(A) (1) When a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the user may be fined in an amount not to exceed $500.
(2) Such fines shall be assessed on a per violation, per day basis.
(3) In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
(4) Said fine shall be calculated based on a 50% surcharge of the user’s average daily water usage for each day the violation exists, unless, in the opinion of the Code Enforcement Officer, the violation was willful and did substantial harm to the system, in which case the maximum fine shall be assessed for each day or part thereof for which the violation existed.
(5) All said fines shall be billed with and be a part of the user’s water and sewer bill.
(B) (1) Users desiring to dispute such fines must file a written request to reconsider the fine along with full payment of the fine amount within 15 days of being notified of the fine.
(2) Where a request has merit, the City Council may convene a hearing on the matter.
(3) In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user.
(4) The Code Enforcement Officer may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(C) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(2000 Code, § 53.113) (Ord. 2365, passed 1-10-1995)