§ 122-265. Enforcement.

(a)

No customer shall use or allow the use of water in violation of the restrictions on outdoor water use contained in or promulgated pursuant to this division.

(b)

The Cobb County Water System (CCWS) shall be the enforcement authority for this Division. The county manager may also authorize other county departments as may be deemed necessary to support enforcement. Upon a first violation of the outdoor water use restrictions pursuant to this division, a written notice will be posted by a CCWS or other authorized representative at the property where the violation occurred. Thereafter, notice of said violation shall be sent by first class mail to the customer of record. Such notice shall constitute the initial warning to the customer at such address, and no administrative penalty will be imposed. Upon a subsequent violation at the same customer's address that occurs after such warning, notice will be posted and mailed in the same manner as the initial warning, and the customer receiving CCWS service will be subject to administrative penalties for unauthorized use of water and/or unauthorized use of service pursuant to section 122-84(k) on a schedule approved by the board of commissioners.

(c)

Exercise of this option shall not be a bar to, or be a prerequisite for, taking other criminal and alternative actions permitted under this division.

(d)

Any administrative penalties imposed pursuant to this section may, at the discretion of the department director under extraordinary circumstances, be waived or reduced.

(e)

Any administrative penalties imposed pursuant to this section shall be payable to the CCWS, shall commence on the date of issuance of any notice of noncompliance, and shall not be affected by the filing of any appeal. Any such administrative penalties shall become a part of the customer's regular bill for service. Failure to remit payment as required under section 122-81 will subject the customer to a termination of service.

(f)

Any customer affected by an administrative penalty imposed pursuant to this section shall upon request be given a show cause hearing pursuant to section 122-44. Such request shall be in writing and delivered to the department director within 30 days of the posting of the violation for which the show cause hearing is requested.

(g)

Criminal and alternative penalties. Any violation of this section may also be enforced by a citation or accusation returnable to the magistrate court of the county pursuant to section 1-10 of the County Code or by any other legal means as set forth in this article.

(Ord. of 7-27-04; Amd. of 2-23-16)