(A) Application. This chapter shall apply to all water consumers of the town.
(B) Violation.
(1) In the event that the director shall declare one or more stages of water conservation as set forth herein, it shall be unlawful for any person to use or permit use of water supplied by the town in violation of any mandatory restrictions instituted.
(2) It shall be the duty of the Director of Public Works to investigate violations of the mandatory restrictions.
(3) Whenever the town has reasonable cause to believe that a person is violating any of the provisions of this section or any policy adopted hereunder, the Director of Public Works shall immediately notify that person of the violation by affixing a written notice of the violation to the property where the violation occurred and personally delivering or mailing such notice to the billing address of the consumer of record.
(4) Such notice shall describe the violation, order that it be corrected, cured or abated immediately or within such specified time as the public works director determines is reasonable under the circumstances and warn that more severe measures, such as civil penalties, criminal charges or termination of water service may be brought, assessed or imposed.
(5) All consumers shall cease any violation of the mandatory restrictions upon the order of the Director of Public Works. Notice under this section is effective upon posting of the property.
(6) If the order is not complied with, within the time period, the town may undertake enforcement action as outlined in this section.
(C) Enforcement. Any consumer within the town limits who violates any provision of the chapter, or who shall violate or fail to comply with any order made hereunder, shall be subject to any one, all, or a combination of the remedies described below, or appropriate equitable remedy issuing from a court of competent jurisdiction. This chapter may be enforced against out-of-town consumers by discontinuance of service.
(D) Equitable relief.
(1) The provisions of this chapter may be enforced by any appropriate equitable remedy, including a mandatory or prohibitory injunction, and an order of abatement as authorized by G.S. § 160A-175.
(2) The town may commence a civil action in the appropriate division of the general court of justice for enforcement in accordance with the provisions of G.S. § 160A-175.
(3) It shall not be a defense to the town’s application for equitable relief that there is an adequate remedy at law.
(E) Discontinuance of service. The town may discontinue water in accordance with the provisions of § 50.30.
(F) Penalty not a substitute remedy. The imposition of one or more penalties for any violation shall not excuse any violation or permit it to continue. Payment of fines and/or civil penalties will not authorize a consumer to return to the least severe penalty for subsequent violations. In other words, if a consumer comes into compliance after two offenses, the next offense shall be deemed a third offense rather than a first offense.
(G) Warning. The Director shall have authority, depending on the circumstances, to issue a warning for a first offense.
(Prior Code, § 15-54)