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1995-01-02
CITY-OF-BATESVILLE
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1995-01-02
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r <br /> otherwise render it inaccessible. <br /> • 6.8 PENALTIES <br /> A. Any consumer found in violation of any of the provisions of the Ordinance, shall be <br /> served by the Approving Authority with written notice stating the nature of the <br /> violation, describing the penalty applicable to the violation and providing a <br /> reasonable time limit for the satisfactory correction thereof. The offender shall, <br /> within the period of time stated in such notice, permanently cease all violations. <br /> The consumer may deliver by certified mail to the Approving Authority, within five <br /> (5) days of receipt of such notice, a written request for a hearing before the <br /> Approving Authority at which hearing the consumer shall be given an opportunity <br /> to show cause why the notice should be rescinded or modified. <br /> B. Any notice issued pursuant to this sub-section may provide one or more of the <br /> following penalties: <br /> , <br /> (1) A compliance directive mandating procedures to bring the consumer into <br /> compliance with the Program within the designated time; failure to comply <br /> with the compliance directive shall result in termination of water service. <br /> (2) A withdrawal of the Consumers backflow prevention assembly permit and <br /> termination of water service to the consumer. <br /> C. No action to withdraw a consumer's permit shall be final until the Approving <br /> Authority has given notice described herein and conducted the show cause hearing, <br /> if requested. <br /> D. However, if the Approving Authority determines that to continue to provide water <br /> service will endanger the public health, due to possible contamination of the Water <br /> System, water service to the property shall be immediately terminated. <br /> E. Any person violating the provisions of this Ordinance shall become liable to the <br /> BWU for any expense, loss or damage occasioned the BWU by reason of such <br /> violation. <br /> F. The listing of penalties in this Section shall not preclude other appropriate judicial <br /> remedies available to BWU for any violation of the Program. The BWU may <br /> petition any Court of competent jurisdiction to grant injunctive or other legal or <br /> equitable relief by reason of a violation. <br /> G. Any person maliciously, willfully, or negligently breaking, damaging, destroying, <br /> defacing, or tampering with any structure, appurtenance or equipment which is a <br /> 23 <br />
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