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1.3 times the block rate for each 100 cubic feet from five percent (5 %) <br />through ten percent (10 %) above allocation. <br />1.4 times the block rate for each 100 cubic feet from ten percent (10 %) <br />through fifteen percent (15 %) above allocation. <br />1.5 times the block rate for each 100 cubic feet more than fifteen percent <br />(15 %) above allocation. <br />The surcharges shall be cumulative. As used herein, "block rate" <br />means the charge to the customer per 100 cubic feet at the regular water <br />rate schedule at the level of the customer's allocation. <br />"Sec. 34 -160. Enforcement <br />(a) No person shall knowingly or intentionally allow the use of water from the <br />City of Paris for residential, commercial, industrial, agricultural, governmental, or <br />any other purpose in a manner contrary to any provision of this Plan, or in an <br />amount in excess of that permitted by the drought response stage in effect at the <br />time pursuant to action taken by City Manager, or his authorized designee, in <br />accordance with provisions of this Plan. <br />(b) That any person violating any provision of this ordinance shall be guilty of a <br />Misdemeanor, and upon conviction, shall be subject to a fine in accordance with <br />provisions of Sec. 1 -6 of Chapter One of the City of Paris Code of Ordinances, and <br />each and every day's continuance of any violation of the above - enumerated sections <br />shall constitute and be deemed a separate offense. If a person is convicted of three or <br />more distinct violations of this Article, the City Manager shall, upon due notice to the <br />customer, be authorized to discontinue water service to the premises where such <br />violations occur. Services discontinued under such circumstances shall be restored <br />only upon payment of a re- connection charge, hereby established at $50.00, and any <br />other costs incurred by the City of Paris in discontinuing service. In addition, <br />suitable assurance must be given to the City Manager that the same action shall not <br />be repeated while the Plan is in effect. Compliance with this Article may also be <br />sought through injunctive relief in a court of appropriate jurisdiction, and the City <br />Attorney is hereby authorized to seek such relief on behalf of the City. <br />(c) Any person, including a person classified as a water customer of the City of <br />Paris in apparent control of the property where a violation occurs or originates shall <br />be presumed to be the violator, and proof that the violation occurred on the <br />person's property shall constitute a rebuttable presumption that the person in <br />apparent control of the property committed the violation, but any such person shall <br />have the right to show that he /she did not commit the violation. Parents shall be <br />presumed to be responsible for violations of their minor children and proof that a <br />violation, committed by a child, occurred on property within the parents' control <br />shall constitute a rebuttable presumption that the parent committed the violation, <br />but any such parent may be excused if he /she proves that he /she had previously <br />directed the child not to use the water as it was used in violation of this Article and <br />that the parent could not have reasonably known of the violation. <br />17 <br />