(A) If the city prevails, in whole or in part, in an action brought against the person pursuant to the provisions of either § 53.57, or in accordance with some other remedy allowed by law, then such person shall be liable to the city for any expense, loss or damage caused by such person. Such liability may include, but shall not be limited to, any of the following:
(1) Actual costs of repairing, cleaning or otherwise correcting the city’s wastewater treatment system, including the wages paid to city employees and the cost of parts and materials;
(2) Actual costs incurred by the city to enforce this chapter against such person, including but not limited to, fees or compensation paid to city employees or others hired by the city, attorney’s fees, and court costs;
(3) Punitive damages, if such person willfully violated this chapter, or, in violating this chapter performed acts which indicate a willful indifference to the rights or safety of others;
(4) Sewer service charges or such other user charges as such person should have paid, but for the fact that such person violated the reporting requirements of this chapter;
(5) General damages in the sum of at least $100 per day for each day that the violation existed.
(B) The damages established hereunder may be collected by the city in a fashion similar to any other judgment arising out of District Court. The city may also assess such damages against the real property owned by such person as a special assessment.
(Ord. 72, passed 3-3-1986)