(A) Administrative fines.
(1) The city may assess, on a strict liability basis, except where this chapter expressly provides for an affirmative defense, administrative fines not to exceed $500 per violation against any person who violates any provision of this chapter. Each day or portion thereof when a violation occurs shall be considered a separate violation.
(2) In determining the amount of an administrative fine, the city shall consider the magnitude and severity of the violation, history of past violations or compliance, economic advantage accrued by the violator due to the violation, and actions taken by the violator to comply with this chapter.
(3) Any administrative fines assessed by the city may be added to the person's storm water service charge, and the city shall have such collection remedies as provided to collect other service charges.
(4) Judicial proceedings. The city may commence an action for appropriate legal and/or equitable relief in the appropriate courts with respect to the conduct of a discharger contrary to the provisions of this chapter and may be subject to:
(a) Injunctive relief; or
(b) Civil penalties; or
(c) Criminal penalties as determined by the court.
(B) Falsifying information. Any person or persons who knowingly make any false statement, representation or certification in any application, record, report, plan or document filed or required to be maintained pursuant to this chapter, any wastewater discharge permit, or any order of the city or court of competent jurisdiction, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method, shall be punishable, upon conviction, by a criminal penalty of up to $1,000 per day per violation and not more than six months in jail.
(Ord. 2022-031, passed 3-22-22)