(a) Civil judicial relief. The City Director, through the Chief Legal Officer, may pursue an action at law or in equity to enjoin, abate or prosecute any violation of this division, a use permit or an order. The City Director may seek temporary or permanent injunctive relief, damages, compensatory charges, civil penalties under subsection (b) of this section, costs under §§ 46-157, 46-162(d), 46-166(e), 46-171, and 46-172; and such other relief as a court may order.
(b) Civil penalties. In an action brought by the City against a user for violation of this division, a use permit or an order, a court 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; the impact on the POTW, human health and the environment; the magnitude and duration of the violation; the economic benefit to the user from the violation; the compliance history of the user; 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 City Director and City Enforcement Officers are authorized persons and authorized local officials to issue a municipal civil infraction citation or a municipal civil infraction notice for any violation of this division, a use permit or an order, except for violations punishable under § 46-168. The municipal civil infraction civil fine for any violation of this division, a use permit or an order shall be up to $5,000.00 per violation per day. In calculating the amount of the municipal civil infraction civil fine, the City Director, the City Enforcement Officer or the court, as applicable, shall consider the frequency of violation by the user, the impact on the POTW and human health and the environment of the violation, the magnitude and duration of the violation, the economic benefit to the user gained by the violation, the compliance history of the user, and other factors deemed appropriate by the court, the City Director or the City Enforcement Officer, as applicable. The provisions of Chapter 1, §§ 1-12 and 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, criminal fine, order, damage or compensatory charge upon a user for a violation of this division, a use permit or an order shall not preclude the imposition by the City or a court of additional sanctions and remedies with respect to the same violation except that a user shall not have both a civil penalty under subsection (b) of this section and a civil fine under subsection (c) of this section imposed on it for the same violation. Prosecution of a criminal action against a user shall not be stayed pending the outcome of a civil action involving the same violation.
(e) Compensatory charges. In addition to prosecution and the imposition of penalties and fines for violations, a user violating this division, a use permit, or an order shall be subject to one or more compensatory charges in accordance with this division.
(Ord. 3630, passed 12-13-2004; Ord. 3637, passed 3-28-2005; Ord. 3742, passed 11-19-2008; Ord. 3776, passed 7-12-2010)