§ 53.99 PENALTY.
   (A)   Fines. Any person, customer or user who violates any provision or section of this chapter shall be subject to a fine as may be authorized under the Lake County Administrative Adjudication Ordinance, or by statute of the State of Illinois. Each violation of a provision or section of this chapter shall be a separate offense and subject to a separate fine. Each day that a violation exists or continues shall be considered a separate offense. Any fine or fines for these separate offenses shall be assessed in accordance with applicable ordinances or state statute.
   (B)   Administrative adjudication.
      (1)   Enforcement Officer. All sections of this chapter may be enforced by the Director of the Lake County Public Works.
      (2)   Warning of ordinance violation. The Director shall have the authority, but not the obligation, to issue a pre-enforcement warning of ordinance violation when an individual has been found to be in violation of any provision of this chapter. The warning shall, at a minimum, identify the violation(s) for which it is being issued, shall include the address at which the violation has occurred, shall require the violator to cease the violation(s) or abate the violation(s) within a reasonable time for the performance of any act it requires, and shall state that a notice of ordinance violation may be issued if the warning is not adhered to as specified.
      (3)   Notice of ordinance violation. In the event of a violation of this chapter, the Director shall have authority to issue a notice of ordinance violation.
         (a)   The notice of ordinance violation shall contain the particulars of such violation(s) and at a minimum may order the offending customer to: explain the cause(s) of the violation(s), submit a plan or schedule for the satisfactory correction of the violation(s) and the prevention of similar violation(s) in the future, pay an administrative fine, or any additional remedies deemed necessary by the county to bring the customer into compliance within the shortest time feasible.
         (b)   Within 30 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the customer to the Director. Submission of this plan in no way relieves the customer of liability for any violations occurring before or after receipt of the notice of ordinance violation. Nothing in this section shall limit the authority of the county to take any action, including emergency actions or any other enforcement remedies, without first issuing a notice of ordinance violation.
         (c)   If administrative adjudication is found to be the appropriate remedy to resolve the violation, the notice must be served in accordance with and shall contain all information specified and required in the Lake County Administrative Adjudication Ordinance. Prior to the hearing date documented on the notice of ordinance violation, the respondent may elect to abate or cease the violation for which the notice of ordinance violation was issued, pay the fine listed on the notice of ordinance violation, and not participate in the hearing.
   (C)   Other relief. Notwithstanding any provisions to the contrary above, nothing shall preclude the county from taking any other available legal action necessary to prevent or to remedy any violation, including but not limited to seeking injunctive relief, declaratory relief, fines, or money damages in a court of competent jurisdiction or the disconnection of water service and/or sewer service as specified in division (E) below.
   (D)   Service charges. In addition to division (A) above, any sanitary sewer or manhole overflow, or sanitary sewer backup, resulting from a violation(s) of any provision or section of this chapter, or an inadequately operating GRS, or lack of an approved GRS, or any faulty pretreatment system shall result in the imposition of a service charge to the responsible owner or customer. The service charge shall include the costs of cleaning up the overflow or backup and all costs of cleaning the blockage out of the immediately adjacent county sewerage system. Imposition of a service charge under this section shall not preclude other enforcement actions. In addition, the responsible customer shall be responsible for payment of any fine levied by the Illinois Environmental Protection Agency against the county as a result of any overflow or blockage in the county sewerage system, or national pollutant discharge elimination system (NPDES) permit discharge violation attributable to the customer violation(s) of any provision or section of this chapter, or an inadequately operating GRS, or lack of an approved GRS.
   (E)   Sewer and/or water service disconnection.
      (1)   The Director shall deny or discontinue, after reasonable notice to the occupants thereof, the sewer and/or water service to any premises for violations of this chapter or without prior notice where, in his or her judgment, a public health risk exists. Water shut off and/or disconnection of the sanitary sewer of the individual user's property will result for unpaid charges, fines, and penalties and/or violation of this chapter. Prior to disconnection the county will mail three notices to the service address on file and the customer may contact the Director to settle the outstanding balance or make payment arrangements to avoid service disconnection. Third and final notice shall state "No further notices will be sent to you prior to disconnection."
         (a)   Any violation under this chapter shall be subject to discontinuation of water service to any premise served by a public water supply. Water service to such premises shall not be restored until the consumer has corrected deficiencies in conformance with this chapter and to the satisfaction of the Director, and all fees are paid.
         (b)   Payment for service is required even if the home/building is vacant. Payment will be suspended if the home/building is uninhabitable, if a demolition permit has been issued or if a disconnection permit has been issued and the sewer service has been capped and inspected.
      (2)   Sewer and/or water service to such premises shall not be restored until the customer has corrected or eliminated such conditions or defects in conformance with this chapter and any required fees are paid.
      (3)   Neither the county nor or its employees, agents or assigns shall be liable to any customers of the county sewerage system for any injury, damages or lost revenues which may result from termination of the customer's sewer and/or water service in accordance with the terms of this chapter, whether or not the termination of the sewer and/or water service was with or without notice.
      (4)   Where violations of this chapter result in impacts to the county's sewerage system, the customer responsible for the impact may bear the cost to repair and/or clean-up the sewerage system and any discharges therefrom.
      (5)   It shall be unlawful and a violation of this chapter for any person to reconnect or turn on any sewer or water service which has been disconnected by the county without written approval of the Director. In addition, when the county is notified that sewer or water service has been unlawfully reconnected, the county shall have the power to immediately disconnect such service without notice.
      (6)   All costs incurred by the county in disconnecting sewer and/or water service may be borne by and be the responsibility of the owner of the property served and/or the customer. All such costs shall be paid to the county before service is restored to the property.
   (F)   Liability. Any person violating any provision of this chapter, in addition to the fine provided shall become liable to the county for any expense, loss or damage occasioned by the county by reason of such violations, whether the same was caused before the notice.
(Ord. 19-1394, passed 9-10-2019)