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2004 - 03-15-04 Regular Meeting
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WATER DISTRICT MINUTES
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2004
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2004 - 03-15-04 Regular Meeting
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1/13/2011 2:41:34 PM
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1/13/2011 2:41:10 PM
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Admin-Clerk
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Minutes
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Board of Commissioners
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cox 9 F�CF 858 <br />require payment of a periodic availability charge, not to exceed the minimum periodic <br />service charge for the properties that are connected. <br />SECTION 6. Violations of SECTIONS 1, 2, 3 and 5 above shall subject the <br />offender to a civil penalty upon the issuance of a citation for such violation as provided in <br />this section. The civil penalty, if not paid to the District within fifteen (15) days of the <br />issuance of a citation, may be recovered by the District in a civil action in the nature of <br />debt. Such civil penalty shall be in the amount of one hundred dollars ($100) for each <br />violation, and each day any single violation continues shall be a separate violation. <br />(b) In addition to the civil penalties set out in subsection a of this section, any <br />provision of this article may be enforced by an appropriate equitable remedy issuing from <br />a court of competent jurisdiction. In such case, the General Court of Justice shall have <br />jurisdiction to issue such orders as may be appropriate, and it shall not be a defense to the <br />application of the District for equitable relief that there is an adequate remedy at law. <br />(c) In addition to the civil penalty set out in subsection a of this section, any <br />provision of this ordinance that makes unlawful a condition existing upon or use made of <br />real property may be enforced by injunction and order of abatement by the General Court <br />of Justice. When a violation of such a provision occurs, the District may apply to the <br />appropriate division of the General Court of Justice for a mandatory or prohibitory <br />injunction and /or order of abatement demanding the defendant correct the unlawful <br />condition upon or cease the unlawful use of the property. The action is governed by all <br />respects by the laws and rules concerning civil proceedings, including the Rules of Civil <br />Procedure in general and Rule 65 in particular. <br />
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