§ 126-135. Enforcement.

(a)

Board investigation. When the Board finds that the Franchisee's rates, fees, charges, practices or contracts are unjust, unreasonable, insufficient or discriminatory, or in violation of this article, government rules and regulations or its Franchise, the Board may, after public hearing, determine and order such corrective measures as are necessary. Such corrective measures include, but are not limited to: file for the appointment of a receiver; set fair and reasonable rates, fees, charges; revise rules and regulations; and require repairs, improvements, extensions and additions to the plant and equipment of any Franchisee reasonably necessary to promote the convenience, health, safety and welfare of the Utility customers.

(b)

Operating a Public Utility without a Valid Franchise. Building, installing or operating a Public Water System or a Public Wastewater System without a Valid Franchise issued by the Board shall be treated as a violation of this article, which may be punished as provided by law. Each day of such operation shall be deemed a separate offense.

(c)

Plant site. Any mortgaging, selling or transferring of the land upon which the water and/or wastewater treatment plants are located without the prior approval of the Board may result in the land being removed from the Rate Base and voiding the Franchise.

(d)

Violation of this article.

(1)

Administrative penalty. For any violation of a Franchise or of this article or of any rule or regulation made pursuant to this article, the Board may assess an administrative penalty not exceeding $500.00, which may be collected in civil action in a court of competent jurisdiction. Each day a violation occurs shall be deemed a separate offense.

(2)

Criminal penalty. Violations of this article shall be prosecuted in the same manner as misdemeanors are prosecuted. Such violations shall be prosecuted in the name of the State, in a court having jurisdiction of misdemeanors, by the prosecuting attorney thereof and, upon conviction, shall be punished by a fine not to exceed $500.00 or by imprisonment in the County jail not to exceed 60 days or by both such fine and imprisonment. In addition to criminal penalties, the Board may enforce this subsection in any other manner provided by law.

(Ord. No. 2016-041, § 2, 9-21-2016)