Illegal Water Use Repeat Offenders Face $500 Fine, Losing Water Service
by Pete Zamplas

Hosing down your burned-out lawn can get you hosed financially, with a $500 fine among possible penalties in a crackdown on use of Hendersonville water.

The legal ban imposed last week subjects an offender to several penalties. Enforcement starts with the investigative phase. City Water and Sewer workers field tips on violations through a hotline (233-3215), and help investigate them. In one week through this Monday, 123 of 275 (44.7 percent) of hotline calls were reports of suspected or witnessed violations, Hendersonville Assistant Utilities Dir. Dennis Frady said Monday. He estimated nearly 50 more, un-logged tips were to the city’s general number. Some calls were about the same offense, which reduces the number of cases the city investigates.

City Manager Bo Ferguson commended those taking effort to report violations. “We’re pleased. It’s indicative word is getting out about mandatory restrictions. We shouldn’t characterize these reports as vindictive tattle-tales. We’re getting many tips on what we ought to inspect, including some evidently blatant violations. In many cases, they clearly see a water sprinkler going. They’re calling us, to get it on our radar screen.”

Next, the city contacts the alleged offenders. “We have not issued any notices of violations. Not yet,” Frady said. “We make sure everyone has ample opportunity to know what restrictions are. What problems are. Several were out of town since we started restrictions, and had no clue of them.” In some cases, people may have forgotten they have sprinklers on timers. Some calls are simply reporting their own water leaks, to help conserve.

Typically, he said, for the first infraction there is a notice of violation. But after that, penalties can be assessed. The second offense almost surely results in the offender’s water getting turned off, until the business day after they pay the reconnection fee of $35, Frady noted. “If we turn your water off, we’re not rushing back to turn it on that same day if you pay the fine. We’ll turn it on, on the next business day. Being out of water for at least 24 hours puts some teeth into this.”

There could also be a fine by then, but not “unless someone is very obstinate about it.” Instead, a fine of up to $500 kicks in after a third offense. It gets worse. “They face the possibility of having their water disconnected from the main line, on the street,” Frady said. “And they forfeit all tap fees and deposits. They have to pay a new tap fee of $800, to reconnect. It’s (initially) for the cost of putting the meter in.” Those whose water service originally was charged an impact fee of $1600 for using “extra capacity” might have to pay that much instead of $800, Frady said. He noted many such fees were paid by developers or prior owners years ago, and thus people don’t realize how costly it could be to reconnect to the main line. Thus, the offender might pay a $35 reconnection fee, later a $500 fine plus for hooking onto the main line either $800 (for a $1335 total) or else $1600 for a total of $2135.

The water violation hotline is (828) 233-3215.