(A) (1)
If the Workforce Manager finds that a user who has violated, or continues to violate, any provision of this chapter other than §§ 51.15(C)(4) and (C)(12), or an order issued hereunder, or any other requirement, the Workforce Manager may impose a fine of not more than $2,500 per day, per violation for a first violation; nor more than $7,500 per day, per violation for subsequent violations, in accordance with I.C. 36-1-3-8(a)(10)(B).
(2) With respect only to violations of §§ 51.15 (C)(4) and (C)(12) which continue beyond the compliance timetable established below, owners of property not certified to be in compliance will be billed on monthly city utility bills a surcharge as follows:
(3) All users shall be officially notified of their legal obligations under §§ 51.15(C)(4) and (C)(12) and this provision. All users’ property shall be brought into compliance on the following timetable:
(a) Phase 1: Users’ property located east of U.S. Highway 27, south of Main Street, and west of Brown Street (excluding east of Lehman Street, west of Brown Street and north of Franklin Street) must comply with the provisions noted above on or before July 31, 2020.
(b) Phase 2: Users’ property located east of U.S. Highway 27, north of Main Street, and west of Behring Street (excluding east of Baltimore Street, west of Behring Street and south of Water Street) must comply with the provisions noted above on or before July 31, 2022.
(c) Phase 3: Users’ property located east of Jefferson Street must comply with the provisions noted above on or before July 31, 2024.
(d) Users may petition the Storm Water Management Utility Board in writing for a 90-day extension from the above timetable in cases of documented unavailability of qualified tradespersons to accomplish the required plumbing modifications.
(4) Users may submit their documented costs directly associated with all compliance requirements of § 51.15(C)(4) concerning the elimination of private sewers to the city Sewer Department. The tradespersons rendering services to accomplish the compliance will be paid out of Sewer Department funds. The user so submitting such bills to the city shall agree to repay the full amount plus 3%, annual percentage rate, calculated and compounded monthly on the unpaid balance to the city over a billing period of no more than 84 months.
(5) Users may submit their documented costs directly associated with all compliance requirements of § 51.15(C)(12) concerning the elimination of storm water runoff from the public sanitary sewers to the city Department of Storm Water Management. The tradespersons rendering services to accomplish the compliance will be paid out of Department of Storm Water Management funds. The user so submitting such bills to the city shall agree to repay the full amount plus 3%, annual percentage rate, calculated and compounded monthly on the unpaid balance to the city over a billing period of no more than 60 months.
(B) The Workforce Manager may recover reasonable attorney’s fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
(C) In determining the amount of civil liability, the court shall take into account all relevant circumstances, including the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
(D) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(E) This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(Ord. 500, passed 6-9-01; Am. Ord. 536, passed 6-14-04; Am. Ord. 681, passed 8-22-16; Am. Ord. 716, passed 5-13-19)