(a) Violations Generally. Any industrial user who willfully or negligently violates any provision of this chapter, or any permit or order issued under the provisions of this chapter, shall, upon conviction, be punished by a fine and/or imprisonment. The City shall have the authority to assess criminal penalties in at least the amount of one thousand dollars ($1,000) per violation per day. This provision shall not be construed to prohibit the City from assessing fines in an amount less than one thousand dollars ($1,000) if the circumstances, in the estimation of the City, warrant a lesser fine.
(b) Falsifying Information. Any industrial user 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 this chapter, or a permit or order issued under the provisions of this chapter, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction, be punished by a fine of not more than five thousand dollars ($5,000) per violation per day, or imprisonment for not more than six months, or both.
(c) Noncompliance With Notice. Except as otherwise provided in Section 925.13
(i) or subsection (a) or (b) hereof, any person served with the notice provided for in Section 925.23
, who continues any violation beyond the time allotted for compliance, shall be guilty of a misdemeanor and shall be fined not more than one thousand dollars ($1,000) for individuals and five thousand dollars ($5,000) for partnerships or corporations or imprisoned not more than thirty days for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. However, no additional notice of violation shall be required to be given for the subsequent days.
(d) Liability to City; Attorney's Fees, Court Costs, Etc. In addition to the civil and criminal penalties provided in this chapter, whoever violates or fails to comply with any of the provisions of this chapter shall be liable to the City for any expense, loss or damage to the Municipality occasioned by reason of such violation or noncompliance. Also in addition to the civil and criminal penalties and damages provided for in this chapter, the City may recover reasonable attorney's fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses.
(e) Determination of Liability. The City shall petition the court to impose, assess and recover such sums. In determining the amount of liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the industrial user's violation, corrective actions by the industrial user, the compliance history of the user and any other factor as justice requires.
(Ord. 5330. Passed 10-15-91.)