(a) Any person, firm, entity, or corporation who violates or fails to comply with any provision of Sections 1052.05 or 1052.06 is guilty of a misdemeanor of the second degree and shall be subject to a maximum fine of seven hundred fifty dollars ($750.00) and imprisonment for up to ninety days or both per violation. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. The violator shall also pay for the cost of all repairs needed for the stormwater conveyance system to function at expected capacity.
(b) Any person, firm, entity or corporation, including but not limited to the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of Section 1052.07, 1052.09, and 1052.10 is guilty of a misdemeanor of the fourth degree and shall be subject to a maximum fine of two hundred fifty dollars ($250.00) and imprisonment for up to thirty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(c) Any person, firm, entity or corporation; including but not limited to, the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this chapter for which no specific penalty is listed, is guilty of a minor misdemeanor and shall be subject to a maximum fine of one hundred fifty dollars ($150.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(d) The City may recover all attorneys' fees, court costs, and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses.
(e) The penalties and/or remedies listed in this chapter are not exclusive of any other penalties and/or remedies available under any applicable Federal or State laws, and it is within the discretion of the City to seek cumulative penalties and/or remedies.
(f) If a company or individual continually violates sections of this chapter (minimum of three separate occasions), in addition to all other penalties provided herein, the City has the right to revoke the contractor registration for an indefinite amount of time. At a time, no later than two years following the revoking of the contractor registration, may the company or individual appeal to the City for the renewal of the contractor registration. The City Engineer must approve of the renewal if it is revoked through this chapter.
(g) In addition to the enforcement processes and penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this chapter are considered a threat to public health, safety, and welfare, and are declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, in a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance.
(Ord. 134-16. Passed 12-27-16.)