§ 50.426  ENFORCEMENT.
   (A)   The owner, manager, supervisor and person in charge of any installation found not to be in compliance with the provisions of this chapter shall be notified in writing with regard to the corrective action(s) to be taken. The time for compliance shall be in accordance with § 50.420.
   (B)   The owner, manager, supervisor and person in charge of any installation which remains in non-compliance after the time prescribed in the initial notification, as outlined in § 50.420, shall be considered in violation of this chapter and may be issued a civil citation by the town. The citation shall specify the nature of the violation and the provision(s) of this chapter violated and further notify the offender that the civil penalty for the violation is as set forth in division (C) below and is to be paid to the town at the office of the Public Utilities Department, 321 E. King Street Boone, North Carolina, within 30 days. If the penalty prescribed herein is not paid within the time allowed, the town may initiate a civil action in the nature of a debt and recover the sums set forth in division (C) below, plus the cost of the action and attorney's fees.
   (C)   Any offender who shall continue any violation beyond the time limit provided for in the aforementioned notification shall be subject to a civil penalty of up to $1,000 per violation. Each day in which a violation of any provision of this chapter shall occur or continue shall constitute a separate and distinct offense.
   (D)   If, in the judgment of town, any owner, manager, supervisor and person in charge of any installation is found to be in non-compliance with the provisions of this chapter or neglects his or her responsibility to correct any violation, the town may discontinue water service until compliance is achieved.
   (E)   Failure of a certified tester to submit any record required by this chapter or the submission of falsified reports/records may result in a civil penalty of up to $1,000 per violation. If a certified backflow prevention assembly tester submits falsified records to town, the town may take the necessary actions to revoke certification to test backflow prevention assemblies within the potable water system for a time period not to exceed one year. The tester will then be required to complete an approved certification course to acquire a new certification. Falsification made to records/reports after becoming re-certified shall result in the permanent revocation of backflow testing certification, in addition to a civil penalty of $1,000 per violation.
   (F)   Enforcement of this program shall be administered by the Manager of the town or his or her authorized representative.
(Ord. passed 6-21-2011)