(A) The town water utility will issue a notice of violation to any person it determines has or is violating any provisions of this subchapter. This notice will state the nature of the violation, the action to be taken to correct the violation, the time during which the corrective action must be taken and the fines, penalties and remedies available to the town water utility if the violation is not corrected.
(B) If the violation is not corrected as provided for in the notice, the town water utility may exercise the following remedies, either separately or jointly.
(1) Fines. The violator will be subject to a fine in the amount of $500 per day for each day, beginning when the time allowed for correction ends, until the violation is corrected.
(2) Injunction. The town water utility is entitled to obtain, from a court of competent jurisdiction, an order enjoining the violator from the continued violation of this subchapter.
(3) Attorney fees. The town water utility is entitled to collect, from the violator, any and all reasonable attorney fees it incurs in the prosecution of any enforcement action.
(4) Money judgment. The town water utility is entitled to obtain, from a court of competent jurisdiction, a money judgment equal to fines, court costs and attorney fees as provided in this subchapter.
(5) Remediation. The town water utility is entitled to obtain, from a court of competent jurisdiction, an order allowing a representative of the town water utility to:
(a) Enter upon the property of the violator in order to remediate the violation; and
(b) Obtain a money judgment against the violator for the expense incurred by the utility in remediating the violation.
(6) Damages suffered by the utility. The town water utility is entitled to obtain, from a court of competent jurisdiction, a money judgment for any damages to its water supply, including, but not limited to, the cost of decontamination, inspection, testing, provision of alternate water supply and other damages, and for damages to its fixtures, equipment and property caused by the violation of this section.
(7) Disconnection from the system. The town water utility is entitled to disconnect the violator’s water system from the town water utility’s water system without further notice if the violation is a danger to public health, as provided in § 52.44(B) of this chapter.
(8) Other remedies. The town water utility is entitled to all other remedies provided for by state law for a violation of this section.
(Ord. 2018-04, passed 5-7-2018) Penalty, see § 52.99