(a) Definitions. The following terms, when used in this section, shall have the meanings ascribed herein:
Impervious surface means any artificially created surface which cannot be penetrated by water or which causes water to run off the surface, including streets, driveways, sidewalks and rooftops.
Person means any individual, partnership, firm, corporation, limited liability company, or other legal entity in whose name water is provided and billed by the town.
Repeated or flagrant wasting of water means and includes those situations where persons who have received notice that they are wasting water continue to do so in the same manner. It does not mean those persons who waste water on solitary or isolated occasions.
Town water means all water that passes through the town's water distribution system. This term does not include town water that is sold by the town to other governmental entities.
Water waste means any of the following:
(1) Using town water so that it falls directly onto impervious surfaces to the extent that running water leaves the property and enters gutters, storm drains, ditches and other conveyances; or
(2) Using town water to the extent that it is allowed to accumulate on the surface of the ground and leave the property and enter gutters, storm drains, ditches and other conveyances.
(3) Knowingly allow town water to escape through leaks, breaks, or malfunctions within the water user's plumbing or distribution system for any period of time beyond which such a leak or break should reasonably have been repaired or corrected.
(4) Willfully or negligently wasting water in any other manner.
(b) Water waste prohibited.
(1) The utilities director or designee shall identify persons who waste water.
(2) Whenever the director finds that any person wastes water, the director may give such person oral or written notice of that fact, with recommendations as to how the wasting of water can be eliminated. Such recommendations might include, but are not limited to, redirection of sprinkler heads, resetting of system timers, addition of devices to prevent water pressure fluctuations, or changes in location of sprinkler systems.
(3) Whenever the director finds that any person repeatedly or flagrantly wastes water, the director may serve upon such person a written notice ("notice of water waste" or "notice"). Such notice shall be served by personal delivery, by mail, or by certified mail, return receipt requested, and shall identify the person and the location at which water is being wasted while watering, shall identify the manner in which the water is being wasted, and shall specify a time within which the wasting of water shall cease. The notice shall also warn that more severe measures (such as imposition of civil penalties or restriction or termination of water service) may be assessed or brought against the person unless the wasting of water ceases within the time provided. The time given to cease wasting water may range from a requirement for immediate compliance to 30 days, depending upon the facts and circumstances of each case. For instance, if a remedy involves moving a portable hose or sprinkler, immediate compliance may be appropriate; if a remedy involves repairing or replacing a sprinkler head, several days may be required; if the remedy involves more extensive or expensive work, up to 30 days may be necessary. If the remedy is effected, there shall be no further action against that person as to that particular violation.
(4) Any person who continues to waste water after the period of time specified in the notice for ceasing such activity shall be issued a citation by personal delivery, mail, or certified mail, return receipt requested, and shall be subject to the civil penalty and enforcement procedures specified in subsection (c) below. The civil penalty shall be paid within 30 days of receipt of the citation.
(c) Penalties.
(1) Civil penalties. Violations of this section shall subject the offender to a civil penalty as set forth in the town budget fee schedule, to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within the prescribed period of time after he or she has been cited. Because watering may not take place every day, a violation shall be deemed continuing if the same wasting of water takes place on one or more days at the same location described in the notice and citation.
(2) Other enforcement action. Additionally, the director may restrict or terminate water service in accordance with law.
(Code 1982, § 19-47; Ord. No. 97-027, 6-12-1997; Ord. No. 2008-Code-01, 6-12-2008; Ord. No. 2009-Code-07, 5-14-2009)
State law reference(s)—Civil penalties, G.S. 160A-175(c).