South Pasadena Municipal Code Art. V Violations and Penalties

(a) Violation. A customer shall be responsible for all uses of water served by the customer’s water meter. Violation of any of the provisions of this chapter shall be the responsibility of the customer.

(b) Penalties. Monetary penalties imposed under this chapter shall be collected by adding the same to the customer’s water bill and shall be payable at the same time and in the same manner as such bills or by such other method of collection and payment as established by the department. Penalties for failure to comply are as follows:

(1) First Violation. The department will issue a written notice of violation. Said notice shall contain, in addition to the facts of the violation, a statement of the possible penalties for each violation and a statement informing the customer of his or her right to a

hearing on the merits of the alleged violation.

(2) Second Violation. A second violation within the preceding twelve calendar months is punishable by a fine of one hundred dollars.

(3) Third Violation. A third violation within the preceding twelve calendar months is punishable by a fine of two hundred dollars.

(4) Fourth and Subsequent Violations. After a fourth or subsequent violation, the department may elect to impose a fine of five hundred dollars and disconnect a customer’s service, in addition to the financial surcharges provided for herein. Disconnection of service may be undertaken only after a public hearing held by the department in accordance with SPMC Section 35.93. All costs incurred to reconnect service shall be the responsibility of the customer. (Ord. No. 2268, § 6, 2014.)

(a) Violation. A customer shall be responsible for all uses of water served by the customer’s water meter. Violation of any of the provisions of this chapter shall be the responsibility of the customer.

(b) Penalties. Monetary penalties imposed under this chapter shall be collected by adding the same to the customer’s water bill and shall be payable at the same time and in the same manner as such bills or by such other method of collection and payment as established by the department. Penalties for failure to comply are as follows:

(1) First Violation. The department will issue a written notice of violation. Said notice shall contain, in addition to the facts of the violation, a statement of the possible penalties for each violation and a statement informing the customer of his or her right to a hearing on the merits of the alleged violation. Notice of violation shall be sent through regular mail to the address at which the customer is billed by the department.

(2) Second Violation. A second violation within the preceding twelve calendar months is punishable by a fine of two hundred dollars.

(3) Third Violation. A third violation within the preceding twelve calendar months is punishable by a fine of four hundred dollars.

(4) Fourth and Subsequent Violations. After a fourth or subsequent violation, the department may elect to impose a fine of one thousand dollars and disconnect a customer’s service, in addition to the financial surcharges provided for herein. Disconnection of service may be undertaken only after a public hearing held by the department in accordance with SPMC Section 35.93. All costs incurred to reconnect service shall be the responsibility of the customer. (Ord. No. 2268, § 6, 2014.)

The department shall give notice of each violation of this chapter to the customer committing such violation as follows:

(a) For any violation of said provisions the department may give written notice of the fact of such violation to the customer personally, by posting a notice at a conspicuous place on the customer’s premises, or by United States mail, first class, postage prepaid, addressed to the customer’s billing address.

(b) If the penalty assessed is, or includes, the termination of water service to the customer, notice of the violation shall be given in the following manner:

(1) By giving written notice thereof to the customer personally; or

(2) If the customer is absent from or unavailable at either his or her place of residence or his or her place of business, by posting a notice at a conspicuous place on the customer’s premises, and sending a copy through the United States mail, first class postage prepaid, addressed to the customer at his or her place of business, residence, or such other address provided by the customer for bills for water or electric service if such can be ascertained. (Ord. No. 2268, § 6, 2014.)

Any customer receiving a notice of violation shall have a right to a hearing by the city manager or his/her designee on the merits of the alleged violation upon that customer’s written request to the department. Customer’s written request for a hearing must be received by the department within ten days of the date of notification of the violation or customer’s right to a hearing shall be deemed waived. The customer’s timely written request for a hearing shall automatically stay the imposition of penalty until the hearing officer renders a decision. No other or further stay shall be granted by the department. Any customer dissatisfied with the hearing officer’s dispute determination may appeal that determination within ten days of issuance to the Natural Resources and Environmental Commission whose decision shall become final within fifteen days of its issuance unless appealed to city council. The city may issue regulations to govern the contents of the request for hearing and the manner in which such hearings may be conducted. (Ord. No. 2268, § 6, 2014.)

The rights of the department hereunder shall be cumulative to any other right of the department to discontinue service. All monies collected pursuant to the penalty provisions of this chapter shall be deposited in the water fund. (Ord. No. 2268, § 6, 2014.)

Notwithstanding any other provision of law, and in addition thereto, and not in lieu thereof, any willful misrepresentation of a material fact by any person to the department, made for the purpose of securing relief from the provisions of this chapter for any customer, is unlawful. A violation of this chapter shall be punishable by a fine not exceeding the sum of one thousand dollars. (Ord. No. 2268, § 6, 2014.)

APPENDIX A

Maximum Applied Water Allowance (MAWA)

MAWA = (ETo)(0.62)[0.7 x LA) + 0.3 x SLA)]

Where:

ETo = Annual Reference Evapotranspiration of 52.3

0.7 = ET Adjustment Factor

LA = Landscaped Area

0.62 = Conversion factor (to gallons per square inch)

SLA = Portion of the Landscaped Area identified as Special Landscaped Area (square feet)

0.3 = the additional ET Adjustment Factor for SLA (1.0 – 0.7 = 0.3)

Estimated Annual Applied Water Use (EAWU)

EAWU = (ETo)(0.62)[(Σ PF x HA)/0.71) + SLA]

Where:

ETo = Annual Reference Evapotranspiration of 52.3

0.62 = Conversion factor (to gallons per square inch)

PF = Plant Factor for each Hydrozone Area

HA = Hydrozone Area (square feet)

Σ PF x HA = the sum of each PF x HA product

0.71 = Irrigation Efficiency factor

SLA = Special Landscaped Area (square feet) (Ord. No. 2242, § 2, 2013.)