(A) Injunctive relief. Whenever a person or industrial facility has violated or continues to violate the provisions of this chapter, or orders issued hereunder, the Director, with the advice and counsel of the City Attorney and the approval of the Manager, may petition the district court for the issuance of an injunction, which restrains or compels the activities on the part of the person or industry. A petition for injunctive relief shall not preclude any other action against a person or industrial facility.
(B) Criminal prosecution. It shall be unlawful and a misdemeanor offense for any person to violate any of the provisions of this chapter, or any order issued hereunder. Any person convicted of a violation of this chapter, or any order issued pursuant to this chapter, shall be guilty of a misdemeanor offense and shall be punished by a fine of not more than $200, excluding costs, fees and assessments, or by imprisonment in the City Jail for a period not exceeding ten days, or by both such fine and imprisonment. Each day, or portion thereof, during which a violation is committed, continued or permitted shall be deemed a separate offense.
(C) Remedies nonexclusive.
(1) The provisions of § 55.13 (A) and (B) of this chapter shall not be exclusive remedies. The city reserves the right to take any combination of actions against a violator of this chapter. These actions may be taken concurrently.
(2) The city 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.
(Ord. 2007-25, passed 11-19-07)