13.12.084 Cross-connections – Failure to comply – Violations – Penalties.
A. Notice of Violation and Administrative Order. Any violation of LMC 13.12.080 through 13.12.085 may be enforced pursuant to the provisions of Chapters 1.40 and 1.45 LMC.
B. Suspension of Underlying License or Permit. Any license or permit issued by the city for any activity that causes or results in a violation of this chapter may be suspended by the appropriate city department until the violation is corrected.
C. Injunctive Enforcement. Any violation of the provisions of this chapter is hereby declared to be a public nuisance as defined in LMC 10.08.200 and may be abated through the processes in LMC Title 1, or in proceedings for injunctive or similar relief in superior court or other court of competent jurisdiction.
D. Criminal Penalties. Any person who willfully violates any of the provisions or requirements of this section or the city of Lynnwood cross-connection control operating policies is guilty of a gross misdemeanor and upon said conviction of offense shall be subject to a fine not exceeding the sum of $5,000 and/or one year in jail. Each day that each violation of this chapter continues shall be punishable as a separate offense.
E. Protection of City of Lynnwood Water System, Cessation of Water Service in the Case of a Potential Cross-Connection. Any person who willfully violates any of the provisions or requirements of this section or the city of Lynnwood cross-connection control operating policies shall be subject to discontinuance of supply of city water to the premises where the violation exists, and continue until corrective action has been taken to the satisfaction of the director. Such discontinuance of city water shall be per the following guidelines:
1. Send first notice requesting a current, completed backflow assembly test form(s).
2. If no response is received within 30 days, mail written notice to the person whose name the water service is established in or post written notice on the premises served. This notice shall provide that the cross-connection must be corrected within 30 days of date the notice is mailed or posted on the premises, or the water service shall be discontinued. This notice should also indicate the procedure for the customer to appeal the shut-off.
3. If the cross-connection is not abated within the prescribed time, water service to the said premises may be shut off immediately, or, if the city or its representative determines that service should not be interrupted, the city may hire a contractor to abate the cross-connection as required by the city, including the installation of a backflow prevention assembly. In such event, the city shall bill the property owner for all costs and administration incurred. Ten days after default in payment of such costs, the city shall have the right to claim a lien against the real property and commence foreclosure proceedings pursuant to Chapter 60.04 RCW to collect such amount.
4. In the event that the cross-connection in the opinion of the city, or any of its designated representatives, poses an imminent potential health or system hazard to the public water supply, service from the city water supply to the premises may be terminated without prior notice; provided, however, that notice will be posted on the premises in the manner heretofore provided at the time said service is terminated; provided, further, that the city cross-connection control program manager shall notify the Department of Health when a water service has been shut off.
F. City of Lynnwood Allowed Corrective Action and Back Billing. If any person, firm, or corporation is found to not have an appropriate cross-connection control assembly, and the lack of such assembly is deemed to be an immediate threat to the city of Lynnwood water system, the city may elect to install an appropriate assembly and bill the customer for such work and materials. The installation of assembly and back billing would not prevent the city from utilizing any of the other enforcement measures listed in this section.
G. Right of Appeal. Any person, firm or corporation aggrieved by a final order of the city with respect to this section shall have 14 days to appeal to the hearing examiner, under the provisions of LMC 1.35.200 through 1.35.260. (Ord. 2727 § 5, 2008)