(A) In addition to charging violators of this chapter with a misdemeanor offense under the provisions of G.S. § 14-4, this chapter may also be enforced by appropriate equitable remedies, including mandatory injunction, issued by a court of competent jurisdiction as provided by G.S. § 160A-175(d) and (e).
(B) The owner, manager, supervisor, or person in charge of any installation found not be in compliance with the provisions of this chapter shall be notified in writing specifying the nature of the violation and the corrective action to betaken within the time given.
(C) The owner, manager, supervisor, or person in charge of any installation which remains in noncompliance after the time prescribe in the initial notification, as outlined in division (D) below, shall be considered in violation of this chapter, and may be issued a notice of violation (NOV) by the town. The NOV shall be sent by registered mail and shall specify the nature of the violation and the provision of this chapter violated, and further notify the offender that the civil penalty for such violation is as set forth in § 50.99(B), and is to be paid to the town within 29 days. If the penalty prescribed in this chapter is not paid within the time allowed, the town may initiate a civil action in the nature of a debt and recover the sums set forth in § 50.99 plus the cost of the action
(D) If, in the judgment of the town, any owner, manager, supervisor, or person in charge of any installation found to be in noncompliance with the provisions of this chapter neglects his, her, or their responsibility to correct the violation, such neglect may result in discontinuance of water service until compliance is achieved.
(E) Enforcement of this program shall be administered by the Public Works Director of the town.
(F) Request for extension of time shall be made in writing to the Public Works Director of the town. All other appeals shall be made in accordance with the following procedures.
(1) Adjudicatory hearings. A consumer assessed a civil penalty under this section shall have the right to an adjudicator hearing officer designated by the Public Works Director of the town upon making written demand, identifying the specific issues to be contested, to the Public Works Director of the town within 30 days following notice of final decision to assess a civil penalty. Unless such demand is made within the time specified in this chapter, the decision on the civil penalty assessment shall be final and binding.
(2) Appeal hearings. Any decision of the town hearing officer made as a result of an adjudicator hearing held under division (F)(1) above may be appealed by any party to the town’s Board of Commissioners upon filing a written demand within ten days of receipt of notice of decision. Hearings held under this section shall be conducted in accordance with the town hearing procedures. Failure to make written demand within the time specified in this division (F) shall bar further appeal. The town shall make a decision on the appeal with 90 days of the date the appeal was filed and shall transmit a written copy of its decision by registered or certified mail.
(3) Official record. When a final decision is issued under division (F)(2) above, the town shall prepare an official record of the case that includes:
(a) All notices, motions and other evidence introduced;
(b) A copy of all documentary evidence introduced;
(c) A certified transcript of all testimony taken, if testimony is transcribed. If testimony is taken and not transcribed, than a narrative summary of any testimony taken; and
(d) A copy of the final decision of the town.
(Prior Code, § 15-3) (Ord. passed 7-22-1986) Penalty, see § 50.99