The direct or indirect use of water from the town distribution system in violation of this plan is prohibited. The town shall enforce the provisions of this chapter, separate from the county, for all customers on the town's water system. In order to be consistent with other county policies, the following actions and penalties are modeled after Johnston County, but tailored for the town. This section applies to all persons using town water, inside and outside the town limits, regardless of whether they have a contract for water service with the town. A customer of the town shall be responsible for all violations that occur in connection with water that passes through the meter for which the customer is billed by the town. Any person who uses water in violation of a restriction or ban imposed on the use of water during a mandatory conservation period, a period of water shortage emergency or in violation of a water rationing policy, or who otherwise violates the provisions of this section, or who impedes or interferes with any action undertaken or ordered pursuant to this section and policies adopted hereunder, including the town's water conservation and shortage response plan, shall be subject to the penalties listed below or as set forth therein.
(A) Enforcement by police officers, code enforcement and AMI monitoring. Upon the declaration of mandatory conservation, water shortage emergency, or rationing, the Manager and every police officer or code enforcement official of the town may enforce any restrictions or bans imposed on the use of water.
(B) Suspicion of violation. Whenever the town has reasonable cause to believe that a person is violating any of the provisions of this section or any policy adopted hereunder, the town shall immediately notify that person of the violation by affixing a written notice of the violation to the property where the violation occurred and personally delivering or mailing such notice to the customer of record and to any other person known to the town who is responsible for the violation or its correction. Such notice shall describe the violation, order that it be corrected, cured or abated immediately or within such specified times as the Manager determines is reasonable under the circumstances, and warn that more severe measures, such as civil penalties, criminal charges or termination of water service may be brought, assessed or imposed. If the order is not complied with within the time period, the Manager may undertake enforcement action as follows.
(C) Enforcement action. Any person who, after being given notice of violation, does not comply with this section or policy adopted hereunder within the time period specified shall, at the option of the town, be subject to any of the following: civil penalties, criminal penalties, termination of water service, injunctive relief, or any appropriate equitable remedy issuing from a court of competent jurisdiction.
(1) Criminal penalties. Any person may be charged with violation of this section or policy adopted hereunder and prosecuted in district court. Any person so charged and found guilty of violating this section or policy shall be guilty of a misdemeanor. Each day's violation shall constitute a separate offense. The penalty for violation shall be a maximum fine of $50 per occurrence or imprisonment for not more than 30 days. The imposition of one or more penalties for any violation shall not excuse any violation or permit it to continue.
(2) Civil penalties. In addition to or in lieu of criminal prosecution, violation of this section or any policy adopted hereunder may subject the violator or customer to a civil penalty of up to $1,000 per violation per day for so long as the violation exists. Each day on which a violation occurs or continues shall constitute a separate and distinct violation. In determining the amount of the civil penalty, the Manager shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, efforts to correct the violation, the compliance history of the person against whom the violation is assessed, the cost of enforcement to the town, whether the violation was willful or intentional and any other factor as justice requires. The town shall serve a written citation on the violator, and the customer, if different, by personal delivery or by certified or registered mail, return receipt requested. The citation shall describe the violation and shall specify the amount of the civil penalty levied. The civil penalty is collectible in a civil action in the nature of debt. The imposition of one or more penalties for a violation shall not excuse any violation or permit it to continue.
(3) Termination of service. The Manager or his designee may make findings of fact and order whether service should continue, be flow restricted, or terminated. Termination of water service shall be performed in accordance with the town's ordinances, policies, procedures and practices. The standard reconnection charge shall be paid for the reconnection of any water service terminated pursuant to the current town ordinances and procedures.
(4) Appeal. Any person against whom enforcement action has been taken, hereafter referred to as "aggrieved party," is entitled to appeal to the Town Council upon serving written notice to the Town Manager and following administrative procedures for appeal to the Town Council.
(Ord. passed 5-5-97; Am. Ord. 2021-06-05, passed 6-7-21)