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O1/28/2013 Sec. 38.45.3 Criminal Prosecution Any person, who is found to have failed to comply with any provisions of this Article, and the orders, rules, requlations and permits issued hereunder, mav be charqed with a misdemeanor for each offense and, upon conviction, shall be punished in accordance with Chapter 1 of this code, unless otherwise specified. Each dav on which a violation shall occur or continue shall be deemed a separate and distinct offense. Sec. 38.45.4 Administrative Fines Notwithstandinq anv other provision of this Article, the Director mav deem a violation to be an infraction instead of a misdemeanor and mav issue fines in accordance with Chapter 1 of this code. Each dav on which a violation shall occur or continue shall be deemed a separate and distinct offense. Sec. 38.45.5 Cost Recoverv In addition to the penalties provided herein, the City maV recover costs, fees and penalties assessed aqainst the Citv, reasonab/e attornevs' fees, court costs, court reporters' fees and other expenses of litiqation aqainst the person found to have violated this Article or state law pertaininq thereto or the orders, rules, and requlations implementinp this Article or havinq caused contamination of the Citv's water supply throuqh backflow or cross-connection from propertv owned or occupied bv such person. Sec. 38.45.6 °°^.� °�� Termination of Water Service In addition to the rights granted herein, the City may terminate water service to any premises served if a required backflow prevention assembly is not installed, not properlv installed in accordance with the provisions herein, is not tested annuallv in accordance wifh the provisions herein, or removed or tampered with by Customer-user. The term "tampered with" shall include, but is not limited to, those instances where the City finds evidence that an installed backflow prevention assembly has been by-passed, modified, made or allowed to remain ineffective. � Cine �nrl Imr�ricnnmcr�♦ r r � � a�� er� c�nvis�ier�--�k�er-eef—v"�;;��t�b7�6� �e n finc .,,,+ ��G,�;,,,, x�nn „r imr�ri�+�nmcn+ Section 5. Effective Date This ordinance shall be effective thirty (30) days after its adoption. Section 6. Severabilitv. If any section, subsection, provision or part of this ordinance, or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this ordinance, and the application of such provision to other person or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this Ordinance are severable. * * * ATfY/FINAL ORD/2013/ORD.384/CROSS CONNECTION ORD.#2391 REV:01-17-13 PT FORMERLY MUFF#802 Page 13 of 13