§ 52.999 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

   (B)   Any person who shall unlawfully take and remove any water from the county water system in violation of the provisions of this chapter or tamper with a stopcock in violation of § 52.027 shall:

      (1)   Be guilty of a misdemeanor and fined or imprisoned as provided by G.S. § 14-4; or

      (2)   Pay a civil penalty of $500 to the county for each separate violation of either § 52.004(A) or § 52.027.

(1996 Code, § 52.99)

   (C)   (1)   The violation of any provision of §§ 52.075 through 52.088 shall subject the violator to a civil penalty. Each subsequent day that a violation listed in divisions (C)(1)(a) through (d) below continues shall constitute a separate and distinct offense according to the following schedule:

         (a)   Unprotected cross-connection involving a private water system which is an imminent hazard, $1,000/day;

         (b)   Unprotected cross-connection involving a private water system which is high hazard, $750/day;

         (c)   Unprotected cross-connection involving a private water system which is a moderate hazard, $500/day; and

         (d)   Unprotected cross-connection for which no other civil penalty is prescribed, $250/day.

      (2)   Each violation listed in divisions (C)(2)(a) through (e) below shall be considered a one-time violation subject to the following schedule:

         (a)   Any tester who falsifies records will lose his or her approved tester status and/or be subject to a $500 penalty;

          (b)   Submitting incomplete records or failing to submit records may cause the tester to be removed from the approved tester list and/or $250 penalty;

         (c)   Failing to test backflow prevention assemblies as required, $100;

         (d)   Failing to maintain backflow prevention assemblies as required, $100; and

         (e)   Any other violation of this subchapter, $100.

      (3)   The Director may increase any civil penalty assessed under this division (C) by $100 or 50% of the maximum civil penalty associated with the violation, whichever is greater, for a second violation of the same provision within a two-year period. Water service may be terminated after a third violation of the same provision within a two-year period. Any person violating any provision of this subchapter shall pay to the county all expenses incurred by the county in repairing any damage to the public water system caused in whole or in part by such violation and any expense incurred by the county in investigating such violation. All such expenses are deemed to be a part of the civil penalty assessed with the violation.

(1996 Code, § 52.82)

   (D)   Further, a violation of the above section of this code shall be a violation of G.S. § 14-4 and such violation shall be classified as a Class 3 misdemeanor with a maximum fine of up to $450, except that any violations of §§ 150.999, 154.99, 155.999, and 156.999 shall not be a violation of G.S. § 14-4 and shall not be considered a misdemeanor.

(Ord. passed 9-20-1993; Ord. passed 8-4-2008)