(A) Violations of this chapter.
(1) Notice of violation. Any person found to be violating any provision of this chapter except § 53.045(A), or any other standards referred to herein, or who has failed to comply with any provisions of this chapter and the orders, rules, regulations and permits issued hereunder shall be served by the village a written notice stating the nature of the violation and providing a reasonable time limit, but not less than 30 days, for the satisfactory correction thereof. The offender shall, within the period of time stated in the notice, permanently cease or correct all violations. The village may revoke any permit for sewage disposal as a result of any violation of any provision of this chapter.
(2) Penalty.
(a) Any person who shall continue any violation beyond the time limit provided for in the written notice of the violation shall be guilty of a misdemeanor, and upon conviction thereof shall be fined an amount not greater than $500, but not less than $50 for each violation. Each day in which the violation exists or continues shall be deemed a separate offense.
(b) In addition, the village may recover reasonable attorney’s fees, court costs and other expenses of litigation by appropriate suit at law against the person found to have violated or cause to have violated this chapter or the orders, rules, regulations and permits issued hereunder.
(3) Liability of violators. Any person violating any of the provisions of this chapter shall become liable to the village for any expense, loss or damage occasioned by the village by reasons of such violation.
(4) Action by village. When, in the opinion of the Village Engineer, the violation of this chapter presents an imminent and irreversible threat to the public health, safety and welfare, or when the violation continues beyond the time limit in which it was to be corrected, the village may correct the violation and assess the costs thereof to the owner of the property on which the violation occurs.
(5) Falsified 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 this chapter or wastewater discharge permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than $1,000 or shall be incarcerated in a penal institution other than the penitentiary for a period not to exceed six months for each offense.
(6) Disconnection of service. Any person who shall violate any provisions of this chapter shall, following a hearing before the Village Board of Trustees, be subject to immediate disconnection of the sewer servicing the property upon or in connection with which the violation occurred.
(7) Stop work order. In the event that the Village Building Inspector observes or is made aware that a violation of this chapter has occurred or is occurring on the premises of new construction for which a building permit was issued, the Building Inspector is hereby authorized to suspend the building permit and issue a stop work order preventing continued construction work at the premises until such time as the violation has been corrected.
(8) Other remedies. The remedies herein above provided shall not be exclusive and the village may seek whatever other remedies are authorized by statute, at law or in equity, against any person violating the provisions of this chapter.
(Ord. 18-04-01, passed 4-24-2018)