(a) The owner of property on which is located an alternative onsite sewage system is subject to civil penalties for violations of Sections 1067.04 of this chapter, as follows:
(1) Failure to procure and file an annual inspection report in accordance with Section 1067.04(a) and (b) - one hundred dollars ($100.00) for an initial summons and one hundred fifty dollars ($150.00) for each additional summons.
(2) Failure to correct system deficiencies that jeopardize system performance or public safety in accordance with Section 1067.04(b) - one hundred dollars ($100) for an initial summons and one hundred fifty dollars ($150) for each additional summons.
(3) Failure to obtain the approval of the Health Officer for any modification, alteration of expansion of such system in accordance with Section 1067.04(c) - one hundred dollars ($100.00) for an initial summons and one hundred fifty dollars ($150.00) for each additional summons.
(4) Failure to repair or replace a failing system in accordance with Section 1067.04(d) - one hundred dollars ($100.00) for an initial summons and one hundred fifty dollars ($150.00) for each additional summons.
Each day during which the violation is found to have existed shall constitute a separate offense. However, specified violations arising from the same operative set of facts shall not be charged more frequently than once in any ten-day period, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties exceeding a total of three thousand dollars ($3,000). If the violation is not abated after the imposition of the maximum fine, the locality may pursue other remedies as provided by law. Designation of these particular ordinance violations for a civil penalty are in lieu of criminal penalties, except for any violation that contributes to or is likely to contribute to the pollution of public or private water supplies or the contraction or spread of infectious, contagious, and dangerous diseases.
The Health Officer may issue a civil summons ticket as provided by law for a scheduled violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the Treasurer of Loudoun County, Virginia prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged.
If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided for by law. In any trial for a scheduled violation, the locality shall have the burden of proving by a preponderance of the evidence the liability of the alleged violator. An admission of liability or finding of liability under this section shall not be deemed an admission at a criminal proceeding.
(b) Except as otherwise provided in this section, whoever violates any provision of this ordinance is subject to the General Code Penalty provisions in Section 202.99 of the Codified Ordinances of Loudoun County.
(c) In addition to the enforcement of the penalties provided in this section, the Health Officer may bring a civil action for injunction, abatement or any other legal or equitable remedy to prevent, enjoin, abate or remove a violation of the provisions of this chapter.
(Ord. 08-13. Passed 11-3-08; Ord. 13-06. Passed 4-3-13.)