(a) Except as otherwise specified herein, the provisions of chapter 2B of the Code of Ordinances shall apply to all civil enforcement actions. Any person found to be violating any provision of sections 16-36 through 16-46 or 16-48 through 16-55, or any provision of a permit or order issued under these sections, shall, for the first violation of such section, be served by the urban county government with written notice of violation stating the nature of the violation and providing a reasonable time period of at least twenty-four (24) hours for the satisfactory correction thereof. The offender shall, within the time stated in such notice, permanently cease all violations. No notice of violation shall be required prior to the issuance of a citation for any offense which occurs after the first citation is issued to a person or entity for the same property address.
(b) Any persons who shall continue any violation beyond the time limit provided for in section 16-50(a) shall for every offense, if any individual, be fined not less than two hundred dollars ($200.00) nor any more than five hundred dollars ($500.00), or if a corporation, be fined not less than five hundred dollars ($500.00) nor more that ten thousand dollars ($10,000.00). For violations of section 16-42, 16-43, or 16-45(a), corporations shall be fined not less than one thousand dollars ($1,000.00). Each day in which any such violation shall continue shall be deemed a separate offense.
(c) Any person violating any of the provisions of sections 16-36 through 16-46 or 16-48 though 16-55 shall become liable to the urban county government for any expense, loss or damage occasioned by the urban county government by reason of such violation. Said person shall also be liable for repairing or restoring any sanitary sewer, storm sewer and natural outlet damaged, obstructed or impaired by such violation to its pre-existing condition.
(d) If any person discharges sewage, industrial waste or other waste into the urban county government waste water disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements or any order of the urban county government, the urban county government may commence an action for appropriate legal and/or equitable relief, including injunctive relief in conformance with 401 KAR 5:057 section 6(4)(a)6a.
(e) In addition to the remedies provided herein, the urban county government shall possess the authority to issue civil citations for the violation of the provisions of sections 16-37, 16-38, 16-40, 16-40.1, 16-41, 16-44 or 16-48. Any person who shall continue any violation beyond the time limit established in the written notice of violation provided in subsection (a) may be issued a civil citation for every offense.
(f) Citation officers designated in section 14-10 shall have power to enforce the provisions of sections 16-37, 16-38, 16-40, 16-40.1, 16-41, 16-44 or 16-48 through the issuance of civil citations. All citations issued pursuant to these sections shall be referred to the infrastructure hearing board with the citations and civil process to conform to sections 16-76 through 16-78 and chapter 2B.
(1) Upon issuance of the first citation for violation of these sections within any twelve-month period the maximum fine shall be four hundred dollars ($400.00).
(2) Upon the issuance of the second citation for violation of these sections within any twelve-month period the maximum fine shall be six hundred dollars ($600.00).
(3) Upon issuance of the third citation for violation of these sections within any twelve-month period the maximum fine shall be eight hundred dollars ($800.00).
(4) Upon issuance of the fourth or more citation for violation of these sections within any twelve-month period the maximum fine shall be one thousand dollars ($1,000.00).
(h) Appeal of the citation may be made to the infrastructure hearing board, article IX, as provided in chapter 2B.
(i) When there is reason to believe that the violation of section 16-37, 16-38, 16-40, 16-40.1, 16-41, 16-44, or 16-48 presents a serious threat to the public health, safety, and welfare, or if in the absence of immediate action, the effects of the continuation of the violation would be irreparable or irreversible, the urban county government may abate the conditions without prior notice. In such cases the government may, in addition to any fine imposed herein, charge the responsible person with an administrative fee of seventy-five dollars ($75.00) and with the costs for any expense, loss or damage occasioned by the urban county government by reason of such violation. Said person shall also be liable for the costs of repairing or restoring any sanitary sewer or other infrastructure damaged, obstructed or impaired by such violation to its pre-existing condition. The urban county government may file a lien for the costs of such abatement in accordance with section 2B-8. Citations, if issued, shall not preclude the government from abating the conditions and billing the responsible person, persons, or entities for the cost of abatement.
(j) Nothing contained herein shall preclude the urban county government from the enforcement of sections 16-36 through 16-46 or 16-48 through 16-55 by any means authorized by law. If any person discharges sewage, industrial waste or other waste into the urban county government waste water disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements or any order of the urban county government, the urban county government may commence an action for appropriate legal and/or equitable relief, including injunctive relief in conformance with 401 KAR 5:057 section 6(4)(a) 6a.
(k) Pursuant to 401 KAR 5:057 section 6(4)(b)(7), the names of all industrial dischargers that significantly violated applicable pretreatment standards in the previous twelve (12) months will be published in the largest local daily newspaper at least annually.
(Ord. No. 126-83, § 1, 7-21-83; Ord. No. 164-84, § 1, 9-20-84; Ord. No. 165-89, § 11, 8-31-89; Ord. No. 234-91, § 11, 11-14-91; Ord. No. 148-2000, § 4, 6-1-00; Ord. No. 269-2004, § 4, 11-4-04; Ord. No. 77-2011, § 13, 6-23-11; Ord. No. 221-2016 , § 15, 12-6-16)
Note(s)—Formerly, § 16-53.