(A) Generally. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.999.
(B) Judicial enforcement remedies.
(1) Injunctive relief. When the District finds that a person has violated, or continues to violate, any provision of this chapter, an NPDES permit, or order issued hereunder, or any other standard or requirement, the District may petition through any court of general jurisdiction within the county, for the issuance of a temporary or permanent injunction. The District may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the person to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a person.
(2) Civil penalties. In addition to the administrative fines available herein, a person who has violated, or continues to violate, any provision of this chapter, or order issued hereunder, or any other standard or requirement shall also be liable to the District for a maximum civil penalty of $2,500 per violation, per day. Penalties shall accrue for each day during the period of the violation.
(3) The District may recover reasonable attorney’s fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the District.
(4) In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the person’s violation, corrective actions by the person, the compliance history of the person, and any other factor as may be deemed appropriate.
(5) Filing a suit for civil penalties shall not be a bar against, or a prerequisite, for taking any other action against a person.
(Prior Code, § 50.64)
(C) Remedies not 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 District to seek cumulative remedies.
(Prior Code, § 50.65)
(Prior Code, § 53.06)
(E) Remedies. The Board shall enforce provisions of this chapter by any legal methods, including but not limited to:
(1) A civil action for debt brought by the City Sanitary District in the name of the city;
(2) By disconnecting the property owned or controlled by the property owner or user;
(3) By obtaining an injunction against the property owner or user to prohibit any further discharge into the sewer system of sewer wastes by the property owner, or user; or
(4) The City Controller, after user charges have gone unpaid for a period of 60 days and declared delinquent, certify the amount due from each such owner or user of a parcel of real estate to the County Auditor and certify the amount of charges due from the owner or user shall be placed on the tax duplicate by the County Auditor and collected as taxes are collected from such owner or user of a parcel of real estate as provided by law.
(Prior Code, § 53.07) (Ord. 93-1995, passed - -)