§ 50.999  PENALTY.
   (A)   Violations of this chapter are hereby declared to be public nuisances misdemeanors punishable upon conviction as provided by state law. The city may maintain actions in equity to abate nuisances or enforcement may be accomplished by criminal prosecution, or both.
   (B)   Violation of any provision of this chapter shall be deemed public nuisances, misdemeanors, and, upon conviction thereof, punishable in accordance with state laws thereunto appertaining.
   (C)   (1)   Sewer service charges levied by the city against the sewer users in accordance with this chapter shall be a debt due to the city and shall be a lien upon the property.
      (2)   If this debt is not paid within 30 days after it shall be due, it shall be deemed delinquent. The city may certify unpaid charges to the County Auditor for collection as special assessments with real property taxes pursuant to M.S. Ch. 444, as it may be amended from time to time.
      (3)   Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties.
      (4)   Any charges levied pursuant to this chapter and which have been properly sent to the occupant or owner and not paid may be recovered in a civil action by the city in any court of competent jurisdiction.
   (D)   (1)   Written notice of violations. Any person found to be violating any provision of this chapter shall be declared a public nuisance and shall be served by the city with a written notice stating the nature of the violation and providing a reasonable time for the satisfactory correction thereof. The offender shall, within the period of time stated in the notice, permanently cease all violations.
      (2)   Abatement of nuisance without notice. If the Approving Authority determines that a public nuisance exists within the city and that there is great and immediate danger to the wastewater collection and treatment facilities or the public health, safety, peace, morals, or decency, the Approving Authority may cause the same to be abated and charge the cost thereof to the owner, occupant, or person causing, permitting, or maintaining the nuisance, as the case may be.
      (3)   Accidental discharge. Any person found to be responsible for accidentally allowing a deleterious discharge into the sewer system which causes damage to the wastewater collection and treatment facility and/or receiving body of water shall in addition to a fine, pay an amount to cover any damages, both values to be established by the Approving Authority.
      (4)   Continued violations. Any person, partnership, or corporation or any officer, agency, or employee thereof who shall continue any violation beyond the aforesaid notice time limit provided shall upon conviction thereof be deemed guilty of a misdemeanor and punished therefor in accordance with state law together with the cost of prosecution. Each day in which any violation is continued beyond the aforesaid notice time limit shall be deemed a separate offense.
      (5)   Liability to municipality for losses. Any person violating any provisions of this chapter shall become liable to the city for any expense, loss, or damage occasioned by reason of the violation which the city may suffer as a result thereof.
(Prior Code Ch. 50, § 16)