§ 50.99 PENALTY.

   (A)   Water.

      (1)   Any person violating any regulation of §§ 50.01et seq. shall be guilty of a petty misdemeanor.

      (2)   Any prosecution hereunder shall not prevent the enforcement of any civil right or remedy hereunder or under any other applicable law.

(Prior Code, § 62-40)

   (B)   Sewer use.

      (1)   Any person found to be violating any provisions of §§ 50.25et seq. shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof.  The offender shall within the time period stated in the notice permanently cease all violations.

      (2)   (a)   Any person who shall continue any violation beyond the time limit provided for in the written notice shall be guilty of a misdemeanor and on conviction thereof shall be fined in the amount not exceeding $500 for each violation.

         (b)   Each day in which any violation shall continue shall be deemed a separate offense.

      (3)   Any person violating any of the provisions of §§ 50.25et seq. shall become liable to the city for any expense, loss or damage occasioned by the city by reason of the violations.

(Prior Code, § 62-58)  (Ord. 234, passed 1987)

   (C)   Sewer service charge.

      (1)   Each and every sewer service charge levied by and pursuant to §§ 50.45et seq. is hereby made a lien upon the lot or premises served, and all charges which are on October 31of each year past due and delinquent, shall be certified to the County Auditor as taxes or assessments on the real estate. Nothing in this division shall be held or construed as in any way stopping or interfering with the right of the city to levy as taxes or assessments against any premises affecting any delinquent or past due service charges.

      (2)   As an alternative to levying a lien, the city may, at its discretion, file suit in a civil action to collect the amounts as are delinquent and due against the occupant, owner, or user of the real estate, and shall collect as well all attorney’s fees incurred by the city in filing the civil action.  The attorney’s fees shall be fixed by an order of the court.

      (3)   In addition to all penalties and costs attributable and chargeable to recording notices of the lien or filing a civil action, the owner or user of the real estate being serviced by the treatment works shall be liable for interest upon all unpaid balances at the rate of 10% per annum.

(Prior Code, § 62-87)  (Ord. 235, passed 1987; Am. Ord. 429, passed 4-26-2005)