(A) Generally. Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(1) Notice of violation. Any person found to be violating any provision of §§ 52.001 through 52.010, 52.025 through 52.034, 52.045 through 52.054, 52.065 through 52.073, 52.085 through 52.097 and 52.110 through 52.119, except § 52.004(A), (C) and (D), shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in the notice, permanently cease all violations.
(2) Continuing violations. Any person who shall continue any violation beyond the time limit provided for in division (A)(1) above, commits a municipal infraction, and on conviction thereof shall be fined an amount not exceeding $100 for each violation. Each day in which any violation shall continue shall be deemed a separate offense.
(3) Liability imposed. Any person violating any of the provisions of these chapters shall become liable to the city for any expense, loss or damage occasioned the city by reason of the violation.
(1999 Code, § 95.11)
(C) Sewage pretreatment program.
(1) Civil penalties. Any user who is found to have violated an order of the Council or who has failed to comply with any provision of §§ 52.130 through 52.151 and orders, rules and regulations and permits issued hereunder shall be fined not more than $1,000 for each offense. Each day on which a violation occurs or continues is deemed a separate and distinct offense. In addition to the penalties provided herein, the city may recover reasonable attorneys’ fees, court costs, court reporters’ fees and other expenses of litigation by appropriate suit at law against the person found to have violated §§ 52.130 through 52.151 or the orders, rules, regulations and permits issued hereunder.
(2) Recovery of costs for damage. Any user violating any of the provisions of §§ 52.130 through 52.151 or who has a discharge which causes a deposit, obstruction, damage or other impairment to the city’s POTW shall be liable to the city for any expense, loss or damage caused by the violation or discharge. The city may add to the user’s charges and fees the costs assessed or incurred for any cleaning, repair or replacement work caused by the violation or discharge, or may bill the user directly. Refusal to pay the assessed or incurred costs shall constitute a violation of §§ 52.130 through 52.151.
(3) Falsifying information. Any person who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to §§ 52.130 through 52.151, or wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under §§ 52.130 through 52.151 shall upon conviction be punished by a fine of not more than $100.
(1999 Code, § 101.23) (Ord. 2560, passed 12-12-2017)