(a) Civil judicial relief. At the request of the CWPCS, the Chief Legal Officer may institute proceedings in a court of competent jurisdiction for the abatement of any nuisance, and to seek relief for violations of this division, or permit or order issued under this division. The Chief Legal Officer may seek, and the court may impose, temporary or permanent injunctive relief, damages, civil penalties under § 46-135(b), costs and such other relief as the court may order.
(b) Civil penalties. In an action brought by the City against a person for violation of this division, or permit or order issued under this division, a court of competent jurisdiction may impose a civil penalty of up to $5,000.00 per day per violation. In calculating the amount of the penalty, the court shall consider the frequency of the violation by the person, the impact on human health and the environment of the violation, the economic benefit to the person gained by the violation, the magnitude and duration of the violation, the compliance history of the person, and other factors deemed appropriate by the court.
(c) Municipal civil infraction; civil fine. Violations of this division shall constitute a municipal civil infraction, and the CWPCS and City Enforcement Officers are authorized persons and authorized local officials to issue municipal civil infractions citations (“citations”) or municipal civil infraction notices to persons in violation of this division, except for violations punishable under § 46-137. A citation shall be a written complaint or notice to appear in the 68th District Court at the time and date specified. A citation may be issued for any violation of this division or permit or order issued under the division except for violations punishable under § 46-137. The civil fine for any violation of this division or permit or order issued under this division shall be up to $5,000.00 per violation per day. In calculating the amount of the municipal civil infraction fine, the CWPCS, City Enforcement Officer or the court shall consider the frequency of the violation by the person, environmental and human health impact of the violation, the economic benefit to the person gained by the violation, the magnitude and duration of the violation, the compliance history of the person, and other factors deemed appropriate by the court, the CWPCS or the City Enforcement Officer, as applicable. The provisions of Chapter 1, §§ 1-12 through 1-19 shall apply to municipal civil infraction citations and municipal civil infraction notices issued under this division.
(d) Cumulative remedies. The imposition of a single civil penalty, civil fine or criminal fine upon a person for violation of this division or permit or order issued under the division shall not preclude the imposition by the City or a court of competent jurisdiction of a combination of any or all of such sanctions and remedies or additional sanctions and remedies with respect to the same violation except as provided in § 46-135(c). Prosecutions of a criminal action against a person shall not be dependent upon or held in abeyance during any civil proceeding regarding the person.
(Ord. 3489, passed 2-25-2002; Ord. 3630, passed 12-13-2004; Ord. 3734, passed 11-19-2008)