Tracy Municipal Code Art. 3 Authority, Enforcement, Fines and Property Owner Responsibility

The following officers and employees are authorized to enforce this chapter, including issuing an order to cease and desist and/or a notice of intention to impose a penalty: City Manager, Director of Development Services, Director of Public Works, Director of Utilities, Water Resources Coordinator, Water Resources Analyst, Environmental Control Officer, Environmental Compliance Technician, Water Patrol, Sworn Peace Officers, Firefighters, and Code Enforcement Officers.

(Prior code § 11-7.301)

(Ord. No. 1196, § 1 (Exh. A), 6-16-2015; Ord. No. 1227, § 1(Exh. A), 10-18-2016)

The City Manager or his/her designee is charged with primary responsibility for the implementation and enforcement of this chapter. If there is a conflict between two stages (at Sections 11.28.160 through 11.28.210), the more restrictive stage shall apply. The Director shall prepare the forms, warnings, and similar documents as he or she deems necessary or appropriate to implement this chapter.

(Prior code § 11-7.302)

(Ord. No. 1196, § 1 (Exh. A), 6-16-2015; Ord. No. 1227, § 1(Exh. A), 10-18-2016)

(a) Cease and desist order. Upon a determination by the Director that a person has consumed or used water in violation of a mandatory provision of this chapter, the Director may issue an order to cease and desist from the violation, and further order that the person comply with this chapter, or otherwise take appropriate remedial or preventive action. The Director shall serve the order:

(1) Personally; or

(2) By leaving or posting a copy at the person's residence or place of business; or

(3) By mail.

(b) Notice of intent to impose a penalty. If, after the issuance of a cease and desist order, the person continues to consume or use, or again consumes or uses, water in violation of this chapter, the Director may issue a notice of intention to impose a penalty. The notice shall:

(1) Identify the date and time of the violation,

(2) State the amount of penalty to be imposed, and

(3) Advise the person of the appeal rights. The notice of intention shall be served in the same manner as the cease and desist order.

(c) Penalty. After the notice of intent to impose a penalty is served, a penalty shall be assessed in the amount of: One Hundred and no/100ths ($100.00) Dollars for the first violation, Two Hundred and no/100ths ($200.00) Dollars for the second violation, and Five Hundred and no/100ths ($500.00) Dollars for the third and each subsequent violation. The penalty is subject to collection in the same manner as utility service charges.

(d) Appeal. A person may appeal the imposition of the penalty assessed to the utility account. The person must request an appeal within fifteen (15) calendar days from the date of service of the notice of intention to impose a penalty. The request for an appeal hearing must be addressed to the City Manager and received by the City within the fifteen-day period. Failure to timely appeal constitutes a waiver of the right to appeal (and the penalty will be assessed).

(e) Appeal hearing. If timely requested, the appeal hearing shall be held before the City Manager, or his or her designee, who shall make a factual finding on the existence of a violation(s). The hearing shall be held within thirty (30) days from the date the City receives the appeal, unless continued by mutual consent. The hearing officer shall give notice by first class mail of the date and time of the appeal hearing, at least ten days before the hearing. The appellant may present witnesses and documentary evidence, and may be represented by anyone of his or her choosing. The decision of the hearing officer is final.

(Ord. 1040 § 5 Exh. E (part), 2002: prior code § 11-7.303)

(Ord. No. 1196, § 1 (Exh. A), 6-16-2015)

Access to service connections and water meters must be provided at all times to designated City personnel in possession of proper identification. Authorized employees of the City shall be admitted at all reasonable hours to all parts of any premises supplied with water, except the interior of dwellings but including the meter box, to ascertain compliance with the regulations contained in this chapter.

(Prior code § 11-7.304)

It shall be unlawful for any person to interfere with the City service lines, valves or meters or to construct a bypass around a meter or service.

(Prior code § 11-7.305)

Owners of property will be held responsible for water used on their premises, although payments will be accepted from tenants. If the tenants do not pay in accordance with the provisions of this chapter, the service may be disconnected and shall not be restored until the delinquent water charges, including the cost of water delivered, applicable surcharges, as well as the cost of reconnecting the service, have been paid. Owners of property shall be responsible for the maintenance of water pipes, water faucets, water plumbing fixtures, and all other water services appliances from the point the water meter exits into the plumbing of the property owner. No owner or manager or any other person responsible for the day-to-day operation of any premises shall fail to initiate steps to repair any leaking, broken or defective pipes, faucets, plumbing fixtures, other water appliances, sprinklers, watering or irrigation systems within seventy-two (72) hours after the owner or manager or other responsible person knew or should have known of such leaks, breaks or defects. A written request sent by certified mail to repair such defect or defects from a City representative shall constitute sufficient notice.

(Prior code § 11-7.306)

The City shall terminate service to any customer due to excessive violations of this chapter after written notice to the customer. The notice shall be posted on the door of the customer by door hanger at least two business days or sent by mail three business days before the termination of service. For purposes of this chapter, "excessive violations" means more than four violations within a six month period.

(Prior code § 11-7.307)

(Ord. No. 1196, § 1 (Exh. A), 6-16-2015)

It is unlawful for any person, firm, partnership, association, corporation, or political entity to use water obtained from the water system of the City through fraud, including misrepresentation made to obtain a particular allocation of water, or for any prohibited or restricted use as herein defined in this chapter.

(Prior code § 11-7.308)