(A) Violation, misdemeanor. Any person who violates any provision of this subchapter, or who shall violate or fail to comply with any order made hereunder, or who shall install or alter a plumbing system in violation of any detailed statement of specifications or plans submitted and approved hereunder, or any certificate or permit issued hereunder, or who shall fail to comply with such an order within the time fixed therein shall be guilty of a misdemeanor for each such violation or noncompliance and shall be subject to enforcement as provided in this section. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time.
(B) Correction required. The application of other penalties shall not be held to prevent the enforced removal of any prohibited condition.
(C) Equitable relief. The provisions of this subchapter may be enforced by an appropriate equitable remedy, including a mandatory or prohibitory injunction, issuing from a court of competent jurisdiction.
(D) Continuous violations. Each day of a continuous violation of any provision of this division may be charged as a separate and distinct offense or violation.
(E) Civil penalty.
(1) Violation of any provision of this subchapter may subject the offender to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after the assessment has become final by exhaustion of the appeal process established by this section, or by failure to appeal the assessment.
(2) The civil penalty for violation of any provision of this subchapter shall not exceed $250 per day for each day of continuous violation, or a cumulative or single civil penalty of $5,000. The civil penalty for willful violation of any provision of this article shall not exceed $500 per day for each day of a continuous violation or a cumulative or single civil penalty of $10,000.
(3) Any civil penalty shall be assessed by the City Manager, upon the recommendation of the Water Resources Director, and shall be based upon the reasonable estimated cost of correcting the cited violation, the magnitude of the potential risk posed to the public health, safety and welfare by the violation, and the cost of the public safety or other emergency response caused by the violation. The City Manager shall serve written notice of the civil penalty assessment on the offender and set out with reasonable care the basis of the amount so assessed.
(4) Any offender so assessed shall have a right of appeal to the City Council, upon serving written notice of appeal on the City Manager within ten days after he or she receives notice of the assessment.
(F) Enforcement alternatives. Violation of any provision of this subchapter may be enforced by one, all, or a combination of the remedies authorized by this section.
(G) Enforcement option. The penalties and enforcement provisions established by this subchapter may be applied in addition to or in lieu of the penalties established by other sections of this chapter.
(Ord. 23-38, passed 11-9-2023)