(a) [Citations.] Each day a violation occurs is a separate violation. Any person violating this section may be cited for each day on which a violation occurs.
(b) [Penalties.] Penalties for violation of this section are as set forth herein. The county may use any one or combination of penalties and enforcement mechanisms. Imposition of one or more penalties for any violation shall not excuse any violation or permit it to continue.
(1) Civil penalties. Violation of this section shall subject the violator to a civil penalty of $100.00 for the first violation, $250.00 for the second violation, and $500.00 for the third violation. Violators shall be issued a written citation that must be paid within two weeks of the service date of the citation. The citation may be served 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 the debt. The county attorney, or designee, is authorized to file suit on behalf of the county to collect any unpaid citations, and the county manager, the director of infrastructure and engineering, or their designee is authorized to verify and sign complaints on behalf of the county. The director of infrastructure and engineering, his designee, or other authorized county employee may issue a citation for violations of this section.
(2) Criminal penalties. In addition to or in lieu of civil penalties, violation of this section shall constitute a class 3 misdemeanor, pursuant to G.S. 14-4 and G.S. 160A175, as amended, punishable for each violation by a fine of up to $500.00 and/or incarceration for up to 30 days. A police officer may initiate the criminal process as provided by law.
(3) Other. Injunction, order of abatement, and other appropriate legal and equitable remedies may also enforce this section.
(c) Emergency suspension of service. The director may restrict or suspend reclaimed water service to any person who violates the rules and regulations on two or more occasions or if a reclaimed water emergency exists. The director or his/her designee shall make findings of fact to indicate the nature of the emergency and the actions of that person that exacerbates the emergency. The director may order that reclaimed water service to that person be suspended for a specified period of time. Suspension of reclaimed water service shall be performed in accordance with the county's ordinances, policies, practices, and procedures. In the event that the director orders that irrigation be suspended for a specified period of time, the director or his/her designee shall have the right and privilege to access, on private property if necessary, all necessary valves, hydrants, or flow restriction devices to isolate the flow of reclaimed water to the irrigation system.
(Ord. of 7-7-2003, § V)