Skip to main content
Loading…
This section is included in your selections.

A. Penalties for Failure to Comply with Water Conservation Requirements--Water Wasting.

1. For a first violation the utility shall issue a written “first notice of violation” and provide educational materials on water conservation, including a copy of the relevant provisions of this chapter, by mail to the service address. The utility shall give the customer three (3) weeks from the date of the written notification to correct the violation.

2. Failure to correct the violation identified in the written “first notice of violation” will result in a written “second notice of violation” with reference to the previous violation and possibility of future actions including fines and discontinued water service. Notificaiton will be sent by mail to the service address and an attempt to contact the customer of record via telephone. The utility shall give the water customer three (3) weeks from the date of the second written notification to correct the violation.

3. Failure to correct the violation identified in the written “second notice of violation” will result in a written “third notice of violation” delivered by certified mail. Additionally, a one hundred dollar ($100.00) fine will be imposed. The fine shall be added to the customer’s account. Failure to pay any portion of a customer’s account, including any fines imposed pursuant to this section, shall subject said account to termination of water service in accordance with the provisions of this section. The utility shall give the water customer three (3) weeks from the date of the third written notification to correct the violation.

4. Failure to correct the violation identified in the written “third notice of violation” will result in a written “fourth or subsequent notice of violation” delivered by certified mail. Additionally, the utility shall impose a fine equal to twice the average monthly billing for the immediately preceding six (6) month period for the meter through which the water was supplied. This fine shall be applied every month corrective action is not taken. The fine shall be added to the customer’s account. Failure to pay any portion of a customer’s account, including any fines imposed pursuant to this section, shall subject said account to termination of water service in accordance with the provisions of this section.

B. Penalties for Failure to Comply with Water Conservation Levels II Through IV During a Town Declared Potable Water Shortage.

1. Termination of Water Service for Violation. For failure to comply with any water conservation water restriction pertaining to water use or misuse, the Water Utility Director, or a designated representative, shall have authority to take actions, including mandatory measures up to and including disconnection of service, and other such enforcement actions as are required or deemed necessary to assure compliance with the water restrictions specified in water conservation Levels II through IV. In notification of such a violation, a written notice shall be placed on the property where the violation occurred; and a duplicate shall be mailed to the billing account address for the service where the violation occurs, and to any other person known to the Water Utility who is responsible for the violation or its correction. Said notice shall describe the violation and order that it be corrected, caused or abated immediately or within such specified time as the Water Utility determines is reasonable under the circumstances. If said order is not complied with, the Water Utility may forthwith disconnect the service where the violation occurs. If a service is disconnected, assessment of a reconnection fee will be assessed and collected before service is restored.

2. Upon a second violation at the same property or by the responsible party, disconnection may be ordered immediately, and the service shall not be reconnected unless a device supplied by the Water Utility that will restrict the flow of water to said service is installed. Furthermore, a fee for reconnection will be assessed and collected before service is restored.

3. In addition to any other legal or equitable remedy to enforce the provisions of this code, the Town of Oro Valley may terminate or suspend water service to property owned or controlled by any party in violation of any provision in this code. The Water Utility Director, or a designated representative, may cause a notice of water termination to be served upon the violating party stating that service will be discontinued in a predetermined number of days unless a hearing is requested.

C. Right to a Hearing. A hearing may be requested in writing to the Water Utility Director or designated representative, on or before the expiration of said specified number of days. If a hearing is requested, the Water Utility Director, or a designated representative, shall convene a hearing within three (3) business days of receipt of the written request. The requesting party may appear before the Water Utility Director, or a designated representative, and may present such evidence and reasons such party may have for not effectuating a termination or suspension of water service and may bring to the hearing such other persons or evidence as such party may desire. After hearing, and upon finding that such a violation has occurred, the Water Utility Director, or a designated representative, may order that water service be terminated or suspended pending compliance with the provisions of this code. Termination of water service and reconnection of service is subject to all applicable charges, fees and penalties. The hearing shall not be conducted in accordance with the formal rules of evidence. Testimony may be taken under oath, with the right to cross-examine witnesses. The decision of the Water Utility Director, or designated representative, shall be final. ((O)21-09, 09/08/2021)