(A) Civil penalties.
(1) Administrative civil penalties. Any user violating this chapter, a wastewater contribution permit, or a final order is subject to an administrative civil penalty to be determined and assessed by the City Manager not to exceed $1,000 per day per violation. The City Manager, in calculating the amount of the penalty, shall consider the frequency of violations by the user, the impact of the violation on the POTW and human health and the environment, the magnitude of the violation, and other factors believed appropriate.
(2) Municipal civil infraction; civil fine. The City Manager is authorized to issue a civil infraction citation for any violation of this chapter, a wastewater contribution permit, or a final order, except for criminal violations. Each day of violation shall be a separate violation and may be punishable by a civil fine of not less than $100 for the first violation, not less than $250 for the second violation, and not less than $500 for each additional or subsequent violation within a two-year period, plus costs and all other remedies available by statue. The maximum fine for any violation shall not exceed $1,000.
(B) Judicial civil penalties. In any action brought by the city against a user for violation of this chapter, a wastewater contribution permit, or a final order, a court of competent jurisdiction may impose a civil penalty of up to $1,000 per day per violation. The $1,000 shall be adjusted upwards as of the effective date of State of Michigan legislation which authorizes a home rule city to impose penalties higher than $1,000. The adjustment shall be to the maximum amount then authorized by the laws of the State of Michigan.
(C) Criminal penalties. Any user who violates any provision of this chapter or a wastewater contribution permit or a final order issued under this chapter or who fails to pay a civil administrative penalty, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $500 and the costs of prosecution or by imprisonment for not more than 90 days, or by both. Each act or violation and every day upon which any violation shall occur shall constitute a separate offense.
(D) Cumulative remedies. The imposition of a single penalty, fine, order, damage, or surcharge upon a user for a violation of this chapter, a wastewater contribution permit, or a final order shall not preclude the imposition by the city or a court of competent jurisdiction of a combination of any or all of the sanctions and remedies or additional sanctions and remedies with respect to the same violation, consistent with applicable statutory limitations on penalty amounts. A criminal citation and prosecution of a criminal action against a user shall not be dependent upon or held in abeyance during any civil, judicial, or city administrative proceeding, conference, or hearing regarding the user.
(E) An individual who is an employee, officer, or director of a user which is an entity other than an individual may be subject to the civil administrative, civil judicial, and criminal penalties and sanctions under this division if the individual personally participated in the acts or omissions which constituted the violation or if the individual has responsibility for wastewater matters of the user or responsibility for the overall operation of the user or for the user’s facility at which the violation occurred.
(F) A violation of this chapter is also declared to be a public nuisance and the city may enforce by injunction or other remedy, including the right to correct the violation and bill the owner or person in charge of the premises therefor, and if not collected, the bill will become a lien upon the property. Charges for sewer furnished to any premises shall be a lien thereon and any charges delinquent for six months or more shall be certified annually to the assessor, who shall enter the same on the next tax roll against the premises to which the services shall have been rendered. The charges shall be collected and the lien shall be enforced in the same manner as provided for the collection of taxes assessed upon the roll and the enforcement and return thereof.
(Ord. 257, passed 6-3-91; Am. Ord. 333, passed 5-16-16)