§ 53.999  PENALTY.
   (A)   (1)   (a)   Any person found to be violating any provision of §§ 53.001, 53.002, 53.015 through 53.019, 53.030 through 53.03653.050 through 53.068, 53.080 through 53.094, 53.105, 53.120 and 53.155 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in the notice, permanently cease all violations.
         (b)   It shall also be deemed a misdemeanor for any person who is found in violation of any provision of Chapter 55, and each day in which any violation occurs shall be deemed as a separate offense.
      (2)   Any person violating any of the provisions of §§ 53.001, 53.002, 53.015 through 53.019, 53.030 through 53.03653.050 through 53.068, 53.080 through 53.094, 53.105, 53.120 and 53.155 shall be liable for any and all damages, costs or expenses incurred by the city as a result of the violation.
(Ord. 408, passed 12-26-1989)
   (B)   (1)   Each and every sewer service charge levied by and pursuant to §§ 53.121, 53.122 and 53.135 through 53.144 is hereby made a lien upon the lot or premises serviced and all charges which are on December of each year past due and delinquent, shall be certified to the County Auditor as taxes or assessments on the real estate. Nothing in §§ 53.121, 53.122 and 53.135 through 53.144 shall be held or construed as in any way stopping or interfering with the right of the city to levy as taxes or assessments against any premises affected any delinquent or past due sewer service charges.
      (2)   As an alternative to levying a lien, the city may, at its discretion, file suit in a civil action to collect those amounts as are delinquent and due against the occupant, owner or user of the real estate, and shall collect as well all attorney’s fees incurred by the city in filing the civil action. The attorney’s fees shall be fixed by order of the court.
      (3)   In addition to all penalties and costs attributable and chargeable to recording notices of the lien or filing a civil action, the owner or user of the real estate being serviced by the treatment works shall be liable for interest upon all unpaid balances at the rate permitted by state law.
(Ord. 407, passed 12-26-1989)