§ 51.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

   (B)   (1)   Criminal penalty.

         (a)   General. Any person who violates any of the provisions of §§ 51.20 through 51.29 of this chapter or who makes any false statement on a certificate of compliance shall be guilty of a misdemeanor, punishable by imprisonment or a fine or both as defined by law, except as noted below.

         (b)   First pumping and/or inspection violation. Any person who fails to conduct required ISTS pumping or inspection shall be guilty of a petty misdemeanor, punishable by a fine, as defined by law, for the first violation only.

         (c)   Additional pumping and/or inspection violation(s). After a first violation, if the violation fails to be taken care of within a set period of time, regardless of whether the city pursues the charges of petty misdemeanor, a property owner who fails to conduct a required ISTS pumping or inspection shall be guilty of a misdemeanor, punishable by imprisonment or a fine or both as defined by law.

         (d)   Repair and resolution. Any person who fails to repair and resolve a failing septic system which is an imminent health hazard or is approaching the status of an imminent health hazard shall be guilty of a misdemeanor, punishable by a fine or imprisonment or both as defined by law.

      (2)   Civil remedy. In the event of a violation of §§ 51.20 through 51.29 of this chapter, in addition to other remedies, the City Attorney may institute appropriate actions or proceedings to prevent, restrain, correct or abate such violations.

      (3)   Permits. No building permit, certificate of occupancy, license or other permit shall be issued for the construction, use or occupancy of any parcel of property within the city unless the requirements of §§ 51.20 through 51.29 of this chapter are met with respect to said parcel of property.

   (C)   (1)   Upon determination that a user has violated or is violating applicable provisions of §§ 51.40 through 51.48 of this chapter or related permits, the authorized representative may issue a notice of violation. Within ten days of such notification, the violator shall submit to the authorized representative an adequate explanation for the violation and a plan for the correction and prevention of such occurrences, including specific actions required. Submission of such a plan in no way relieves the violator of liability for any violations occurring before or after the issuance of the notice of violation.

      (2)   Any violation is subject to a fine not exceeding $700 and/or 90 days in jail. Each day in which any such violation occurs shall be deemed as a separate offense. Such fines may be added to the user’s next sewer service charge and will hence be subject to the same collection regulations as specified in §§ 51.40 through 51.48 of this chapter.

      (3)   To collect delinquent sewer service charge accounts, the city may file a civil action suit or levy a lien against the violator. Related attorneys’ fees fixed by court order shall also be collected. The violator shall be liable for interest on all balances at a rate of 10% annually.

      (4)   Any person violating any of the provisions of §§ 51.40 through 51.48 of this chapter shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation.

(Ord. 2000-2, passed - -2000; Ord. 2000-08, passed - -2000; Ord. 2003-09, passed 7-8-2003)