(a) Civil Penalties. Any Person found to be in violation this Article shall be civilly liable to the City in an amount not to exceed six thousand dollars ($6,000) per day per violation.
(b) Administrative Penalties. Any Person found to be in violation of this Article shall be civilly liable to the Department in the amount as follows:
(1) For failure to maintain a valid Certificate-up to $200 per day.
(2) For operating or allowing the operation of a Diesel Backup Generator beyond the allowable hours of operation for Non-Emergency Use-up to $250 for each hour beyond the allowable hours. Fractional hours shall be rounded up the next whole hour.
(3) For failing to submit required information or to maintain records of operation for the Diesel Backup Generator-up to $425 per violation.
(4) For providing false information or records to the Department-up to $850 per violation.
(5) For failing to comply with a final Director's Order-up to $2,000 per day.
(c) Penalty Assessment. A civil penalty pursuant to Subsection (a) of this Section shall not be recoverable for a violation if an administrative penalty was imposed pursuant to Subsection (b) of this Section for the same violation. Each day in which a Person fails to comply with the requirements of this Article shall be a separate and distinct violation.
(d) Factors Considered in Penalty Assessment. In determining the appropriate amount of civil or administrative penalties, the court or the Director shall consider the following: (1) the nature and persistence of the violation, (2) the frequency of past violations, (3) any action taken to mitigate the violation, (4) the economic benefits accrued to the violator as a result of the violation, and (5) the financial burden to the violator.
(e) Remedies not Exclusive. Remedies under this Section are in addition to and do not supersede or limit any and all other remedies, civil or criminal, that are available in law or equity.
(Added by Ord. 202-02, File No. 012186, App. 9/27/2002)