When staff finds that a user as violated or continues to violate, any provision of this article or any pretreatment standard or requirement, the city shall serve upon the user notice(s) of violation as hereafter described:
(A) First violation. A written first notice of violation shall be provided to the user by the Director of Public Works or his or her designee for the first violation of the discharge provisions of this article. As a result of the first violation, the city will increase the site inspection and effluent sampling and analysis frequency to the extent determined necessary by the Director of Public Works or his or her designee. The user will be responsible to pay the additional costs incurred by the city resulting from the increased level of monitoring. The increased monitoring shall be for a period determined to be necessary by the Director of Public Works and specified in the first notice of violation, not to exceed one year.
(B) Second violation. A violation shall be considered a second violation if, and only if, it occurs during the term of the increased monitoring arising out of the first violation. The issuance of a second notice of violation shall result in an extension of the monitoring period specified in the first notice. The length of the extension shall be determined by the Director of Public Works, but shall not exceed an additional two years beyond the period prescribed in the first notice. The user will be responsible to pay the additional costs incurred by the city resulting from the increased level of monitoring during the extended period as well as during the initial period. If determined to be necessary by the Director of Public Works, the user may be required at his or her expense to install a size specific sampling station or device to assist in the monitoring process.
(C) Third violation. A violation shall be considered a third violation if, and only if, it occurs during the term of the increased monitoring arising out of the second violation. The issuance of third notice of violation shall result in a further extension of the monitoring period specified in the first and second notices. The length of the extension shall be determined by the Director of Public Works, but shall not exceed an additional three years beyond the periods prescribed in the first and second notices. The user will be responsible to pay the additional costs incurred by the city resulting from the increased level of monitoring during this extended period as well as during the preceding periods. In addition to the above requirements, the user shall be required to pay to the city an administrative civil penalty in the amount of $2,000.
(D) Fourth violation. A violation shall be considered a fourth violation if, and only if, it occurs during the term of the increased monitoring arising out of the third violation. The issuance of a fourth notice of violation shall result in a further extension of the monitoring period specified in the first, second and third notices. The length of the extension shall be determined by the Director of Public Works, but shall not exceed an additional three years beyond the periods prescribed in the first, second and third notices. The user will be responsible to pay the additional costs incurred by the city resulting from the increased level of monitoring during this extended period as well as during the preceding periods. In addition to the above requirements, the user shall be required to pay to the city an administrative civil penalty in the amount of $5,000.
(E) Fifth violation. A violation shall be considered a fifth violation if, and only if, it occurs during the term of the increased monitoring arising out of the fourth violation. The issuance of a fifth notice of violation shall result in termination of sewer services by the Public Works Director or his or her designee at the premises where the violation occurs in accordance with § 18.5 of this code.
(Ord. 920, passed 11-7-2000)