(A) If any person or public corporation is found to be violating any provision of this chapter, the city may issue a notice of violation citing the actual violations identified, setting forth actions required for remediating the violations, and providing an opportunity for the violator to appeal to the City of Murray Appeals Board. The City Appeals Board may levy a sum of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) for the offense.
(B) The city may compel the person or corporation to carry out the legal actions required for remedying any violation cited in subsection (A), and may require the violator to remove any improper construction or close any connections made improperly or in violation of this chapter; may revoke any permit issued; and may recover by civil action from any person or public corporation violating any ordinance, a sum not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) for each offense, together with the costs so associated, including, but not limited to, any court costs, expert fees, appellate costs, any costs for Murray Sewer System to repair or rectify the operations in violation of the regulations.
(C) If any person discharges sewage, industrial wastes, or other wastes into the city's water resource recovery system contrary to the provisions of this chapter, federal or state pretreatment requirements, or any order of the city, the City Attorney may commence an action for appropriate legal or equitable relief in the Circuit Court of Calloway County.
(1) Any person or public corporation found to be operating in violation of these regulations shall be compelled by injunction to cease and desist upon proper application by anyone aggrieved.
(2) Any person or public corporation willfully failing to comply with this chapter shall be liable for damages caused by such failure and for the cost of repairing any construction damaged or destroyed. In addition, the person or public corporation willfully failing to comply with this chapter, shall be responsible to the city for all costs of repair an/or correction of the identified violation by removing or mitigating the cause of the violation, including, but not limited to, attorney fees, expert witness fees, court costs, and all other fees associated with correcting the damages.
(Ord. 2024-1867, passed 7-11-24)