(A) General enforcement remedies.
(1) The city may enforce this subchapter and abate violations of it through injunctions and abatement orders under G.S. § 160A-175(a) and (e), through an appropriate equitable remedy under G.S. § 160A-175(d), or through the city's powers to abate public health nuisances under G.S. § 160A-193.
(2) A violation of any provision of this subchapter shall constitute a misdemeanor under G.S. § 14-4(a), punishable by a fine of not more than $500 or imprisonment for not more than 30 days or both, and every day that any violation continues after a person has been notified that the violation exists, and that he or she is subject to the penalties above and those provided for in division (B) of this section, shall constitute a separate offense and separate violation.
(3) The city may enforce this subchapter by any one or any combination of the remedies specified in this division (A) and in division (B) of this section.
(B) Revocation of permits and lake privileges.
(1) Upon receiving credible evidence of a violation of any provision of this subchapter, the City Manager may give written notice to the alleged offender of the nature of the violation and schedule a hearing within 15 days after the mailing of the written notice to determine the existence or nonexistence of the violation.
(2) At the hearing, the City Manager shall hear all relevant evidence, including all relevant evidence presented by the alleged offender. Within five working days after the hearing, the City Manager shall determine whether it has been established by the preponderance of the evidence that the alleged offender committed the violation, and shall notify the alleged offender in writing of the City Manager's decision on this issue, any enforcement-action decision and appeal rights.
(3) To appeal a finding of a violation and any enforcement-action decision, the offender must submit a written request of appeal for a hearing before the City Council, which written request must be received in the City Manager's office within 15 days after the date of the mailing of the Manager's written decision to the offender. Depending upon the nature and severity of the violation, the Manager's enforcement action may prescribe that it is effective immediately and is not stayed pending the offender's appeal.
(4) If the offender gives proper and timely notice of appeal, the City Council shall conduct a hearing within 90 days after the taking of the appeal, at which hearing the Council shall hear all relevant evidence, including any relevant evidence presented by the offender. Based on the preponderance of the evidence presented, and by majority vote, the City Council shall affirm, reverse or modify the Manager's decision or enforcement action as the Council finds appropriate.
(5) In determining any appropriate enforcement action, the City Manager, and the City Council if an appeal is taken, shall consider the following general enforcement guidelines, but may depart from them in making an enforcement-action decision if the particular circumstances of the case reasonably warrant a departure from the general guidelines:
(a) For violations that are not deemed an immediate threat to water quality or pose no immediate safety hazard, along with a requirement that the offender take all appropriate corrective action by a specified date:
1. The first violation should generally result in a warning to the offender;
2. The second violation should generally result in a 30-day revocation of any applicable permit held by the offender, and a concurrent 30-day revocation of the offender's right to engage in that use of the lake to which the violation relates;
3. The third violation should generally result in a one-year revocation of all permits held by the offender, and a concurrent one-year revocation of the offender's right to use the lake for any purpose.
(b) For violations that are deemed an immediate threat to water quality or pose an immediate safety hazard, along with a requirement that the offender immediately take all appropriate corrective action:
1. The first violation should generally result in a warning and a one-week revocation of all permits held by the offender, along with a concurrent one-week revocation of the offender's right to use the lake for any purpose;
2. The second violation should generally result in a one-year revocation of all permits held by the offender, along with a concurrent one-year revocation of the offender's right to use the lake for any purpose;
3. The third violation should generally result in a permanent revocation of all permits held by the offender, and a permanent revocation of the offender's right to use the lake for any purpose.
(c) For purposes of divisions (B)(5)(a) and (b), if an offender does not commit a second violation of any provision of this subchapter within 12 months following the effective date of the final decision for a first violation, the offender's violation count shall be reset to zero.
(Ord. passed 8-8-00)