(a) Civil Penalties and Injunctive Relief.
(1) Any person, individual or user found to be violating any provision of this article, except for those violations described by subsection (b) hereof, shall be served by the Board with a written Notice of Violation. Such a notice shall state the nature of the violation and also provide a reasonable time limit for the satisfactory correction of the violation thereof. The identified offender shall permanently cease all violations within the stated time limit of the Notice of Violation
(2) Any person, individual or user who shall continue any violation beyond the time limit provided by the Notice of Violation shall be guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed two hundred dollars ($200.00) for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
(3) Any person, individual or user violating any of the provisions of this article shall become liable to the Board for any expense, loss, or damage occasioned by the Board by reason of such violation.
(4) Fines and costs imposed under provision of this article shall be enforceable and recoverable in the manner provided by applicable law.
(b) Violations and Criminal Penalties.
(1) Any person who causes pollution or who fails or refuses to discharge any duty imposed upon him by this article or by any rule or regulations of the Board, promulgated pursuant to the provisions and intent of this article, or by an Order of the Utility Board, or who fails or refuses to apply for and obtain a permit as required by the provisions of this article, or who fails or refuses to comply with any term or condition of such permit, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars.
(2) Any person who shall intentionally misrepresent any material fact in an application, record, report, plan or other document filed or required to be maintained under the provisions of this article or any rules and regulations promulgated by the Board thereunder shall be guilty of a misdemeanor.
(c) Exceptions as to Criminal Liabilities. The criminal liabilities imposed by this article shall not be construed to include any violation resulting from accident or caused by an act of God, war, strike, riot or other catastrophe as to which negligence or willful misconduct on the part of such person was not the proximate cause.
(Ord. 1394. Passed 6-14-11.)