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water utility pursuant to Section 78-21, but have not connected within two years of <br />availability of water service as required by Section 78-21, shall be charged the applicable <br />water availability charge and water connection charge and a monthly user charge in an <br />amount established by the city council or the public utilities commission. <br /> <br />Sec. 78-43. Collection of Fees and Charges. <br /> <br /> All water service fees, and all charges and costs charged to a property pursuant to <br />this ordinance, which remain unpaid 30 days after the due date, may be certified by the City <br />Clerk to the County for collection with real estate taxes. In addition, no property which has <br />been disconnected from the water service will be reconnected unless and until all unpaid <br />fees, charges and costs have been paid in full. <br /> <br />Division 5. Restrictions and Enforcement <br /> <br />Sec. 78-51. Water Use Restrictions. <br /> <br /> The public utility commission of the City of Elk River is hereby authorized to invoke <br />water use restrictions in cases of emergency to ensure adequate water supplies to meet the <br />health, safety, and welfare needs of the City of Elk River and its residents. Water use <br />restrictions shall be invoked by resolution of the public utility commission, and shall take <br />effect immediately upon adoption of such resolution. The public utility commission may <br />delegate its general manager or water superintendent authority to impose temporary water <br />use restriction until the commission can meet to consider a resolution. The penalties <br />imposed below in Section 78-52 may be invoked upon publication of the resolution <br />imposing restrictions in the 78-52 legal paper. <br /> <br />Sec. 78-52. Penalties. <br /> <br /> The first violation of the restrictions contained in this article shall subject the <br />offending person, firm, corporation or association to a written warning. A second violation <br />of the restrictions shall be a petty misdemeanor with a penalty of $50.00 and shall increase to <br />the sum of $100.00 for the third violation. A fourth violation shall result in water shut-off <br />with the reconnection fee to be paid by the offending property owner according to the <br />policies of the public utilities commission. No penalty can be imposed unless a person had, <br />or should have had, prior knowledge of the ordinance restrictions. This may be shown by <br />the fact that prior warning was delivered to the person or to an occupant of the premises to <br />be assessed. <br /> <br />Sec. 78-52 – Enforcement. <br /> <br /> This article shall be enforced by appropriate ERMU or City personnel in accordance <br />with city ordinances. (Ord. No. 06-11, 10-2-2006) <br /> <br />Secs. 78-53 – 78-70. Reserved <br /> <br />Section 2. That this Ordinance shall take effect upon publication as provided by law. <br /> <br /> <br />