(A) Any person (including any responsible officer(s) or employee(s) of a corporate violator) who willfully or negligently violates any provisions of the 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, and shall be punishable by fine not to exceed $1,000 or imprisonment not to exceed 30 days, or both, in the discretion of the court. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense subject to a separate and distinct fine.
(B) Any person (including any corporation) who violates any provisions of this chapter shall in addition to the criminal penalties as outlined above be subject to the imposition by the Board of Commissioners of a civil penalty payable to the town 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 or wastewater treatment plant, treatment processes or receiving waters as a result of the violation, and in addition to any civil penalty imposed by the town shall be liable for the amount of any fine or penalty imposed upon the town by the state or federal regulatory agency as a result of the violations.
(C) The civil penalty shall be assessed only after the town shall have given the alleged violator notice in writing of the alleged violation. The notice shall notify the alleged violator that a hearing before the Town Board will be held at a designated time and place not more than ten days after the date the notice is sent to the alleged violator. At the hearing the Town Board shall hear evidence from the Town Manager and Town Engineer and any other appropriate officials regarding the alleged violation. After hearing the evidence, the Town Board shall make appropriate findings of fact and conclusions of law regarding the alleged violation and shall determine whether or not a civil penalty is to be assessed against the alleged violator. If a civil penalty is deemed appropriate, the Town Board shall have authority to assess a civil penalty against the alleged violator in the amounts provided above.
(D) The Town Clerk shall certify in writing to the alleged violator the decision of the Town Board within ten days after the decision is made by mailing by certified mail to the alleged violator a copy of the decision setting forth the findings of fact and conclusions of law as made by the Town Board.
(E) After receiving notice of the Town Board's decision, the alleged violator shall have the right to appeal that decision to Onslow County Superior Court and any act on the part of the town to collect the imposed civil penalty shall be stayed until a decision is either upheld or reversed by the Superior Court.
(F) If the alleged violator does not appeal the decision of the Town Board within ten days after receipt of the same, then the civil penalty assessed shall become immediately due and payable and shall be a lien upon all of the property of the alleged violator located in the town, county, and state. The town shall have the authority to begin a civil action in the nature of a debt to recover the civil penalty imposed by the town.
(OC, § 5-2-44) (Ord. passed 3-8-88)