§ 52.999 PENALTY.

   (A)   Any person (including any responsible officer or employee of a corporate violator) who willfully or negligently violates any provisions of this chapter, or falsifies any information or data in any application, report or other document given to the town under this chapter, shall be guilty of a misdemeanor punishable by a fine per occurrence or imprisonment, or both, as provided in G.S. § 14-4.

   (B)   Any person (including any corporation) who violates any provisions of this chapter shall be subject to the imposition by the Board of Aldermen of a civil penalty not to exceed $5,000 for each violation and, in addition, shall reimburse the town upon demand for any expenses, loss or damage actually sustained by the town to its sewer system, treatment plant, treatment processes or receiving waters as a result of the violation, and for the amount of any fine or penalty imposed upon the town by any state or federal regulatory agency as a result of the violation.  A civil penalty shall be assessed only after the town shall have given the alleged violator notice of contemplated Board action and a hearing if requested.  If the offender fails to pay the civil penalty so assessed within 15 days after written notice of final assessment thereof, then the penalty may be recovered by the town in a civil action in the nature of debt.

   (C)   (1)   Violation of any provisions of §§ 52.065 through 52.067 is a Class 3 misdemeanor as provided in G.S. § 14-4 and is punishable upon conviction by a fine not to exceed 30 days.

      (2)   The offender shall pay the civil penalty at the Town Hall within 72 hours following the receipt of the citation.  Each separate and distinct offense shall be subject to a civil penalty as follows:

 

First offense	$50
Second offense	$100
Third offense	$250
Each successive offense	$500

 

      (3)   This subchapter may also be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction.  In this case, the General Court of Justice shall have jurisdiction to issue such orders as may be appropriate, and it shall not be a defense to the application of the town for equitable relief that there is an adequate remedy at law.

(Ord. passed 2-3-1982; Ord. 07-38, passed 11-6-2007; Ord. 10-14, passed 9-7-2010)