(A) The town adopts and incorporates in this section North Carolina Administrative Code, Title 15A, Department of Environmental, Health, and Natural Resources, Subchapter 18C, Water Supplies.
(B) Enforcement. Any person, firm, or corporation responsible for an installation or action found not to be in compliance with this section shall be issued a Notice of Violation (NOV), specifying corrective action, if required, enforcement action to be taken by the town, if required, and a specified period of time to achieve compliance, if required.
As provided herein, termination of water service is a remedy available to the town to enforce any of the provisions of this section. A violation of any of the provisions of this section shall constitute a misdemeanor, punishable as provided in G.S. § 14-4, with a fine not to exceed $500. Enforcement of this program shall be administered by the Director or by an authorized representative.
(1) Direct cross-connection. Any installation that remains in noncompliance, after notice is given and the time prescribed in § 51.05.5(B)(3), shall be considered in violation of this section, and shall realize the disconnection of water service(s) until compliance is achieved and/or possible legal action. In addition, any person who shall continue any violation, beyond the time limit provided for in the aforementioned NOV and § 51.05.5(B)(3), shall be subject to a penalty in the amount not to exceed $100 for each violation. Each day in which any violation continues after the offender has been notified of the violation shall be deemed a separate offense.
(2) Indirect cross-connection. Any installation or action found to be in noncompliance of this section shall be considered in violation of the same. In addition, any person found to be in violation of this section shall be fined in the amount not to exceed $1,000 for each violation. If the installation or action involves the theft of water, the offender shall be charged according to state and local law and shall pay, in full, the cost for the estimated usage (see rate schedule currently in force) to the town.
(3) Appeals of a violation. Any owner who has received an order under the enforcement section of this code may appeal the order, in writing, to the Town Clerk and Town Manager, within ten days of receipt of notice. In the absence of an appeal, the Notice of Violation shall be final. The City Council shall hear and render a decision in a reasonable time. Enforcement of this program shall be administered by the Public Utilities Director or by an authorized representative.
(C) The Town Manager, or his or her authorized representative, is authorized to make all necessary and reasonable rules and ordinances with respect to the enforcement of this section. All such rules and ordinances shall be consistent with the provisions of this section and shall be effective upon the date of adoption by the Town of Board of Commissioners. (Any additional penalties not referenced in this section, but set forth in § 51.99, shall apply.)
(D) In the event any provision, standard, or requirement of this chapter is found to be in conflict with any provision of any other ordinance or code of the town, the provision that establishes the higher standard or more stringent requirement for the promotion and protection of the health and safety of the residents of the town shall prevail.
(Ord. 14-04, passed 3-11-14)