(A) Any person found to be in violation of this subchapter will be fined in an amount not to exceed the amount set in § 52.999(B). Each day that the violation continues, shall be deemed to be a separate and distinct offense.
(B) In the event that the city determines that any well is a nuisance within the meaning of § 52.172 of this code, it shall send a written notice to the owner by certified mail, return receipt requested, notifying the addressee of the violation. The written notice shall contain the following information:
(1) The street address and legal description sufficient for identification of the premises on which the well is located;
(2) A brief and concise description of the acts or circumstances constituting the nuisance;
(3) A brief and concise description of the corrective action required to be taken to eliminate the nuisance; and
(4) A brief and concise statement advising the addressee that if the nuisance is not remedied within seven days after receipt of the certified letter, the city will request the City Attorney to file an action to abate the public nuisance.
(C) If the addressee of the notice referred to above fails to abate said nuisance within the time specified, the City Attorney shall, upon the request of the Mayor and City Council, proceed to abate said public nuisance pursuant to this code and take all steps to have the costs of said action assessed against the owner or the real estate upon which the well is located.
(D) In the event the use of the groundwater in violation of this subchapter might cause irreparable harm or pose a threat to public health, safety or welfare, the written notice to abate as set forth above, shall not be required as a condition precedent to commencing a legal action to obtain abatement of the nuisance. The city, upon the request of the Mayor and City Council, shall immediately file an action requesting such temporary and permanent orders as are appropriate to expeditiously and permanently abate said public nuisance and protect the public health, safety and welfare.
(Prior Code, § 52.149) Penalty, see § 52.999