(a) Violation of Local Regulations. Any person found in violation of any of the provisions of this code, Chapters 1040 through and including 1046, inclusive, is guilty of a misdemeanor of the first degree and shall be sentenced in accordance with Section 698.02. A separate offense shall be deemed committed each day during or on which a violation of any of the provisions of this code continues beyond the time limit provided for in Section 1046.04. The penalty herein provided shall be in addition to any and all other remedies afforded by law or by any other provision of this chapter.
(b) Violation of State and/or Federal Regulations. Any person violating state and/or federal regulations as a consequence of violating any provisions of this chapter shall be subject to penalties imposed by such state and/or federal regulations, irrespective of the provisions of this chapter.
(c) Any person violating any of the provisions of this chapter shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation, notwithstanding the fact that such person has been prosecuted for a violation of the terms of this chapter.
(d) The City of North Royalton may suspend water or sewer service when such suspension is necessary, in the opinion of the Superintendent or his/her delegate, in order to stop an actual or threatened discharge which:
(1) Presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment;
(2) Causes or may cause stoppages or excessive maintenance to be required to prevent stoppages in the sanitary sewer collection system;
(3) Causes interference to the sanitary sewer system; or
(4) Causes the City to violate any condition of its NPDES or NEORSD Community Discharge Permit.
(e) Any person notified of a suspension of the water or sewer service shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with a suspension order, the City may take such steps as deemed necessary, including immediate termination of water or sewer service, to prevent or minimize actual or threatened damage to the sanitary sewer system or sewer connection or endangerment to any individuals. The NEORSD and/or City shall reinstate the water or sewer service upon receipt of proof that such conditions causing the suspension have passed or been eliminated. A detailed written statement submitted by the person or facility describing the cause(s) of the harmful discharge and the measure(s) taken to prevent any future occurrence shall be submitted to the City within fifteen days of the date of occurrence.
(f) Civil Penalty. Any user who is found to have violated an order of the Superintendent, or who willfully or negligently failed to comply with any provision of this chapter, and the orders, rules, and regulations issued hereunder, shall forfeit and pay not more than one thousand dollars ($1,000.00) for each offense as a civil penalty determined by the Superintendent. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense subject to a separate civil penalty.
(g) In addition to the above penalties, nothing in this code shall operate to prohibit the City from seeking or applying any civil or equitable remedies. Any person who violates any of the provisions of this Code or any rules or regulations promulgated pursuant thereto shall be subject to an order of a court of competent jurisdiction when appropriate in granting equitable relief to enjoin, restrain, abate or correct any violation or noncompliance to insure justice with regard to the transaction which is the subject of the violation of this Code or any rule or regulation promulgated pursuant thereto.
(Ord. 09-119. Passed 11-17-09.)