(A) Criminal prosecution.
(1) No person shall construct, enlarge, alter, repair or maintain any grading, excavation or fill, or cause the same to be done, contrary to or in violation of any terms of this chapter. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this chapter is committed, continued or permitted shall constitute a separate offense. Upon conviction of any such violation, such person, partnership or corporation shall be punished by a fine of not more than $100 for each offense. In addition to any other penalty authorized by this section, any person, partnership or corporation convicted of violating any of the provisions of this chapter shall be required to bear the expense of such restoration.
(2) Any person that has violated or continues to violate this chapter shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty and/or imprisonment for a period of time not to exceed ten days. The city’s Water Service may recover all attorneys’ fees court costs and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses.
(B) Remedies no exclusive. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the city’s Water Service to seek cumulative remedies.
(C) Fines and policy. The city’s Water Service is authorized to develop a schedule of fines and to develop policy from time to time to assure the requirements of § 155.01 of this chapter are met. The schedule of fines shall adhere to all applicable local, state and federal laws. The policy shall include, but will not be limited to, development of a comprehensive TPDES enforcement program, staff training requirements, development of job descriptions, assignment of fines to specific violations, budget requirements and job assignments.
(Ord. passed 7-26-2010)