§ 28-251. Violation of division.

(a)

Any person violating any of the provisions of this division shall, for each such offense, be subject to prosecution and penalties as provided in chapter 2, article III, of this Code, as amended from time to time. Any failure or refusal by an owner to connect to the district's water and/or sanitary sewer system after notification to do so, as hereinabove provided, or any failure or refusal to pay the charges or rates herein-above provided, shall be considered to be a violation of this division. Each day that such violation continues shall be deemed a separate offense. For purposes of this division, "person" shall have the meaning set forth in section 1-2 of this Code, as amended from time to time.

(b)

In addition to subsection (a) above, the department shall have the right to discontinue service in cases where an illegal connection is found, and assess an average water and/or sanitary sewer bill back for a period of twelve (12) months when it has been established that the consumer has been receiving water and/or sanitary sewer service for such period of time without payment for same.

(c)

In addition to any other remedies or relief available, the department may enjoin any violation of this division.

(d)

In addition to any other remedies or relief available, the department may assess a customer for any costs or expenses incurred in work required of department personnel to correct violations of this division, as a surcharge against subsequent account billings on the customer's account, apportioned on any basis determined by the department to be fair and equitable in balancing the rights and responsibilities of any individual customer with the rights and responsibilities of all the ratepayers in the district.

(Ord. No. 2005-19, § 16, 10-18-05)