45-316. Violation; civil penalties

A. A person who knowingly violates any provision of this article is subject to a civil penalty of not more than one hundred dollars for the first violation. A person who has previously been found in violation of any provision of this article is subject to a civil penalty of not more than two hundred fifty dollars for a second or any subsequent violation. The distribution, sale, offering for sale, importation or installation in this state of each plumbing fixture that fails to comply with the standards prescribed by this article constitutes a separate violation. Tampering with a fixture that was originally designed to comply with the standards prescribed by this article constitutes a violation. If a violation involves installing a fixture that does not comply with the standards prescribed by this article, the person who acquired the building or plumbing permit or the person who installed the fixture, or both, are subject to the penalties specified in this section.

B. The director, or a local official designated pursuant to section 9-500.08 or 11-251.09, shall bring an action to recover penalties under this section in superior court in the county in which the violation occurred, after a hearing conducted pursuant to section 45-318.

C. This section does not apply to the owner or occupant of a residential dwelling who violates this article in connection with the installation of a plumbing fixture in a residential dwelling occupied by the owner or occupant.

D. Except as provided in sections 9-500.08 and 11-251.09, all penalties collected under this article shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.