(A) The owner, manager, supervisor, or person in charge of any installation found not to be in compliance with the provisions of this subchapter shall be notified in writing with regard to the corrective action to be taken. The time for compliance shall be in accordance with § 50.52.
(B) The owner, manager, supervisor, or person in charge of any installation which remains in noncompliance after the time prescribed in the initial notification, as outlined in § 50.52, shall be considered in violation of this subchapter, and may be issued a civil citation by the Water Department. The citation shall specify the nature of the violation and the provision of this subchapter violated, and further notify the offender that the civil penalty for the violation is as set forth in § 50.99 of this chapter and is to be paid to the Water Department at the office of the Water Department, 1100 Caswell Beach Rd., Caswell Beach, North Carolina, within 30 days. If the penalty prescribed in § 50.99 is not paid within the time allowed, the Water Department may initiate a civil action in the nature of a debt and recover the sums set forth in § 50.99 of this chapter, plus the cost of the action.
(C) If, in the judgment of the Water Department, any owner, manager, supervisor, or person in charge of any installation found to be in noncompliance with the provisions of this subchapter neglects his responsibility to correct any violation, the neglect may result in discontinuance of water service until compliance is achieved.
(D) Failure of a customer or certified tester to submit any record required by this subchapter, 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 the Water Department, the Water Commission shall 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 recertified shall result in the permanent revocation of backflow testing certification, in addition to a civil penalty as provided for in this chapter.
(E) Enforcement of this program shall be administered by the Code Enforcement Officer in conjunction with the Water Commissioner of the Water Department or their authorized representative.
(F) Requests for extension of time shall be made in writing to the Water Commissioner of the Water Department or his authorized representative. All other appeals shall be made in accordance with the following procedures:
(1) Adjudicatory hearings. A customer assessed a civil penalty under this subchapter shall have the right to an adjudicatory hearing before a hearing officer designated by the manager of the Public Works Commission upon making written demand, identifying the specific issues to be contended, to the manager of the Public Works Commission within 30 days following notice of final decision to assess a civil penalty. Unless the demand is made within the time specified in this section, the decision on the civil penalty assessment shall be final and binding.
(2) Appeal hearings. Any decision of the Department made as a result of an adjudicatory hearing held under this section may be appealed by any party to the Board of Commissioners upon filing a written demand within ten days of receipt of notice of the decision. Hearings held under this section shall be conducted in accordance with the town's hearing procedures. Failure to make written demand within the time specified in this subsection shall bar further appeal. The Board of Commissioners shall make a decision on the appeal within 90 days of the date the appeal was filed and shall transmit a written copy of its decision by registered or certified mail.
(3) Official record. When a final decision is issued under this section, the Board of Commissioners shall prepare an official record of the case that includes:
(3) Official record. When a final decision is issued under this section, the Board of Commissioners shall prepare an official record of the case that includes:
(a) All notices, motions, and other like pleadings;
(b) A copy of all documentary evidence introduced;
(c) A certified transcript of all testimony taken, if testimony is transcribed. If testimony is taken and not transcribed, then a narrative summary of any testimony taken;
(d) A copy of the final decision of Board of Commissioners.
(4) Judicial review. Any customer against whom a final decision of the Board of Commissioners is entered, pursuant to the hearing procedure under this section, may appeal the order or decision by filing a written petition for judicial review within 30 days after receipt of notice by certified mail of the order or decision to the general court of justice of the county or of the county where the order or decision is effective, along with a copy to the Board of Commissioners. Within 30 days after receipt of the copy of the petition of judicial review, the Board of Commissioners shall transmit to the reviewing court the original or a certified copy of the official record, as outlined in this section.
(Res. passed 11-20-03)