(A) A written notice of violation shall be given to any person who is determined to be in violation of any provision of this division.
(B) Such notice shall set forth the violation, and the time period within which the violation must be corrected. The violation shall be corrected within a reasonable time, not to exceed the time period specified in this division.
(C) If the town determines that the violation is occurring on a customer’s private water system, and that such violation has created, or contributed to, the existence of an existing, or imminent, hazard, the customer will be required to correct the violation immediately.
(D) Water service may be terminated to a customer if the customer fails, in a timely manner, to correct a violation. Termination of water service will be without prejudice to the town’s ability to assert any other remedy available against the customer, or any other person responsible for the violation, including declaring the violation to be a public nuisance to be corrected by the town, with a bill for the cost to repair being sent to the customer.
(E) Any person who violates the provisions of this division shall be subject to the following civil penalties:
(1) Any cross-connection not in compliance with this division involving a private water system, which is defined as an existing, imminent, or severe hazard, shall be liable for a penalty of $750 per day that the violation continues;
(2) Any cross-connection not in compliance with this division involving a private water system, which is defined as a moderate hazard, shall be liable for a penalty of $500 per day that the violation continues; and
(3) Any other violation of the provisions of this division shall subject the violator to a penalty of $250 per day that the violation continues.
(F) Any person violating any provision of this division shall pay to the town all expenses incurred by the town in repairing any damage to the water system caused in whole, or in part, by such violation, and any expenses incurred by the town in investigating such violation.
(G) From, and after, the expiration of the time period specified by the town for correcting a violation of this division, each subsequent day that the violation continues in existence shall constitute a separate, and distinct, offense.
(H) Any violations of the provisions of this article shall constitute a Class 3 misdemeanor punishable by a fine not exceeding a maximum of $500, as provided in G.S. § 14-4, and in addition thereto, such violation may be enjoined, and restrained, as provided in G.S. § 160A-175. The issuance of a criminal warrant shall not prohibit the imposition of civil penalties.
(Ord. 13-2004, passed 6-7-2004)