(A) The city or the Enforcement Officer may, in their discretion:
(1) Terminate an investigation or an action commenced under the provisions of this chapter upon execution of a written consent agreement between the Enforcement Officer, and the persons who are the subjects of the investigation or action; or
(2) Hold in abeyance pending performance of voluntary compliance activities an investigation or an action commenced under the provisions of this chapter upon execution of a written consent agreement between the Enforcement Officer, and the persons who are the subjects of the investigation or action.
(B) The consent agreement shall provide written assurance of voluntary compliance with all the applicable provisions of this chapter by said persons.
(C) The consent agreement may provide, in the discretion of the Enforcement Officer, the following: environmental mitigation; compensatory damages; punitive damages; civil penalties; abatement costs of the city and attorneys' fees and costs.
(D) The consent agreement may provide, in the discretion of the Enforcement Officer, a release or covenant not to sue to any covered person.
(E) An executed written consent agreement shall neither be evidence of a prior violation of this chapter, nor shall such agreement be deemed to impose any limitation upon any investigation or action by the city or the Enforcement Officer, in the enforcement of this chapter.
(F) No consent agreement shall constitute a waiver of or limitation upon the enforcement of any federal or state laws.
(G) No consent agreement shall constitute a waiver of or limitation upon the enforcement of any local laws and ordinances, unless expressly provided.
(H) Each violation of any of the terms and conditions of an executed written consent agreement shall constitute a separate offense under this chapter by any persons in active concert or participation with the person who executed the consent agreement, including but not limited to officers, directors, agents, servants and employees who receive actual notice of the consent agreement.
(I) Each day during any portion of which each such violation occurs constitutes a separate offense under this chapter.
(Ord. CO-05-11, passed 10-24-05)