§ 52.999 PENALTY.
   (A)   In § 52.039, the Police Court Judge of said municipality shall hear the case presented against the person, firm or corporation violating § 52.039, and said violator shall have the opportunity to present his or her defense of said case on the date of the hearing as previously set within the notice heretofore mailed. Upon the Police Court Judge finding that the persons, firm or corporation have violated this chapter, a fine of not less than $25 nor more than $175 shall be imposed. Each day that a violation is permitted to exist beyond 60 days from the date of the original mailing of the sewer rate billing shall constitute a separate offense of this chapter.
   (B)   In § 52.065, should the property owner and/or business fail to have the interceptor pumped in a timely manner after receiving the written notice, the said property owner and/or business shall be cited by the Police Department with a violation of this chapter and may be fined up to $100 per day until said interceptor is properly pumped and cleaned. Such violation will be issued by a citation from the Police Department and said fine will be set by the Municipal Police Judge.
   (C)   Any person, business, firm, limited liability company, corporation, partnership or association who shall violate the provisions of § 52.116 shall be deemed guilty of a misdemeanor, and upon conviction thereof or by a plea of guilty thereto, shall be punished by a fine or not less than $10 nor more than $100. The continued failure or refusal of such convicted person, business, firm, limited liability company, corporation, partnership or association, to make the alterations necessary to prevent such discharge, shall constitute a separate, distinct and additional offense for each 24-hour period of such failure or refusal, and upon conviction thereof, or by a pleas of guilty thereto, the violator shall be fined not less than $10 nor more than $100 for each such conviction or plea of guilty. This provision shall only be applicable during the months of March through November of each year due to the inability to make corrections to storm drains during the winter months.
   (D)   Any person, business, firm, limited liability company, corporation, partnership, or association who, shall violate the provisions of § 52.130, after being hand delivered notice to cease said discharge, and who has allowed said discharge to continue for a period exceeding 120 days from receipt of the utility letter, will be issued a citation from the Police Department citing § 52.130 and said fine will be set by the Municipal Police Judge. Said customer in violation of § 52.130 as herein set forth shall be deemed guilty of a misdemeanor, and, upon conviction thereof or by a plea of guilty thereto, shall be punished by a fine of not less than $25 nor more than $500. The continued failure or refusal of such convicted person, firm, corporation, partnership or association to make such alterations necessary to prevent such discharge, shall constitute a separate, distinct and additional offense for each 24-hour period of such failure or refusal, and upon conviction thereof or by a plea of guilty thereto, the violator shall be fined not less than $25 nor more than $500 for each such conviction or plea of guilty. This provision shall only be applicable during the months of March through November of each year due to the inability to make corrections to storm drains during the winter months.
   (E)   (1)   Any person, firm, corporation, partnership, or association who, shall violate the provisions of § 52.179(A), after being hand delivered notice to cease said discharge, shall be deemed guilty of a misdemeanor, and, upon conviction thereof or by a plea of guilty thereto, shall be punished by a fine of not less than $25 nor more than $500. The continued failure or refusal of such convicted person, firm, corporation, partnership or association, to make such alterations necessary to prevent such discharge, shall constitute a separate, distinct and additional offense for each 24-hour period of such failure or refusal, and upon conviction thereof or by a plea of guilty thereto, the violator shall be fined not less than $25 nor more than $500 for each such conviction or plea of guilty.
      (2)   Following the receipt of the letter directing the customer to remove the rain or surface water by the certified mail or hand delivery and 90 days have lapsed and the discharge has not been corrected, any person, firm, corporation, partnership or association who shall violate the provisions of § 52.179(B) shall be deemed guilty of a misdemeanor, and upon conviction thereof or by a plea of guilty thereto, shall be punished by a fine or not less than $10 nor more than $100. The continued failure or refusal of such convicted person, firm, corporation, partnership or association, to make the alterations necessary to prevent such discharge, shall constitute a separate, distinct and additional offense for each 24-hour period of such failure or refusal, and upon conviction thereof or by a pleas of guilty thereto, the violator shall be fined not less than $10 nor more than $100 for each such conviction or plea of guilty. This provision shall only be applicable during the months of March through November of each year due to the inability to make corrections to storm drains during the winter months.
   (F)   Should the property owner and/or business fail to have the interceptor pumped in a timely manner after receiving the written notice, the said property owner and/or business shall be cited with a violation of § 52.182 and may be fined up to $100 per day until said interceptor is properly pumped and cleaned. Such violation will be issued by a citation from the Police Department and said fine will be set by the Municipal Police Judge.
(Ord. 25, passed 3-13-2018)