A. Civil Penalties: Any user who is found to have violated an order of the council made in accordance with this chapter or who has failed to comply with any provision of this chapter, and the orders, rules, regulations and permits issued hereunder, except subsection 7-2-1E of this chapter, shall be liable to the city for the maximum civil penalty allowed under Minnesota law, but not less than one thousand dollars ($1,000.00) for each such offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
B. Criminal Penalties: A user who willfully or negligently violates any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than the maximum fine allowed under Minnesota law, per violation, but not less than one thousand dollars ($1,000.00) per day, or imprisonment for not more than ninety (90) days, or both.
C. Protection From Damage: No unauthorized person shall maliciously, wilfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
D. Costs Of Damage: Any user violating any of the provisions of this chapter or who has a discharge which causes a deposit, obstruction, damage or other impairment to the city's wastewater disposal system shall become liable to the city for any expense, loss or damage caused by the violation or discharge. The city may add to the user's charges and fees the costs assessed for any cleaning, repair or replacement work caused by the violation or discharge. Any refusal to pay the assessed costs shall constitute a violation of this chapter.
E. City's Attorney Fees And Costs: In addition to the civil penalties provided herein, the city may recover reasonable attorney fees, court costs, court reporter fees and other expenses of litigation by an appropriate action against the person found to have violated this chapter or the orders, rules, regulations and permits issued hereunder.
F. Falsifying Information: Any person who knowingly makes any false statements, 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, upon conviction, be punished by a fine of not more than the maximum fine allowed under Minnesota law or by imprisonment for not more than ninety (90) days, or by both.
G. Assessment: In the case of partnerships and associations, the penalty may be imposed upon the partners or member thereof, and in the case of corporations and local government units, upon the person authorizing the violation or the officers thereof.
H. Surcharge For Infiltration/Inflow: A surcharge as established by the city's fee schedule is hereby imposed. This surcharge will be in addition to the regular sewer billing on and after January 1, 1997, to property owners who are not in compliance with subsection 7-2-1E of this chapter.
The surcharge shall be levied monthly on properties not complying with subsection 7-2-1E of this chapter. All properties found during reinspection to have violated subsection 7-2-1E of this chapter will be subject to the penalty as established by the city's fee schedule for all months between the two (2) most recent inspections.
All delinquent surcharge payments may be assessed by the city on the property involved pursuant to Minnesota statutes 444.075, subparagraph 3. (1987 Code; amd. Ord. 94-2, 2-22-1994; Ord. 98-4, 4-6-1998; Ord. 2007-30, 1-7-2008, eff. retroactive to 1-1-2008; Ord. 2022-12, 5-23-2022)