(a) Duties and authority. The duties and authority of town code enforcement employees and inspectors are as follows:
(1) The town manager, his designees, and other duly authorized employees, hereinafter referred to as inspectors, properly identified by credentials of appointment and identification shall perform code enforcement and/or inspections. Inspection shall also be allowed by appropriate state and federal agencies. It shall be the duty of the inspector to make inspections, observations, measurements, sampling and testing in accordance with the provisions of this article. Such inspectors shall have no authority to inquire into any industrial process or to require or request the disclosure of any trade secrets beyond that point having a direct bearing on the kind or source of discharge to the sewers or waterways or other facilities of the town.
(2) Such inspectors shall have the right to enter upon real property over and through which the town has acquired an easement for the installation and maintenance of the sewer lines and facilities, and, in addition, they shall have, along with proper municipal inspectors, the right to go upon the property of individuals or industrial users of the system as provided in the utility service agreement mentioned in this section, for the purpose of determining compliance with the provisions of this article. All non-municipal sewer users shall execute, as a requirement for service, an agreement allowing sewer inspectors to enter upon the premises for the purpose of inspecting individual sewer collector lines, during reasonable times, so as to verify compliance with the terms and conditions of such service.
(3) While performing the necessary work on private properties referred to in this section, any inspector shall observe all safety rules applicable to the premises established by any commercial or industrial user.
(b) Damaging or tampering with facilities. It shall be unlawful and a violation of this section for any person to damage, destroy or tamper with any gauges, meters, lines, manholes and their covers, equipment, pumps, electrical connections, lift stations, or any appurtenances to the sewer lines of the town, and, in addition to the civil responsibility for any damage caused or occasioned by such person, such offender shall be liable for imposition of the penalties as provided in this article. It shall likewise be a violation of this section for any person to aid, assist, abet or permit a minor child to violate the provisions of this article, and such person shall be liable as a principal and subject to the identical penalties as to which any violator of this article would be liable.
(c) Penalties. If any person shall violate the provisions of this section, the town manager, his designee or the code enforcement officer shall give notice to the owner or to any person in possession of the subject property in writing and served by personal delivery or the most expeditious means possible, directing that all unlawful conditions existing thereupon be abated within ten days from the date of such notice; provided, that if, in the opinion of the town manager, his designee, or the code enforcement officer the unlawful condition is such that it is of imminent danger or peril to public, the public services department may, without notice, proceed to abate the same, and the cost thereof shall be charged against the property. The penalty for the violation of any provisions of this article shall be as prescribed by G.S. 14-4(a) Class 3 misdemeanor with a fine not to exceed $500.00. In addition to the criminal penalty, there shall also be levied a civil penalty (as provided in the same chapter) per separate offense per day plus any amount the town council shall find appropriate in case of damage to the system or the environment for the purpose of repairs or cleanup.
(d) Additional rules and regulations. In order to carry out the terms of this article, the town may promulgate such rules and regulations as deemed necessary, and the town manager is likewise vested, subject to ratification of the town council, with authority to act on behalf of the town in providing for the safety, maintenance, good order and proper function of the facilities of the town.
(Code 1989, § 51.04; Ord. of 11-13-2018)