(A) Criminal penalty. The owner or holder of any property found to be in violation of any section of this chapter, and upon issuance and receipt of the NOV III, shall be guilty of a Class A misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500 or by imprisonment for a term not to exceed 12 months, or both. Each day (24-hour period) on which a violation occurs or continues shall constitute a separate offense under this chapter.
(B) Civil penalty. As an alternative to, or in conjunction with the penalty set forth herein, any person found to be in violation of this chapter, and upon receipt of the NOV III, may also be assessed a civil penalty not to exceed $1,000, payable to the county, within 20 days of the issuance of the citation. Civil penalties not paid within the time prescribed herein may be recovered by the county in a civil action, in the same manner provided for the collection of a civil debt.
(C) Legal and equitable remedies. In addition to the penalties prescribed herein, the county may institute appropriate actions or proceedings at law or equity, including mandatory injunctive relief, to enforce the provisions of this chapter, and/or to correct violations thereof. The conviction and punishment of any person hereunder shall not relieve said person of the responsibility to abate or correct prohibited nuisances, encroachments, or conditions, or to remove prohibited obstructions, structures, impediments, improvements, or any other material or object from any public storm sewer system, nor prevent the enforcement, correction, or removal.
(Ord. KOC 630.1 (2013), passed 11-7-2013; Ord. KOC 630.1 (2015), passed 7-2-2015)