§ 52.99 PENALTY.

   (A)   Generally. Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.

   (B)   Sanitary sewers.

      (1)   Civil penalties. Any user who is found to have violated an order of the City Council made in accordance with §§ 52.01 through 52.14 or who has failed to comply with any provisions of §§ 52.01 through 52.14, and the orders, rules, regulations and permits issued hereunder, except § 52.03(E), shall be liable for a civil penalty as set out in § 10.99 for each such offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.

      (2)   Protection from damage. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

      (3)   Costs of damage. Any user violating any of the provisions of §§ 52.01 through 52.14 or who has a discharge which causes a deposit, obstruction, damage or other impairment to the Cities of Dilworth/Moorhead wastewater disposal system shall become liable to the Cities of Dilworth/Moorhead for any expense, loss or damage caused by the violation or discharge. The City of Dilworth and, in the case of industrial waste, the City of Moorhead may add to the user’s charges and fees the costs assessed for any cleaning, repair or replacement work caused by the violation or discharge. Any refusal to pay the assessed costs shall constitute a violation of §§ 52.01 through 52.14.

      (4)   Cities of Dilworth/Moorhead attorney fees and costs. In addition to the civil penalties provided herein, the Cities of Dilworth/Moorhead may recover reasonable attorneys’ fees, court costs, court reporters’ fees and other expenses of litigation by an appropriate action against the person found to have violated this subchapter or the orders, rules, regulations and permits issued hereunder.

      (5)   Falsifying information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to §§ 52.01 through 52.14 or wastewater discharge permit, or who falsifies,

tampers with or knowingly renders inaccurate any monitoring device or method required under §§ 52.01 through 52.14 shall, upon conviction, be punished by a fine or by imprisonment for not more than 90 days, or by both, as set out in § 10.99.

      (6)   Assessment. In the case of partnerships and associations, the penalty may be imposed upon the partners or member thereof, and in the case of corporations and local government units, upon the person authorizing the violation or the officers thereof.

      (7)   Surcharge for infiltration/inflow.

         (a)   A surcharge as set out by the City Council per billing period is hereby imposed. This surcharge will be in addition to the regular sewer billing on and after January 1, 1998 to property owners who are not in compliance with § 52.03(E).

         (b)   The surcharge shall be levied monthly on properties not complying with § 52.03(E). All properties found during reinspection to have violated § 52.03(E) will be subject to the a bimonthly penalty for all months between the two most recent inspections.

   (C)   Connection of sump pump discharge lines to city’s edge drain. Any person violating any provision of §§ 52.25 through 52.27 shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine and costs of prosecution, or by imprisonment for not to exceed 90 days, or both, as set out in § 10.99.

(Ord. 96-2, passed 3-27-1996; Ord. 01-03, passed 6-11-2001)

Cross-reference:

   Fee schedule, see § 34.01