(A) Violation of any provision of this chapter may subject the offender to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after the assessment has become final by exhaustion of the appeal process established by this section or by failure to appeal the assessment.
(B) The civil penalty for violation of any provision of this chapter shall not exceed $500 per day for each day of continuous violation or a cumulative or single civil penalty of $10,000. The civil penalty for willful violation of any provision of this chapter shall not exceed $1,000 per day for each day of a continuous violation or a cumulative or single civil penalty of $20,000.
(C) Any civil penalty shall be assessed by the City Manager, upon the recommendation of the Public Utilities Director, and shall be based upon the reasonable estimated cost of correcting the cited violation; the magnitude of the potential risk posed to the public health, safety, and welfare by the violation; and the cost of the public safety or other emergency response caused by the violation. The City Manager shall serve written notice of the civil penalty assessment on the offender and set out with reasonable care the basis of the amount so assessed.
(D) The provisions of this chapter may be endorsed by an appropriate, equitable remedy, including a mandatory or prohibitory injunction, issuing from a court of competent jurisdiction.
(E) The penalties and enforcement provisions established by this division may be applied in addition to or in lieu of the penalties established by other sections of this code.
(Prior Code, § 51.999) (Ord. passed 8-10-1993)