10-1-11: PENALTY; CIVIL REMEDIES:

   A.   Misdemeanor Penalty: Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a penalty as provided in section 1-4-1 of this Code. (1952 Code § 8-16-09)

   B.   Criminal Remedies: In addition to, and exclusive of the criminal remedy provided by this chapter, the following civil remedies may be invoked:

      1.   Injunction: The City may seek a temporary restraining order or may institute injunctive, abatement or any other appropriate proceedings to prevent or temporarily or permanently enjoin or abate existing or proposed violations of the provisions of this chapter.

      2.   Disconnection: The City may discontinue service to any user who fails to comply with the provisions of this chapter after ten (10) days' written notice to comply. Except in the case of a threat to the public health and safety, the user may request a hearing before the Public Works Commission within ten (10) days of service of notice. The Public Works Commission shall conduct a hearing at its earliest possible convenience to determine if disconnection should occur. The user shall be given notice of such hearing and shall be given the opportunity to present evidence at such hearing. The determination of the Public Works Commission shall be in writing and may be appealed to the City Council.

      3.   Civil Damages: The City may seek civil damages, enforceable in a court of law, from any person violating the provisions of this chapter and by such violation causing the City additional costs to maintain and operate the Municipal irrigation system, or causing the City to be subject to penalties for violation of any State or Federal law. (1952 Code § 8-16-09; amd. Ord. 31-21, 6-22-2021)