(A) When the city manager finds that a user has violated, or continues to violate, any provision of this article, an IWD permit or an order issued hereunder, or any pretreatment standard or requirement, the city manager may issue an administrative complaint alleging the act or failure to act that constitutes the violation, the provisions of law authorizing imposition of the administrative fine, and the proposed administrative fine.
(B) The administrative complaint shall be served by personal delivery or certified mail on the user and shall inform the user that a hearing shall be conducted within 60 days after the user has been served. The hearing officer shall be the public works director or designee. The user may waive the right to a hearing, in which case the hearing officer shall not conduct the hearing and decide the matter based upon the administrative complaint. Any user dissatisfied by the decision of the hearing officer may appeal the hearing officer's decision to the city council within 30 days of notice of the hearing officer's decision.
(C) The city manager may recommend, and the hearing officer and city council may impose, administrative fines as follows:
(1) In an amount not to exceed $2,000 per day for failing or refusing to furnish a self-monitoring report or any other technical report required by this article;
(2) In an amount not to exceed $3,000 per day for failing or refusing to timely comply with any compliance schedule order by the city manager;
(3) In an amount to exceed $5,000 per violation per day for discharges in violation of discharge standards or limits, permit conditions, or prohibitions issued, reissued, or adopted by the city manager; and
(4) In an amount not to exceed $10 per gallon for discharges in violation of any suspension, cease-and-desist order or other orders, or prohibitions issued, reissued, or adopted by the city manager.
(D) The amount of any administrative fine imposed under this section, which remains delinquent for a period of 60 days or more, shall accrue interest at a standard rate of ten percent. Further, the amount of any administrative fine and interest accrued that remains delinquent after 60 days shall constitute a lien against the real property of the user from which the discharge originated.
(E) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action, whether criminal or civil, against the user.
(`64 Code, Sec. 25-71) (Ord. No. 2494)