(A) Civil penalty.
(1) Any person who violates, or continues to violate, any provision of this chapter shall pay a civil penalty of not more than $25,000 for each violation, Each day or portion thereof during which a violation occurs shall be considered a separate violation.
(2) These monies will be used to defray the costs incurred by the village in remedying the problems associates with such violations and shall include, but not be limited to, damage to the wastewater treatment plant or sanitary sewer system, salaries (including overtime) of village employees while engaged in remedying the situation, fines levied on the village for NPDES violations or for fish kills, and legal fees associated with all such action; or to penalize the violator in a manner that would discourage any future violations of this chapter.
(3) The civil penalty shall be assessed and collected in the following manner:
(a) Whenever the village has reason to believe that a person has violated or continues to violate any provision of this chapter; notice shall be given to the violator regarding the intention of the village to assess a civil penalty. The village shall provide the violator an opportunity to fully discuss and present any relevant matters related to the alleged violation and the consideration of division (A)(2) of this section. The violator shall be provided reasonable continuances and the right to be represented in said hearing.
(b) Following the hearing, the village shall assess a civil penalty, which shall then be billed to the violator and collected as other user charges.
(c) Any person who believes the civil penalty is either inappropriate or unreasonable shall have the right to a hearing before the Village Council. A request for hearing shall be filed, in writing, with the Mayor, within 30 days of the date the person receives the written notice by the village of the assessment of a civil penalty. The hearing before Council shall be at a time allowing the petitioner sufficient opportunity for preparation and representation. The hearing shall be open or closed, at the request of the person.
(d) At the hearing the village shall first present the basis upon which the penalty was assessed. The petitioner shall then present to the Council any other relevant information. Strict rules of evidence shall not apply and any evidence relevant may be considered.
(e) Following the hearing, Council shall either approve the civil penalty as imposed by the village, or assess no civil penalty, or assess a civil penalty in an amount either greater than or less than that imposed by the village.
(f) Any person who is assessed a civil penalty by the Village Council shall have the right to appeal the assessment to the Auglaize County Municipal Court. Said appeal shall filed within 30 days of the person's receipt of written notice of the imposition of the penalty by the Village Council.
(g) There shall be no trial de novo, but the issue shall be limited to whether or not due process of law was provided to the user, as is required in administrative actions.
(B) Criminal penalty. Any person who violates or continues to violate any provision of this chapter shall be deemed guilty of a misdemeanor of the first degree and fined an amount not less than $500 or not to exceed $1,000, or imprisonment of not less than 30 days or more than six months, or both. Each day or separate portion thereof, of violation, shall be considered a separate offense. No fines shall be reduced or suspended.
(Ord. 04-11-3, §§ 1000.02, 1000.03, passed 6-7-05)