Sec. 8-2198. - ENFORCEMENT PROCEDURE.
(a) Whenever the Raleigh Director of Public Utilities or his designee finds that any person has violated or is violating this article, any permit issued pursuant to this article, or any regulation, standard, rule or order adopted in furtherance of this article, the Raleigh Director of Public Utilities or his designee may serve upon such a person a written notice stating the nature of the violation. If requested by the Raleigh Director of Public Utilities or his designee, a plan for the satisfactory correction thereof shall be submitted to the Raleigh Director of Public Utilities or his designee within the timeframe specified in the enforcement policy adopted in accordance with subsection (e) below. Submission of this plan does not relieve the person of liability for any violations occurring before or after receipt of the notice of violation. In the event of an emergency that requires the City to take immediate action to correct the violation, the City is not required to provide an opportunity for the violator to correct the violations and may assess penalties and costs pursuant to this section without prior notice.
(b) Any person who is found to have failed to comply with any provision of this article, any permit issued pursuant to this article, or any regulation, standard, rule or order adopted in furtherance of this article, shall be subject to a civil penalty as follows:
(1) For a first-time violator where the violation was not committed willfully or intentionally and is not an actual or potential risk to public health or safety, two hundred fifty dollars ($250.00) per day per violation.
(2) For a first-time violator where the violation was not committed willfully or intentionally and is an actual or potential risk to public health or safety, five hundred dollars ($500.00) per day per violation.
(3) For a repeat violator where the violations was not committed willfully or intentionally and is not an actual or potential risk to public health or safety, five hundred dollars ($500.00) per day per violation.
(4) For a repeat violator where the violations was not committed willfully or intentionally and is an actual or potential risk to public health or safety, one thousand dollars ($1,000.00) per day per violation.
(5) For a violator where the violation was committed willfully or intentionally, one thousand five hundred dollars ($1,500.00) per violation.
The notice of the civil penalty assessment shall be issued in writing and shall set forth with reasonable care the basis of the civil penalty and any administrative costs and the costs to the City of rectifying the noncompliance that are assessed.
(c) Failure to obtain any permit required by this article or any other violation by any person authorized to perform work in or upon the utility system shall subject the violator to the following penalties:
(1) For the first violation, the person shall be subject to a civil penalty in the amount of one hundred dollars ($100.00) plus any permit fee, if applicable.
(2) For the second violation in a five-year period, the person shall be subject to a civil penalty in the amount of two hundred dollars ($200.00) plus any permit fee, if applicable.
(3) For the third violation in a five-year period, the person shall be subject to a civil penalty in the amount of five hundred dollars ($500.00) plus any permit fee, if applicable, and for each subsequent violation the person shall be subject to a civil penalty in the amount of five hundred dollars ($500.00) plus any permit fee, if applicable, up to the fifth violation.
(4) After the fifth violation in a five-year period, the privilege and right of the person to work in and/or upon the Raleigh water and sewer utility system shall be suspended for a period of twelve (12) months from the date of the sixth violation.
(d) Any person violating any section of this article must pay to the City all expenses incurred by the City in repairing any damage to the utility system caused in whole or in part by such violation and any expense incurred by the City in investigating such violation.
(e) The Raleigh Director of Public Utilities shall maintain an enforcement policy to implement this section which shall be submitted to the City Council for approval.
(f) From and after the expiration of the time period specified in the notice of violation issued pursuant to subsection (a) above of this section for correcting a violation of this article, each subsequent day that the violation continues in existence shall constitute a separate and distinct offense subject to additional civil penalties.
(g) Any appeal from a notice of violation or civil penalty assessment shall be made in writing to the Raleigh Director of Public Utilities within thirty (30) days of receipt of the notice of violation or civil penalty assessment issued pursuant to this section. The Raleigh Director of Public Utilities shall use all reasonable efforts to notify the appellant in writing of his or her decision within sixty (60) days of receipt of the notice of appeal pursuant to the enforcement policy adopted pursuant to subsection (e) above of this section.
(h) All notices required by this subsection may be served by certified mail or hand-delivery to the violator; certified mail or hand-delivery to the owner of the property in violation; or posting the notice at the property in violation. When service is made by certified mail, a copy of the notice may also be sent by First Class U.S. Mail. Service shall be deemed sufficient if the notice sent by First Class U.S. Mail is not returned by the U.S. Post office seven (7) days after mailing.
(i) If payment is not received or equitable settlement reached after thirty (30) days after demand for payment is first made, the matter shall be referred to the City Attorney for institution of a civil action in the name of the City in the appropriate division of the general court of justice of Wake County for recovery of the penalty. If payment is not received or equitable settlement has not been reached within the specified time period, the City may interrupt water and sewer service to the property until such time that payment is received or equitable settlement has been reached.
(j) Any person who violates any of the provisions of this article, any permit, or any regulation, standard, rule or order duly adopted in furtherance of this article, or who undertakes or continues any alteration, extension or construction of the utility system or part thereof without first obtaining a permit or written permission or who undertakes or continues any alteration, extension, or construction of the utility system or part thereof, except in conformity with the terms, conditions, requirements and provisions of an approved application, plan, or both shall be guilty of a misdemeanor punishable by imprisonment to the maximum number of days prescribed by law.
(k) Whenever the City Council has reasonable cause to believe that any person is violating or threatening to violate any of the provisions of this article, or any permit, or any regulation, standard, rule or order duly adopted in furtherance of this article, or is undertaking or continuing any alteration, extension and construction of the utility system without first obtaining a permit or written permission, or is undertaking or continuing any alterations, extension, or construction of the utility system or part thereof, except in conformity with the terms, conditions, requirements and provisions of an approved application, plan, or both, the City may, either before or after the institution of any other action or proceeding authorized by this Code, institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. The institution of an action for injunctive relief under this subsection shall not relieve any party to such proceeding from any civil or criminal penalty prescribed for violations of this Code. The terms "undertakes" or "undertaking" as used in this section means the initiating of or continuing of or being financially responsible for any activity or phase of activity which results in the extension, construction, or alteration of any part of the utility system of the City.
(l) The penalties and enforcement provisions established by this article may be applied in addition to or in lieu of the penalties established by other sections of this Code and applicable ordinances. The remedies provided for in this article are not exclusive. The Raleigh Director of Public Utilities or his designee may take any, all, or any combination of these actions against a violator.
(Ord. No. 2006-100, §1, 9-19-06; Ord. No. 2014-262, §50, 1-21-14, eff. 1-26-14; Ord. No. 2014-337, §9, 9-2-14, eff. 9-7-14)
