§ 62-310. Public utility violating any provision of Chapter, rules or orders; penalty; enforcement by injunction. - North Carolina Statutes

Article 15.

Penalties and Actions.

§ 62‑310.  Public utility violating anyprovision of Chapter, rules or orders; penalty; enforcement by injunction.

(a)        Any public utility which violates any of the provisions ofthis Chapter or refuses to conform to or obey any rule, order or regulation ofthe Commission shall, in addition to the other penalties prescribed in thisChapter forfeit and pay a sum up to one thousand dollars ($1,000) for eachoffense, to be recovered in an action to be instituted in the Superior Court ofWake County, in the name of the State of North Carolina on the relation of theUtilities Commission; and each day such public utility continues to violate anyprovision of this Chapter or continues to refuse to obey or perform any rule,order or regulation prescribed by the Commission shall be a separate offense.

(b)        If any person or corporation shall furnish water or sewerutility service in violation of any provision of this Chapter applicable towater or sewer utilities, except as to the reasonableness of rates or chargesand the discriminatory character thereof, or shall provide such service inviolation of any rule, regulation or order of the Commission, the Commissionshall apply to a superior court judge who has jurisdiction pursuant to G.S. 7A‑47.1or 7A‑48 in the district or set of districts as defined in G.S. 7A‑41.1in which the person or corporation so operates, for the enforcement of anyprovision of this Chapter or of any rule, regulation or order of theCommission. The court shall have jurisdiction to enforce obedience to thisChapter or to any rule, regulation or order of the Commission by appropriatewrit, order or other process restraining such person, corporation, or theirrepresentatives from further violation of this Chapter or of any rule,regulation or order of the Commission. (1899, c. 164, s. 23; Rev., s. 1087; C.S., s. 1106; 1933, c. 134, s. 8;c. 307, ss. 36, 37; 1941, c. 97; 1963, c. 1165, s. 1; 1973, c. 1073; 1987 (Reg.Sess., 1988), c. 1037, s. 96.)