(A) The remedies specified herein are cumulative and the city Manager or his or her designee, or the City Attorney, may proceed under these or any other remedies authorized by law. In addition to any other authorized remedies, a person who violates any provisions of this chapter shall be guilty of a misdemeanor. Each day of violation shall be a separate offense.
(B) Any person having control over an activity or any real property, or who causes, authorizes, facilitates, aids, or abets any violation of any provision of this chapter, or who fails to abate any nuisance or prohibited practice for which the person is responsible, is guilty of a Class 1 misdemeanor.
(C) The City Manager or his or her designee may issue a notice of violation or other compliance/enforcement documentation to any person who has violated or is in violation of this chapter. Failure to perform any act required in the notice of violation shall be a separate violation for each day the violation continues beyond the date of the notice.
(D) The transfer of ownership, possession, or control of real property to another person does not relieve the transferor of responsibility for violations of this chapter, as provided in division (B) of this section, which occurred before the transfer unless the transferee accepts responsibility for the violations.
(E) A person who violates this chapter is subject to a civil action in any court of competent jurisdiction to collect a civil sanction of not less than $50 nor more than $25,000 for each violation. Each day of each violation shall constitute a separate civil offense.
(F) The owner of record of the property upon which a violation of this chapter occurs shall be presumed to be a person having lawful control over an activity or real property, unless it is demonstrated that another person has knowingly and in good faith accepted responsibility for the activity or property at issue. If more than one person is identified as the owner of record, the persons shall be presumed to be jointly and severally in lawful possession and control of activity or land.
(G) Any person, builder, contractor, or other agent who encroaches into the right-of-way without researching (reviewing or purchasing maps) the location(s) of the public owned storm drain system will be required to repair or replace the damaged structures of the public owned storm drain system to the satisfaction of the City Engineer or his or her designee.
(H) Any person causing or contributing to a violation of this chapter or a permit issued in accordance herewith, shall notify the city immediately upon learning of the events that resulted in the violation. This notification shall be followed within five days by a detailed written statement describing the cause of the violation and the measures being taken to prevent reoccurrence. Neither the submission to city of the original notification, nor the detailed written statement, will not relieve the person of liability for any expense, loss or damage to the publicly owned storm drain system, or for any fines imposed on or by the city on account thereof.
(Prior Code, § 22-1-10)