recycled water and water supplied from public or private groundwater sources shall also be exempt from this Article.
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Article, except where the context clearly indicates a different meaning:
BUCKET
A bucket or other container holding five gallons or less when used singly by one person.
EMERGENCY WATER CONSERVATION MEASURES
Those measures to be taken when ARWA notifies the City Manager that Lake Chesdin has a one-hundred-twenty-five-day supply of water remaining.
ESTABLISHED LANDSCAPE
Landscape or lawn made up of plants or seeds planted in or transplanted to an area that is more than 30 days old.
GARDEN
Any noncommercial garden planted primarily for household use. The term "noncommercial" as used in this definition includes the incidental direct sale of items from such a garden to the public.
HANDHELD HOSE
A hose attended by one person and fitted with a manual or automatic shutoff nozzle.
LANDSCAPE PLANT
Any member of the kingdom Plantae, including any tree, shrub, vine, herb, flower, succulent, ground cover or grass species that grows or has been planted outdoors.
LAWN
Ground that is covered with grass and is kept mowed.
MANDATORY WATER CONSERVATION MEASURES
Those measures to be taken when ARWA notifies the City Manager that Lake Chesdin has a two-hundred-day supply of water remaining.
NEW LANDSCAPE
Any landscape or lawn made up of plants or seeds planted in or transplanted to an area that is less than 30 days old.
PAVED AREAS
Streets, sidewalks, driveways, patios, parking lots, and other surface areas covered with brick, paving, tile or other material through which water cannot pass.
RECYCLED WATER
Water originally potable but circulated for reuse after delivery from the public water system.
SWIMMING POOL
Any structure, basin, chamber or tank, including hot tubs, containing an artificial body of water for swimming, diving or recreational bathing and having a depth of two feet or more at any point.
VOLUNTARY WATER CONSERVATION MEASURES
Those measures to be taken when ARWA notifies the City Manager that the Lake Chesdin water level is one foot below the spillway.
A. 
In general. The City Manager shall declare the imposition of voluntary, mandatory or emergency water conservation measures whenever ARWA notifies him of the need for such a declaration. Notices of the implementation and termination of the water conservation measures shall be publicly announced and published in a daily newspaper for at least one day. The implementation or termination of the measures shall become effective immediately upon publication of the respective notice. In addition, the City Manager shall enforce water conservation measures when the Governor or other state or federal authority declares an emergency, imposes mandatory water conservation measures, and authorizes such City enforcement of the measures.
B. 
Voluntary conservation measures. When voluntary water conservation measures are in effect, the City Manager shall request the general public, businesses and public agencies in the City to implement and comply with the following water use reduction measures:
(1) 
Paved areas. Reduce washing to any hours during any two days in a week. Washing paved areas for immediate health and safety is exempted.
(2) 
Swimming pools. Reduce filling and replenishing to levels required to maintain health and safety.
(3) 
Gardens and established landscape. Reduce watering to hours between 8:00 p.m. and 8:00 a.m. on any days. Watering by bucket is unrestricted.
(4) 
Vehicle washing. Reduce noncommercial washing of mobile equipment to any hours during any two days in a week using a handheld hose having a positive (i.e., automatic) shutoff nozzle. Commercial mobile equipment washing businesses are exempt.
(5) 
Restaurants. No restrictions.
(6) 
Public utilities. Reduce scheduled sewer and hydrant flushing by 50%. Flushing to meet immediate health and safety requirements is exempt.
(7) 
New landscape. Watering unrestricted during the first 30 days after planting and shall conform to Subsection B(3) of this section after the 30 days.
C. 
Mandatory conservation measures. When mandatory water conservation measures are in effect, the general public, businesses and public agencies shall comply with the following water use restrictions:
(1) 
Paved areas. Washing prohibited except for immediate health and safety requirements.
(2) 
Swimming pools. Reduce filling and replenishing to levels to maintain health and safety.
