(A) General. If any person discharges sewage, industrial wastes or other wastes into the JSEWD’s wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements, or any order of the JSEWD, the JSEWD may commence an action for appropriate legal and/or equitable relief in the appropriate court of this jurisdiction, and the JSEWD may collect all attorney’s fees and court costs from such person which were incurred in the action.
(B) Injunctive relief. Whenever any person has violated or continues to violate the provisions of this chapter or permit or order issued hereunder, the JSEWD, through legal counsel, may petition the court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the person. The JSEWD shall have the same remedies to collect these fees as it has to collect other sewer service charges. The JSEWD shall be entitled to also collect all attorney’s fees and court costs related to the foregoing enforcement actions against the offender.
(C) Lien.
(1) JSEWD shall have a lien against the property of an owner for damages and expenses (including, without limitation, attorney’s fees and court costs) incurred or levied hereunder by JSEWD for violations by the owner/and or the occupant of the property. Furthermore, JSEWD shall have a lien against the property of an owner for fines levied hereunder against the owner and/or occupant of the property.
(2) A sworn lien statement evidencing the amount of the damages, expenses, and fines shall be recorded to the Jessamine County Clerk’s office describing the property against which the lien is imposed and a copy of the lien statement shall be mailed, U.S, Mail, first class-postage prepaid, to the owner and the occupant at their last known mailing addresses.
(D) Appeals. Any person claiming to be aggrieved by any final action of the Board of Commissioners of the JSEWD shall appeal from the action to the Jessamine Circuit Court and such appeal shall be taken within 30 days after the final action. All final actions which have not been appealed within 30 days shall not be subject to judicial review. Final action shall be deemed to have occurred on the calendar date when JSEWD votes to approve or disapprove a request; issue an administrative order or directive, or impose a fine.
(E) Staff actions. The Board of Commissioners of the JSEWD shall have the power to hear and decide matters where it is alleged by a person that there is error in any order, requirement, decision, grant or refusal made by a member of the staff or an agent of the JSEWD. Such appeals shall be taken within 30 days of such actions. Failure to do so shall render such action not subject to judicial review.
(Ord. passed 10-4-2005; Am. Ord. passed 8-3-2010) Penalty, see § 51.99