(A) Duty of Public Works Department. The Public Works Department of the city by and through its Director or his or her designee is charged with the duty of enforcing these regulations, or causing their enforcement by other city departments or other agencies, including county jurisdiction, when necessary.
(B) Disconnection for violation. In the event of violation of any provisions of these regulations, the Director may disconnect any premises from the sewer system after first notifying in writing the person causing, allowing, or committing such violation, specifying the violation and, if applicable, the time after which (upon failure of such person to prevent or rectify the violation) the Director shall exercise his or her authority to disconnect the premises from the sewer system, provided that such time shall not be less than five days after the date of presentation of such notice, provided further that in the event such violation results in a public hazard, menace, or nuisance, then the Director may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate such condition, and the reasonable costs of the things done and the amounts expended in so doing shall be a charge upon the person so in violation.
(C) Duty to collect charges. The City Finance Director and all other appropriate city officers, agents, or employees shall promptly, efficiently, and economically take all steps, actions, or remedies necessary for the collection of the penalties as provided in these regulations.
(D) Right of entry for inspections. The officers, employees, and inspectors of the Public Works Department of the city shall have the right to enter upon the premises of any person at reasonable hours to inspect and to determine compliance with this division.
(E) Submission of time schedule. When the city finds that a discharge of wastewater has occurred or may occur in violation of this division or in violation of a wastewater discharge permit, the city may require the owner to submit for approval a detailed time schedule of specific actions which the owner shall take to prevent or correct the violation.
(F) Falsifying information. Any person who knowingly makes any false statements, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to these regulations or wastewater contribution permit or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under these regulations, shall, upon conviction, be guilty of a misdemeanor and punished by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both.
(G) Public nuisance. Waste or wastewater discharge, threatened waste or wastewater discharge, or any violation of these regulations is hereby declared to be a public nuisance. Such nuisance may be abated, removed, or enjoined and damages assessed therefor, in any manner provided by law.
(H) Civil/criminal penalties. Every industrial user shall be civilly and criminally liable to the city in at least the amount of $1,000 per day for each act in violation of these pretreatment standards and regulations.
(I) Misdemeanor. Any person violating any of these regulations shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by imprisonment in the county jail for a term not to exceed six months, or by a fine of $1,000 or by both such imprisonment and fine. Every day such violation continues shall constitute a separate offense.
(J) Remedies cumulative. The remedies provided for in these regulations shall be cumulative and not exclusive, and shall be in addition to any and all other remedies available to the city.
(K) Appeals.
(1) Any user, permittee, applicant, or other person aggrieved by any decision, action, finding, determination, order, or directive of the Director, made or authorized pursuant to the provisions of this division, or relating to any permit issued pursuant to said division, or interpreting or implementing the same, may file a written request with the Director for reconsideration thereof within ten days of such decision, action, finding, determination, or order, setting forth in detail the facts supporting such user's or person's request for reconsideration. The Director shall render a final decision within ten days of receipt of such request for consideration.
(2) Any user, permittee, applicant, or other person aggrieved by the final determination of the Director may appeal such determination to the City Council within ten days after notification of the final determination of the Director, and shall set forth in detail the facts and reasons supporting the appeal. The appeal shall be heard by the City Council within 30 days from the date of filing the notice of appeal. Upon conclusion of the hearing, the Council may affirm, reverse, or modify the final determination of the Director as the Council deems just and equitable, and in furtherance of the provisions, purposes, and intent of these regulations. During the pendency of any such appeal, the final determination of the Director shall remain in full force and effect. The Council's determination on the appeal shall be final.
(Ord. 895 C.S., passed 3-21-12; Am. Ord. 1004 C.S., passed 11-15-23)