The Board adopted and enacted Ordinance No. 719 on June 27, 2017. Absent an approved variance, the maximum daily water use was limited to 225 gallons per day.
Section 5., Water Use Limitations, subsection (D) states: "Any customers whose use has been found to exceed the above-prescribed maximums during a bi-monthly billing cycle shall be subject to civil monetary penalties in addition to the regular bi-monthly bill as follows:
$100 for the first violation, and
$150 for the second violation, and
$200 for the third and any subsequent violation, and
$1,000 for extraordinary situations where all of the following has occurred:
-The residential user had actual knowledge of the requirements found to be violated, and
-the conduct was intentional, and
-the amount of water involved was substantial. “Substantial” is defined as an amount equal to, or exceeding, 10 times the Water Use Limitations set forth in Section 5 of this ordinance."
The penalty billing included the following language: “You may appeal the Usage Penalty to the Shasta County Board of Supervisors by filing a written appeal. The water consumer’s written appeal must be received by the Clerk of the Board (1450 Court St., Suite 308B, Redding, CA 96001-1673) within 30 days of the date of the Usage Penalty. The Clerk of the Board shall set the matter for hearing before the Board of Supervisors and shall inform the water consumer of date, time and place of the hearing of the appeal and shall inform the water consumer seeking the appeal of the decision of the Board of Supervisors. The decision of the Board of Supervisors shall be final and conclusive.”
Mr. Daniel submitted a request for a hearing regarding his July/August water bill penalty to the Clerk of the Board within the required 30-day filing period. On November 7, 2017, the Clerk of the Board notified the affected rate-payer via U.S. Mail regarding today's hearing for the BOS to consider the civil penalty.
The BOS can consider all evidence, written or oral, presented during the hearing and make an independent (de novo) determination of the imposition of the civil penalty.
Mr. Daniel’s maximum daily allowed use (including any approved variance) was 225 gallons per day (gpd). His actual daily use was 409 gpd. The penalty imposed was $100.