Chapter 1.30
ENFORCEMENT
Sections:
1.30.020 Other remedies for violations.
1.30.030 Penalties of increasing severity.
1.30.010 General penalty.
A. Misdemeanor. Whenever in this code or in any other ordinance of the District an act is prohibited or is made or declared to be unlawful or an offense, or the failure to do an act is specifically designated as a misdemeanor by a provision of state or federal law, any permit, or by a provision of this code, including without limitation DSRSDC 4.10.110, State laws, DSRSDC 5.10.120, State and federal laws, and DSRSDC 5.20.560, Violation a misdemeanor, the violation of any such provision shall be punishable as a misdemeanor.
B. Infraction. Notwithstanding subsection (A) of this section, Misdemeanor, whenever in this code or in any other ordinance of the District an act is prohibited or is made or declared to be unlawful or an offense, or the failure to do an act is declared to be an infraction, where no specific penalty is provided for, the violation of any such provision of this code or any other ordinance of the District so providing, shall, except as provided in DSRSDC 5.20.560, Violation a misdemeanor, be punished as an infraction, as established by and with the penalties therefor as provided in a separate ordinance or resolution duly adopted from time to time by the Board of Directors.
C. Continuing Violations. Each day a violation of a provision of this code, or any other ordinance of the District, continues constitutes a separate offense.
D. Ordinance or Resolution. Penalties shall be established by separate ordinance or resolution. [Ord. 305, 2004; Ord. 327, 2010.]
1.30.020 Other remedies for violations.
A. General. Failure to comply with the Dublin San Ramon Services District Code and other laws, regulations, agreements, permits, orders, guidelines, and/or standards may result in termination of service and/or imposition of remedies as provided elsewhere in this code and/or as may be prescribed by regulatory and health authorities. Such termination of service and/or imposition of remedies shall not prevent the District from seeking such damages and/or remedies as may be available to the District under applicable laws.
B. Authorization of General Manager. In response to a violation of a provision of this code, the General Manager of the District is authorized to apply such penalties as may be provided for by law or this code, or to take any other action, within such limitations and restrictions as may be established by the Board from time to time, that the General Manager deems appropriate, including discontinuance of water or wastewater service until such time as the General Manager has determined, in his or her discretion, that the violation is fully corrected. Such discontinuance of water or wastewater service and/or imposition of remedies shall not prevent the District from seeking such damages and/or remedies as may be available to the District under applicable laws, and, to the extent authorized, directed, or ratified by the Board, the General Manager of the District may pursue all legal remedies necessary or appropriate for the enforcement of all matters proscribed or prescribed by this code. [Ord. 69, 1969; Ord. 118, 1975; Ord. 180, 1983; Ord. 269, 1996; Ord. 273, 1997; Ord. 327, 2010.]
1.30.030 Penalties of increasing severity.
In addition to the foregoing, the General Manager, or his or her designee, shall have the authority to issue penalties of increasing severity for repeated violations of the following requirements, including monetary charges to reimburse the District for costs that it has incurred which relate to the violation, including but not limited to staff time, costs for performing tests, and restoration of services, and, ultimately, may suspend or terminate service for failure to:
A. Comply with general use regulations and protective measures under Chapter 4.10 DSRSDC, General Use Regulations and Protective Measures.
B. Comply with potable water use regulations and protective measures under Chapter 4.20 DSRSDC, Potable Water Use Regulations and Protective Measures.
C. Comply with recycled water use regulations and protective measures under Chapter 4.30 DSRSDC, Recycled Water Use Regulations and Protective Measures.
D. Comply with wastewater facilities use regulation and protective measures under Chapter 5.10 DSRSDC, Wastewater Facilities Use Regulation and Protective Measures.
E. Comply with wastewater discharge requirements and pretreatment regulations under Chapter 5.20 DSRSDC, Wastewater Discharge Requirements and Pretreatment Regulations.
F. Pay in full all applicable fees and charges. [Ord. 327, 2010.]
1.30.040 Imposition of costs.
In addition to the foregoing, the District may charge a fee for a violation of the Dublin San Ramon Services District Code or any other laws, regulations, agreements, permits, licenses, orders, guidelines, and/or standards, which may be in the amount of costs incurred by the District to investigate and correct the violation of the District, or which may be in an amount established under a separate ordinance or resolution. [Ord. 327, 2010.]