§ 154-73.6. Enforcement, penalties for violation and termination of service.

(a)

Liability and conditional provision of water services. No resident or customer shall use or allow the use of water in violation of the restrictions contained in this ordinance or restrictions issued by the commissioner pursuant to this ordinance. All customers of water services are required to comply with this ordinance and restrictions issued pursuant to this ordinance as a condition of continued water services.

(b)

Enforcement authority. The department of watershed management shall be the enforcement authority for this ordinance. The mayor may also authorize other departments in the city as may be deemed necessary to support enforcement.

(c)

Administrative penalties and termination of water service. No customer shall use or allow the use of water in violation of any provision of this ordinance or restrictions issued by the commissioner pursuant to this ordinance.

(1)

Violators of this ordinance or restrictions issued by the commissioner pursuant to this ordinance shall be subject to the following schedule of administrative penalties:

a.

First violation. Written notice mailed to the property or posted at the property where the violation occurred.

b.

Second violation. An administrative penalty of one hundred dollars ($100.00) placed upon the water bill of the customer's property where the violation occurred.

c.

Third violation. An administrative penalty of two hundred fifty dollars ($250.00) placed upon the water bill of the customer's property where the violation occurred.

d.

Fourth and subsequent violations. An administrative penalty of five hundred dollars ($500.00) placed upon the water bill of the customer's property where the violation occurred, or service termination including charges for reconnection of service, or both.

(2)

Notice. Notices of violation for the first and all subsequent violations of the prohibitions in this ordinance shall be posted at the property or sent by first class mail to the customer of record. The notice shall be in writing, include the address of where the violation occurred, the restriction which has been violated, and the consequences of subsequent violations. In the case of multi-family residential dwellings where two or more units are served by a single meter, written notice shall be mailed to the person in whose name the water bill is issued and administrative penalties shall be assessed accordingly.

(3)

Any administrative penalties imposed pursuant to this section shall be payable to the City of Atlanta, remitted to the Water and Wastewater Operation and Maintenance Fund (5051), and shall commence on the date of issuance of any notice of violation. Any such administrative penalties shall become a part of the customer's regular bill for service. Failure to remit payment shall be subject to the rules, procedures and penalties under Chapter 154, Article III, Section 120, Nonpayment of Bills.

(4)

Any customer aggrieved or adversely affected by an administrative penalty imposed pursuant to this ordinance shall have an opportunity to request and be given a hearing before the water and sewer appeals board, established under Chapter 154, Article II, wherein the aggrieved or adversely affected customer shall have an opportunity to show cause as to why an administrative penalty or other enforcement action under this ordinance should not be taken,

a.

An aggrieved or adversely affected customer may request a show cause hearing by filing a written appeal to the water and sewer appeals board with the commissioner of the department of watershed management, setting forth the basis of the appeal, provided that such appeals shall be forwarded to the water and sewer appeals board only if filed within seven business days of the date that the written notice to customers regarding their right to request a show cause hearing on or before the due date of the administrative penalty or other enforcement action is to be disputed.

b.

Upon receipt by the commissioner of the department of watershed management of a request for a show cause hearing, customers shall not be required to pay the administrative penalty or be subject to service termination for nonpayment of such administrative penalty, until final determination by the water and sewer appeals board, provided however, that a request for a show cause hearing shall not affect authority of the city to require full payment of other amounts under Chapter 154, Article II, Water Sewer Appeals Board, or to collect other amounts in dispute under Chapter 154, Article III, Water.

c.

Any administrative penalties imposed pursuant to this ordinance may at the discretion of the commissioner under extraordinary circumstances, be waived or reduced.

(Ord. No. 2007-39(07-O-0956), § 8, 6-26-07; Ord. No. 2010-70(10-O-1914), § 8, 12-15-10)