(A) Sections 51.100 through 51.104 gives the Public Utilities Director the authority to take a wide variety of enforcement actions. Each of these actions can be viewed as having a certain degree of punitiveness. The city's enforcement response plan will utilize all of the enforcement tools available to the Director in the system which outlines escalating enforcement actions dependent on the nature of the violation and the cooperativeness, or recalcitrance, of the violator. The following is a list of remedies authorized by the sewer use ordinance and ordinance citation. It is presented in order of punitiveness, least punitive first and most punitive last.
(1) Notice of Violation § 51.100(A)
(2) Consent Order § 51.100(B)
(3) Administrative Order § 51.100(C)
(4) Show Cause Order/Hearing § 51.100(D)
(5) Emergency Suspensions (temporary) § 51.100(E)
(6) Termination of Permit (permanent) § 51.100(F)
(7) Civil Penalties § 51.101(A) and (B)
(8) Judicial Remedies § 51.102(A) and (B)
(B) In addition to the tools listed above, § 51.100 through 51.104 authorizes the Director to assess civil penalties of up to $1,000.00 per day per violation. Civil penalties are normally used in conjunction with one of the other eight activities listed above and the punitiveness of the penalty depends on the dollar amount.
(Ord. 1994-79, passed 11-21-94)