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4. Allowing potable water to escape from breaks within the customer's plumbing <br /> system for more than eight hours after the customer is notified or discovers the <br /> break; <br /> 5. Use of water in non-recirculating decorative ponds, fountains, and other water <br /> features; with the exception of child water-play features. <br /> 6. Use of potable water for any purpose in excess of the customer's allowed usage <br /> as provided in Section 9.30.070. <br /> 9.30.120 Adjustments. <br /> A. Any customer who believes that the application of the provisions of this chapter results <br /> in unfair treatment or causes undue hardship may seek an adjustment in the customer's allocation. <br /> B. Such customer shall request the adjustment in writing and shall state with specificity the <br /> reasons why the adjustment is warranted, and provide any applicable supporting documentation. <br /> C. The director and shall consider all requests and make a written decision within thirty <br /> (30) days of receiving all information supporting the adjustment request. In making a decision, the <br /> director shall give particular consideration to the following: <br /> 1. The reduction would cause conditions threatening to health, sanitation, fire <br /> protection or safety of the customer, the customer's dependents or the general public. <br /> 2. The reduction would cause unfair economic hardship including, but not limited to, <br /> loss of employment, loss of production, or loss of jobs or be unfair or result in the unnecessary loss of <br /> a business. <br /> 3. Medical requirements of the customer. <br /> 4. Household size of the residential customer. <br /> D. The director's decision may be appealed in writing to the city manager for <br /> reconsideration on the written record. The city manager shall review written material submitted by the <br /> customer, written information from the director, and shall issue a decision within thirty (30) days of <br /> receipt of the complete written materials. The city manager's decision as to the request shall be final. <br /> 9.30.130 Notification to customers. <br /> After the city council adopts a water shortage contingency plan stage, customers will be <br /> notified by publication in the newspaper and/or by mail. The failure of any customer to receive actual <br /> notice shall not invalidate any action taken by the city council as to a particular customer nor reduce <br /> the amount of the penalties provided herein. <br /> 9.30.140 Calculation of allowable water use for new customers. <br /> Where the current customer has no billing history, or only a partial billing history, the director <br /> shall determine the customer's allocation, based upon the allocation for similar customers. <br /> 9.30.150 Severability. <br /> If any provision of this chapter is held to be unconstitutional, it is the intent of the city council <br /> that such portion of such chapter be severable from the remainder and that the remainder be given full <br /> force and effect. <br /> // <br />