(A) Criminal.
(1) Any person convicted of violating any of the provisions of this chapter or any rule or regulation of the Administrator is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in § 698.02 of this code of ordinances.
(2) A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(3) All persons owning, operating or in charge or control of any equipment which shall permit any violation of this chapter shall be individually and collectively liable for any penalties imposed by this chapter.
(4) Prosecutions shall be instituted by the Administrator in the name of the city. The city may, in addition to the prosecutions hereinabove authorized, maintain any other legal or equitable action for the abatement of pollution.
(B) Civil.
(1) The Administrator shall have the right to assess appropriate civil penalties for non-compliance.
(2) The Administrator shall consider the following criteria in assessing civil penalties:
(a) The economic benefit to the violator of the deferral of a remedial action;
(b) The degree of environmental harm from the violation;
(c) The recalcitrance of the violator;
(d) Good faith efforts on behalf of the violator to take appropriate remedial action; and
(e) The duration of the violation.
(C) Other remedies. The imposition of a penalty or any restriction in this chapter shall not be construed to abridge or otherwise impair the right of any person to maintain any action or take other appropriate measures to obtain damages or other relief on account of injuries to persons or property.
(Ord. 103-1993, passed 12-20-1993)