§ 17-109. Violations.
(a)
Notification of violation.
(1)
A written notice must be presented to any customer/person who has been found to be in violation of any part of this article.
(2)
Such notice must explain the violation and give the time period within which the violation must be corrected. The time period set to correct a violation shall not exceed thirty (30) days after receiving notice unless otherwise specified by the time period chart subsection 17-106(8). If the violation has been determined by the Administrator to be an imminent hazard the customer shall be required to correct the violation immediately.
(3)
In the event a customer is found in violation of this article and fails to correct the violation in a timely manner or to pay any civil penalty or expense assessed under this section, water service will be terminated.
(b)
The violation of any section of this article may be punished by a civil penalty listed as follows:
(1)
Unprotected cross connection involving a private water system, which has an imminent hazard: One thousand dollars ($1,000.00) per day not to exceed ten thousand dollars ($10,000.00).
(2)
Unprotected cross connection involving a private water system, which is of a moderate or high hazard: Five hundred dollars ($500.00).
(3)
Submitting false records or failure to submit records, which are required by this article: Five hundred dollars ($500.00).
(4)
Failure to test or maintain backflow prevention assemblies as required: One hundred dollars ($100.00) per day.
(c)
Reduction of penalty.
(1)
The administrator may reduce or dismiss any civil penalty imposed under this section if the administrator has determined that the person charged with the violation has no past history of violation in a timely manner as set by the administrator.
(2)
No civil penalty shall be reduced if it has been determined the violation was intentional.
(3)
Any person violating any part of this ordinance must reimburse the City of Kannapolis for any expenses in repairing damage to the public water system caused by any violation and any expenses incurred for investigating a violation.
(Ord. of 9-23-02, § 8)