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17.36.120 Enforcement.

City Code Section
  1. A. Violations. It is a violation for any person to fail to comply with the requirements of this Chapter or associated rules. Each day a violation occurs or continues may be considered a separate violation. BES will hold the person or persons solely responsible for complying with BES enforcement actions. Violations of this Chapter or associated rules include, but are not limited to:
    1. 1. Meter tampering. It is unlawful to install, change, bypass, adjust, or alter any metering device or piping arrangement connected therewith in order to falsify the quantity of water discharging to the public sewer and drainage system.
    2. 2. Sampling tampering. It is unlawful to tamper in any manner with City-owned or City-installed sampling equipment or samples therefrom.
    3. 3. Falsifying applications of record. Ratepayers shown to have falsified applications and records may be subject to enforcement.
    4. 4. Denial of entry. Ratepayers that do not allow the City right-of-entry as described in this Chapter may be subject to enforcement.
  2. B. Enforcement. Enforcement actions may include, but are not limited to:
    1. 1. Withholding of City services;
    2. 2. Withholding of City permits;
    3. 3. Reversal or suspension of reduced charges or credits, as appropriate, and disqualification from applicable program participation;
    4. 4. Account billing for the full amount of water passing through the supply meter or an amount deemed appropriate by the City Administrator; and
    5. 5. Assessed civil penalties per Administrative Rule ENB-4.15.
  3. C. Civil remedies. 
    1. 1. In addition to the remedies provided by any other provision of this Chapter, the City may obtain, in any court of competent jurisdiction, a judgment against a person or property failing to comply with the provisions of this Chapter. In any such action, the measure of damages will be the costs for abatement by the City, administrative costs, permit charges, overhead costs, penalties, and other charges as determined by the City Administrator.
    2. 2. In addition to any other remedy provided in this Chapter, the City Attorney, acting in the name of the City, may commence and maintain an action or proceeding in any court of competent jurisdiction to compel compliance with, or prevent by injunction, the violation of any provision of this Chapter.

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