Ho-Ho-Kus September 28, 2011 THE VILLADOM TIMES III • Page 5 Water penalty ordinance undergoing revisions by Jennifer Crusco Ho-Ho-Kus Borough Attorney David Bole is currently at work on a draft ordinance that would refine the water use violation notification process and penalties proposed in Ordinance 994, a measure that was tabled last month after residents called that proposal draconian. Penalties for water use violations are now covered by Ordinance 8134, but the tabled proposal includes a clause that would have led to a water shutoff after a first offense. At last month’s council meeting, several residents expressed concern that they might not receive a first violation notice due to time spent away from home or a delivery glitch and would then be subject to having their water service discontinued. Other residents said that jail time, which is mentioned in Ordinance 994, and is, in fact, also part of the current ordinance, seemed an extreme penalty. Last week, Bole outlined the current water violation penalties, which include fines and imprisonment after a first offense. Additional offenses thereafter include a $1,000 fine and 10 days in jail, or both, and rise to a fine of $2,500 or 30 days in jail, or both. The attorney said he had obtained samples of first violation notices that are now being used. Those notices include a message that the recipient is currently violating the ordinance, states a warning, and urges the recipient to adhere to the regulations. The notice also includes penalties for subsequent offenses. Councilman Kevin Shea asked who delivers these notices. Bole said the department of public works or the police department. Violators may also be notified via the borough’s Reverse 911 system, Bole said. During last week’s work session, the council discussed having the water violation notices delivered in a way that would require proof that the violator had received the notice, such as certified mail, or hand delivery by a borough official. Bole asked what the council would like to do at this point. “We don’t want a fine, a shutoff, or people going to jail. We want compliance,” Mayor Thomas Randall responded. He pointed out that the recent police survey indicated that many people are violating the water regulations, and said violators need to get the message that the borough is not in a position to absorb fines from the New Jersey Department of Environmental Protection for surpassing its prescribed one million gallon per day water allotment. The survey statistics showed there have been over 340 instances in which residents did not follow the watering regulations. “People must play by the rules as the town seeks relief,” Randall said, referring to the borough’s recent request for an increased water allotment. The DEP fines are an unnecessary burden, Randall added. He noted that imposing a surcharge on residents who violate the water regulations would not help the borough with surpassing its water allotment. Ordinance 994 currently includes the following language, “After a first offense in accordance with Section 8133 of this ordinance, any person or business who thereafter violates the water use restrictions imposed pursuant to this ordinance shall have its water supply discontinued. The water supply shall not be turned on unless and until such person or business pays a $100 fee. For a third and subsequent offense, in addition to the penalty set forth herein, the fine imposed shall be $2,500 or imprisonment for 30 (continued on page 25)