7553.9. - FAILURE TO COMPLY. PENALTIES.

It shall be unlawful and a misdemeanor for any customer to fail to comply with any provision of this Urgency Ordinance. Civil penalties for failure to comply with any of the provisions of this Urgency Ordinance shall be as follows:

For the first violation by any customer of the Water Division of any of the provisions of subsections 7553.7.2, 7553.7.3, 7553.7.4, 7553.7.5, 7553.7.6, 7553.7.7 and 7553.7.8, a surcharge penalty, in addition to the current water rate, is hereby imposed in an amount equal to two times the current water rate for those billing units used in excess of base.

(Amended by Ord. 2036 adopted 4-4-95)

For the second violation by any customer of the Water Division of any of the provisions of subsections 7553.7.2, 7553.7.3, 7553.7.4, 7553.7.5, 7553.7.6, 7553.7.7 and 7553.7.8, a surcharge penalty, in addition to the current water rate, is hereby imposed in an amount equal to three times the current water rate for those billing units used in excess of base.

(Amended by Ord. 2036 adopted 4-4-95)

For the third violation by any customer of the Water Division of any of the provisions of subsections 7553.7.2, 7553.7.3, 7553.7.4, 7553.7.5, 7553.7.6, 7553.7.7 and 7553.7.8, a surcharge penalty, in addition to the current water rate, is hereby imposed in an amount equal to four times the current water rate for those billing units used in excess of base.

(Amended by Ord. 2036 adopted 4-4-95)

Penalties will be assessed for a billing period in which a violation occurs. The first, second, and third violations will be determined by the number of items in the preceding twelve (12) months in which violations have occurred.

PROGRAM).

During Phases II through VIII of the Mandatory Water Conservation Plan, a customer whose water use is below the allotment for that billing period may carry forward this underused amount of water as credit to a future billing period ("banking"). This underused amount of water may offset the use of water in excess of the allotment in a succeeding billing period or periods when a penalty would have been charged for overuse of water. When a customer has exhausted all credits, penalties as outlined in Sections 7553.9.1, 7553.9.1.1 and 7553.9.1.2 shall apply to water units used in excess of the allotment.

Every time Phases II through VIII of the Mandatory Water Conservation Plan are rescinded by Resolution of the City Council, all credits in the bank will be returned to zero and will not be carried over from one period of mandatory conservation to another.

(Added by Ord. 2036 adopted 4-4-95)