§ 39-95. Penalty and enforcement.

(a)

Any person who violates any provision of this article shall be subject to the following civil penalties:

(1)

For the first offense, violators shall receive a written warning delivered in person or posted by a representative of the City of Lynchburg utilities division.

(2)

For the second offense, violators shall be fined $50.00, the fine to be imposed on the violator's next water bill, or in the case of violators not on the city's public water system, in a written notice.

(3)

For the third and each subsequent offense, violators shall be fined $100.00 for each offense, the fine to be imposed on the violator's next water bill, or in the case of violators not on the city's public water system, in a written notice.

(4)

Each violation by a person shall be counted as a separate violation by that person, irrespective of the location at which the violation occurs.

(5)

The city manager may suspend water service to any person continuing to violate the provisions of this article or the regulations promulgated thereunder. If such water service is terminated, the person shall pay a reconnection fee of $50.00 before service is restored.

(b)

Persons who have been assessed a penalty shall have the right to challenge the assessment by providing a written notice to the director of utilities within ten days of the date of the assessment of the penalty. The director or his designee shall determine that the penalty was properly assessed and notify the complaining person in writing of his determination. Should the director or his designee determine that the penalty was properly assessed, the person may appeal that determination by providing written notice to the public works director within ten days of receiving the notice determination. The public works director or his designee shall determine whether the penalty was properly assessed and notify the complaining person in writing of his determination.

(c)

The director of utilities or his designee may waive the penalty if he determines that the violation occurred due to no fault of the person.

(Ord. No. O-02-175, 9-24-02)

(Ord. No. O-02-175, 9-24-02)