A. Notwithstanding any other section of this chapter and chapters 17.81 and 17.84 of this title, any responsible party determined by the director, without regard to intent or negligence, to be in violation of this chapter and/or chapter 17.81 and/or 17.84 of this title may be fined in an amount not greater than ten thousand dollars ($10,000.00) per violation, per day, as determined by the director in his or her reasonable discretion; provided, however, that any fine based on a violation of section 17.84.900 of this title shall not exceed the fine imposed for a class B misdemeanor.
1. The director may adopt an escalating fine schedule for penalties assessed under subsection A that allows for increased penalties for multiple violations.
2. Penalties assessed under subsection A may be increased and/or trebled, in the director's discretion, where the responsible party has received another notice of violation at any time; for violations resulting in physical harm to persons or to private or public property; for knowing or deliberate violations; or for violations resulting from grossly negligent or reckless conduct.
B. The director may charge a responsible party for all costs related to an administrative enforcement action, including but not limited to inspections, sampling, monitoring and preparing such as notices and orders, which charge may be assessed whether or not a fine under subsection A of this section is also imposed.
C. The director may also charge a responsible party for the actual costs and expenses incurred by the city after the effective date hereof to respond to any prohibited discharge, regardless of whether such prohibited discharge occurs prior to or after the effective date hereof. Such charges may include all labor, equipment and materials used by the city, costs incurred to address damages to or contamination of the storm sewer system, watercourses or any public private property, public health studies or other assessments, and all related administrative costs. Such charge may be assessed whether or not a fine under subsection A of this section is also imposed.
D. Assessments for fines and/or costs may be added to the responsible party's next scheduled storm water utility service charge, and the director shall have such other collection remedies as may be available for other service charges and fees.
E. Unpaid charges, fines, assessments and penalties shall, after sixty (60) calendar days, be assessed an additional penalty of ten percent (10%) of the unpaid balance. Thereafter, interest on any unpaid balances, including penalties, shall accrue at a rate of one percent (1%) per month. A lien against the responsible party's property may be sought for unpaid charges, fines, and penalties. Unpaid charges, fines, assessments and penalties shall be judicially enforceable by the City in any court of competent jurisdiction, and the City may recover all reasonable attorney fees, court costs, and other expenses of litigation related to such enforcement.
F. Responsible parties desiring to dispute such fines or assessments must file a written request for the director to reconsider the fine or assessment, along with full payment thereof, within thirty (30) days after being notified of the fine or assessment. The director shall convene a hearing on the matter within fourteen (14) days after receiving the request from the responsible party. In the event the director determines that all or any portion of the fines, assessments or charges were improper, such amounts paid by the responsible party to the director shall be returned to the responsible party, without interest.
G. The imposition of fines, assessments or other charges shall not be a prerequisite for taking any other action against the responsible party. (Ord. 29-20, 2020: Ord. 53-07 § 19, 2007)