37-120 Additional remedies.

(a)    If the Water Services Director has determined that a customer is violating or has violated a provision of this article, or is violating any of the terms or conditions of a permit or temporary permit issued under the provisions of this article, in addition to all other remedies available in this chapter, the Water Services Director may elect to use any or all of the following:

(i)    Impose up to a two hundred percent surcharge on the charges for water used or taken in violation of this article during the first year following the violation when the violation is the first violation committed by the customer.

(ii)    Impose up to a five hundred percent surcharge on the charges for water used or taken in violation of this article when the violation is the second violation committed by the customer or is a continuing violation that exceeds one year but less than two years of continuing violation.

(iii)    Impose up to a one thousand percent surcharge on the charges for water used or taken in violation of this article when the violation is the third violation committed by the customer or is a continuing violation that exceeds two years but less than three years of continuing violation.

(iv)    For all subsequent violations for water used or taken in violation of this article or continuing violations that exceed three years of continuing violation, impose up to a two thousand percent surcharge.

(b)    If, as a result of a customer’s violation of this article or State law the City is assessed a civil penalty by DWR under authority of A.R.S. tit. 45, then the customer shall be responsible to the City of Phoenix and pay the same amount that is assessed against the City together with all costs and expenses incurred by the City that are proximately caused by the customer’s violation.

(Ord. No. G-3794, § 1; Ord. No. G-5444, § 3, adopted 10-21-2009, eff. 11-20-2009)