(A) In the event a user is found to be in compliance and subsequent inspections and/or tests determine that non-compliance now exists, the terms and provisions of § 54.22(D) and (H) through (J) thereof shall be applicable, except that in addition to the surcharge to be charged in accordance with § 54.22(I), if any, the user shall be liable for payment of a sum equal to the sum of the months since the original determination of compliance was made, multiplied by the monthly surcharge amount provided for in § 54.22(I), for knowingly, willfully, and/or intentionally creating or permitting such violation to commence and continued.
(B) In the event a user is found to be in a state of non-compliance a second or subsequent time, then the user shall be liable for the payment of a sum equal to $1,000, plus an amount equal to the sum of the months since the original non-compliance was corrected (and if never corrected, from the date of such non-compliance determination), multiplied by the monthly surcharge amount provided for in § 54.22(I) or (G), for knowingly, willfully, and/or intentionally permitting such violation to commence and continue.
(C) Any user violating any provisions of this subchapter shall be liable to the town for any expenses, costs, and fees including, but not limited to, reasonable attorney fees occasioned or caused to the town by reason of seeking enforcement of such ordinances against the violator, as well as for any losses or damages occasioned or caused to the town or the system’s users by reason of such violation.
(D) The Town Council and the Public Works Board shall have full power and authority to invoke any legal, equitable, or special remedy for the enforcement of this subchapter. In addition, the Board is hereby authorized to institute proceedings on behalf of the town in the circuit or superior courts in the county for prohibitory or mandatory injunctive relief to prevent or discontinue any violations of this subchapter.
(Ord. 2007-4, passed 6-19-2007)