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| The Consolidated Borough of Quil
Ceda Village |
Ordinance No. 13.01.1
Utility and Environmental Services |
| Article VIII - Enforcement;
Penalties; Sanctions |
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| Section 8.01. Authority and Enforcement: The
Utility Department is hereby authorized by the Village Council to collect
established fees for service and to impose sanctions and penalties for non-payment.
The Utility Department shall enforce its regulations, fee collections and
provisions of this Ordinance by shutting off water service of any and all
violators and delinquent bill-payers or imposing other penalties and sanctions
as authorized. |
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| Section 8.02. Attachment of Customers Property:
The Utility Department shall not seek to attach customer's property, nor
seek to have fines assessed by Tribal Court, except in limited cases of
blatant or continued abuses or destruction of property. |
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| Section 8.03. Penalty Schedule: The
Utility Department shall develop and adopt a penalty schedule which outlines
specific penalties, fines and assessments for violation and non-compliance
with the provisions of this Ordinance. The penalty schedule shall be reviewed
for appropriateness annually by the Utility Department. |
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Section 8.04. Sanctions Authorized:
The following sanctions may be imposed by the Utility Department for failure
of the customer to comply with any provisions of this Ordinance or with
any duly adopted regulation of the Village:
- Termination of service(s);
- Assessment of penalties based on a penalty schedule adopted by regulation
of the Utility Department;
- Assessment of late charges based on a schedule adopted by regulation
of the Utility Department;
- Assessment of damages resulting from the customer's non-compliance;
- Forfeiture of all or part of a deposit and any accumulated interest;
- Filing of a lien against the customer's property after the account
is declared delinquent;
- Enforcing a lien by seeking judgment, and satisfaction from the customer's
property from a court of competent jurisdiction;
- Filing suit for damages in a court of competent jurisdiction; and
- Referring violations that may involve criminal conduct to the police
or prosecutor.
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Section 8.05. Sanctions Guidelines:
The Utility Department shall use the following guidelines when considering
the appropriate sanctions to be imposed in any given case:
- Whether the sanction is required by this Ordinance or other applicable
law, or whether imposition is discretionary;
- The minimum sanction needed to effect compliance;
- The irreparable harm to the customer and/or family if the sanction
is imposed;
- The irreparable harm to operation of the Department, and to the Village,
if the sanction is not imposed;
- The customer's past record of compliance or non-compliance, or good
faith efforts to achieve compliance;
- The customer's statements or behavior indicating the likely success
of a given sanction securing compliance;
- The irreparable harm to other persons or property if the sanction
is not imposed; and
- The effectiveness of similar sanctions in securing compliance in other
cases.
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