Any person, firm, or corporation violating any of the provisions of the rules and regulations in this chapter shall be required to take the remedial actions and be subject to civil penalties as follows:
(a) The City Engineer shall have the right to recover the lesser one thousand dollars ($1,000) per day for each day that the violation exists or all damages proximately caused by the violation to the Municipality, which may include any reasonable expenses incurred in investigating violations, expenses involved in rectifying any damages, costs and attorney fees incurred by the authorized agency as the result of enforcing violations of this chapter.
(b) In addition to the above remedial measures, any person, firm or corporation guilty of violating any of the provisions of this chapter shall be subject to a fine of up to five hundred dollars ($500.00) per day for each day the violation exists, beginning the first day of the violation and continuing each day thereafter until the violation is corrected. Each day that a violation of this chapter exists shall constitute a separate offense.
(c) In addition to the remedies and civil penalties set forth above, The City of Marietta may bring legal action to enjoin the continuing violation of this chapter, and the existence of any other remedy, at law or equity, shall be no defense to any such actions.
(d) The remedies and penalties set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one or more of the remedies set forth herein has been sought or granted. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, if the violator fails to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator through means designated by the permitting authority.
(Ord. 282(22-23). Passed 6-15-23.)