(a) Definitions. As used in this section the following terms shall have the following meanings:
(1) "Person" means any individual, association, organization, partnership, firm, corporation, or other entity recognized by law, and acting as either the owner or the owner's agent.
(2) "Storm water" means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
(3) "Well" means: (1) a bored, drilled, or driven shaft whose depth is greater than the largest surface dimension; or (ii) a dug hole whose depth is greater than the largest surface dimension.
(b) No person shall establish, construct, maintain or connect any storm water drainage system, or direct, drain, inject, or pump any storm water into a well located within the Village.
(c) Violations Deemed a Public Nuisance.
(1) In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this section are considered a threat to public health, safety, and welfare, and are declared and deemed a nuisance, and may be summarily abated at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
(2) In any action taken by the Village pursuant to this section, the Village may recover all attorney's fees, court costs and other expenses associated with enforcement of this section, including inspection and monitoring expenses.
(d) Injunctive Relief. It shall be unlawful for any person to violate any provision, or failed to comply with any of the requirements of this section. If a person has violated or continues to violate the provisions of this section, the Village Administrator, through the Village's legal counsel, may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations, or compelling the person to perform abatement or remediation of the violation.
(e) Criminal Prosecution. Any person that has violated or continues to violate this section shall upon conviction be guilty of a misdemeanor of the fourth degree and shall be fined not more that two hundred fifty dollars ($250.00) and be subject to imprisonment of not more that 30 days for each offense. A separate offense shall be deemed to have been committed for each day that such violation continues after a period of 30 days following the original conviction.
(Ord. 918-07. Passed 7-31-07.)