§ 53.99  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)   Penalties for violation of mandatory restrictions.  Any user who is found to have failed to comply with any of the mandatory restrictions set forth in these regulations may be fined in accordance with G.S. § 160A-175(c) with a civil penalty of $1,000, to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within 15 days of being cited for the violation Each day’s continuing violation is a separate and distinct offense.
(Ord. passed 8-15-1990; Ord. 07-38, passed 11-6-2007)