§ 13.10.075. Right to hearing—Stay.

Any customer receiving a notice of violation with a monetary fine, potential flow restrictor or service disconnection shall have a right to a hearing by the general manager of the department, or his or her designee, on the merits of the alleged violation upon that customer's written request to the department. Customer's written request for a hearing must be received by the department within 10 days of the date of notification of the violation or customer's right to a hearing shall be deemed waived. The customer shall be deemed notified of a violation upon the personal delivery of the notice to customer or, if personal delivery is not given, the date on which the notice is placed in the regular mail. The customer's timely written request for a hearing shall automatically stay the imposition of penalty until the general manager of the department, or his or her designee, renders a decision. No other or further stay shall be granted by the department. The department may issue regulations to govern the contents of the request for hearing and the manner in which such hearings may be conducted.

A customer may, with the concurrence of the general manager, waive the right to hearing and elect one of the following options in lieu of the imposition of a penalty: (i) complete a water efficiency training class offered by the department; (ii) complete all recommendations presented in a landscape audit; (iii) retrofit inefficient fixtures or irrigation systems; and/or (iv) timely complete such other water savings program as the department may establish for the customer. The customer and the department shall establish a timetable for completion of the selected option. In event the customer fails to satisfactorily and completely perform the option within the established timetable, the department shall impose the penalty. A customer shall not be eligible to elect the same option more than once within a 12-month period.

(Ord. 6289 § 2 (part), 1988: Ord. 6275 § 1 (part), 1988)

(Ord. No. 7165, § 17, 6-1-2009; Ord. No. 7298, § 12, 3-13-2017)