(A) Fines.
(1) Any person violating any provision of this chapter shall be responsible for a municipal civil infraction and subject to a fine of not less than $500 for a first offense, and not less than $1,000 for a subsequent offense, plus city costs, damages and expenses. Each day a violation occurs or continues shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day.
(2) The rights and remedies provided for in this section are cumulative and in addition to any other remedies provided by law.
(3) An admission or determination of responsibility shall not exempt the offender from compliance with the requirements of this chapter.
(4) For purposes of this section,
SUBSEQUENT OFFENSE means a violation of the provisions of this chapter committed by the same person within 12 months of a previous violation of the same provision of this chapter for which the person admitted responsibility or was adjudicated to be responsible.
(5) The city Storm Water Coordinator, Planning and Zoning Director, Building Inspector or other city authorized storm water inspector is authorized to issue municipal civil infraction citations to any person alleged to be violating any provision of this chapter.
(6) Any person who neglects or fails to comply with a stop work order issued under § 157.096 shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $5,000, and the person shall also pay such costs as may be imposed in the discretion of the court.
(7) Any person who aids or abets a person in a violation of this chapter shall be subject to the sanctions provided in this section.
(B) Suspension due to illicit discharges in emergency situations. The city may, without prior notice, suspend storm sewer discharge access to a person when a suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the receiving sewer system or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the city may take such steps as deemed necessary to prevent or minimize damage to the receiving sewers or waters of the United States, or to minimize danger to persons.
(C) Suspension due to the detection of illicit discharge. Any person discharging to storm sewers in violation of this chapter may have their storm sewer access terminated if the termination would abate or reduce an illicit discharge. The city will notify a violator of the proposed termination of its storm sewer access. The violator may petition the city for a reconsideration and hearing. A person commits an offense if the person reinstates storm sewer access to premises terminated pursuant to this section, without the prior approval of the authorized enforcement agency.
(Ord. 35-2004, passed 10-12-04; Am. Ord. 37-2005, passed 10-11-05)