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Any person who violates the provisions of this subchapter, who fails to carry out the duties and responsibilities imposed by this subchapter, or who impedes or interferes with any action undertaken or ordered pursuant to this subchapter shall be subject to the following procedures:
(A) If the Mayor, Manager, Water Superintendent, or other municipal official or officials charged with implementation and enforcement of this subchapter or a water supply shortage resolution learns or any violation or any water use restriction imposed pursuant to this subchapter, a written notice of the record shall be affixed to the property where the violation occurred and mailed to the customer of record and to any other person known to the town who is responsible for the violation or its correction. Said notice shall describe the violation and order that it be corrected, cured, or abated immediately or within such specified time as the town determines is reasonable under the circumstances. The order is not complied with in the time specified, the town may terminate water service to the customer subject the following procedures:
(1) The town shall give the customer a second notice accompanied by a $100 fine imposed. The violation is not abated and the fine is not paid within 72 hours, the town shall disconnect water service.
(2) The customer will have the opportunity to appeal the termination by requesting a hearing scheduled before the town governing body or a municipal official designated as a hearing officer by the governing body;
(3) If such a hearing is requested by the customer charged with the violation, he or she shall be given a full opportunity to be heard before termination is ordered; and
(4) The governing body or hearing officer shall make findings of fact and order whether service should continue or be terminated.
(B) A fee of $50 shall be paid for the reconnection of any water service terminated pursuant to division (A). In the event of subsequent violation within a six-month period, the reconnection fee shall be $200 for the second violation and $300 for each additional violation.
(C) Any customers may also be charged with violation of this subchapter and prosecuted in District Court. Any person so charged and found guilty of violating the provisions of this subchapter shall be guilty of a misdemeanor. Each day’s violation shall constitute a separate offense. The penalty for each violation shall be a maximum fine of $100 or imprisonment for not more than 30 days.
(Ord. O-2008-1, passed 1-3-2008)
The Town Manager is hereby appointed as a hearing officer for the purpose of conducting hearings and making findings of fact pursuant to § 50.67.
(Ord. O-2008-1, passed 1-3-2008)
(A) Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(B) Any person violating § 50.06 shall be fined $50. If payment is not made within 72 hours, this will be considered as a criminal matter and legal action will be taken. The person will, in addition to the fine, be responsible for paying all court costs.
(C) Any person using a public fire hydrant without first having complied with § 50.23 shall be guilty of a misdemeanor and in addition to any penalties provided for herein, subject to fine and imprisonment as provided by law. In addition to the criminal penalty specified herein, any person withdrawing water from a public fire hydrant without first obtaining the proper permit shall be subject to a fee of $100 per day, per hydrant, per truck and the fee to be in the nature of a civil penalty under the provisions of G.S. § 160A-175(c).
(Ord. 0-2007-16, passed 5-1-2007; Ord. passed 8-7-2007; Ord. O-2008-1, passed 1-3-2008)
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