(3) 
Gardens and established landscapes. Water only from 8:00 p.m. on Tuesdays to 10:00 a.m. on Wednesdays; 8:00 p.m. on Thursdays to 10:00 a.m. on Fridays; and 8:00 p.m. on Saturdays to 10:00 a.m. on Sundays. Watering by bucket is unrestricted.
[Amended 11-8-2007 by Ord. No. 07-28]
(4) 
Vehicle washing. Limit noncommercial washing of mobile equipment to Saturdays only using a handheld hose having a positive (i.e., automatic) shutoff nozzle. Commercial mobile equipment washing businesses are exempt.
(5) 
Restaurants. Serve water to customers only upon request.
(6) 
Public utilities. Conduct sewer and hydrant flushing only to the extent required to meet immediate health and safety needs.
(7) 
New landscape. Water unrestricted during the first 30 days after planting and shall conform to Subsection C(3) of this section after the first 30 days.
D. 
Emergency conservation measures. When emergency water conservation measures are in effect, the general public, businesses, and public agencies shall comply with the following water use restrictions:
(1) 
Paved areas. Washing prohibited except for immediate health and safety requirements.
(2) 
Swimming pools. Prohibit filling and replenishing unless in a health care facility.
(3) 
Gardens and all landscapes. Water only from 8:00 p.m. on Wednesdays to 10:00 a.m. on Thursdays. Watering by bucket is unrestricted.
[Amended 11-8-2007 by Ord. No. 07-28]
(4) 
Vehicle washing. No noncommercial washing. Commercial mobile equipment washing businesses are exempt.
(5) 
Restaurants. Serve water to customers only upon request.
(6) 
Public utilities. Conduct sewer and hydrant flushing only to the extent required to meet immediate health and safety needs.
A. 
In general.
(1) 
Violation. It shall be a violation of this Article for any person to intentionally, knowingly, recklessly or negligently use, cause the use of or permit the use of water in violation of any of the mandatory or emergency sections of this Article.
(2) 
Evidentiary presumptions. For purposes of this Article, when water has been used in a manner contrary to a mandatory or emergency section of this Article, it shall be presumed that the person in whose name a water meter connection is registered with the City has knowingly used, caused the use of or permitted the use of water in such a contrary manner. Proof that a particular premises had a water meter connection registered in the name of the defendant cited in a pleading filed pursuant to this Article shall constitute in evidence a prima facie presumption that the defendant is the person who used, caused the use of or permitted the use of water in a manner contrary to any mandatory or emergency section of this Article.
B. 
Violations of mandatory restrictions. On the first offense, a person violating a mandatory restriction pursuant to this Article shall receive a written warning. On the second offense, the person shall be assessed a civil penalty of $50. On the third offense, the person shall be assessed a civil penalty of $100. On the fourth and any subsequent offense, the person shall be assessed a civil penalty of $200. Any civil penalty imposed pursuant to this paragraph shall be added to and become part of the offending person's City water bill; and such civil penalty, if unpaid, shall be collected in any manner authorized for the collection of the City's water bills.
C. 
Violations of emergency restrictions. On the first offense, a person violating an emergency restriction pursuant to this Article shall be assessed a civil penalty of $100. On the second offense, the person shall be assessed a civil penalty of $200. On the third offense, the person shall be assessed a civil penalty of $300. On the fourth and any subsequent offense, the person shall be assessed a civil penalty of $400. Any civil penalty imposed pursuant to this paragraph shall be added to and become part of the offending person's City water bill; and such civil penalty, if unpaid, shall be collected in any manner authorized for the collection of the City's water bills.
A. 
Appeals. A person shall have the right to appeal to the City Manager upon receiving written notice of any violation or upon the imposition of a civil penalty. The City Manager shall notify the person of the time and place for the hearing of the appeal within a reasonable time prior to such hearing, which shall occur no more than 15 business days after the City Manager receives notice of the appeal. The City Manager shall notify the person in writing of the City Manager's final decision no more than 15 business days after the hearing.
B. 
Enforcement. The City Manager is authorized to designate any qualified personnel under his supervision to enforce this Article, including the imposition of civil penalties; and he is authorized to implement policies or rules for the administration of this Article.