(A) Any person who is found to have violated any provision of this chapter or the orders and permits issued hereunder, shall be subject to an administrative penalty and fined in an amount not to exceed five thousand dollars ($5,000.00) per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the person’s next scheduled sewer charge and the Manager shall have such other collection remedies as he has to collect other service charges.
(B) Any person violating any of the provisions of this chapter shall be subject to termination of its authority to discharge sewage into the Commission system upon a determination pursuant to the terms of this chapter that the violation currently exists and is of a continuing nature.
(C) Any person violating any of the provisions of this chapter shall become liable to the Commission for any expense, loss, or damage occasioned by the Commission by the reason of the violation.
(D) (1) Any person who has violated or continues to violate this chapter or any order or permit issued hereunder, shall be liable to the Manager for a civil penalty of not more than ten thousand dollars ($10,000.00) plus actual damages incurred by the POTW per violation, per day, for as long as the violation(s) continues. In addition to the above-described penalty and damages, the Manager may recover reasonable attorney's fees, court costs, and other expenses of his enforcement activities, including special sampling and monitoring expenses.
(2) The Manager shall petition the court to impose, assess, and recover such sums. In determining amount of 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, any economic benefit gained through the person's violation, corrective actions by the person, the compliance history of the user person, and any other factor as justice requires.
(E) Any person who willfully or negligently violates any provision of this chapter, or any orders or permits issued hereunder shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000.00) per violation, per day, or imprisonment for not more than one (1) year, or both.
(F) Any person violating the provisions of § 31.004 shall, upon conviction, be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than twelve (12) months, or by both.
(G) Any person who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or wastewater permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000.00) per violation, per day, or imprisonment for not more than one (1) year, or both.
(H) Any person violating the provisions of § 31.063(C), shall, upon conviction, be subject to a fine of not more than ten thousand dollars ($10,000.00) or imprisonment in the county jail for not more than twelve (12) months, or by both.
(Ord. - -, passed 6-7-84; Am. Ord. 89-10-002, passed 10-19-89; Am. Ord. 91-07-18, passed 7-18-91)
(I) Any person who violates the provisions of Article II, Division 2, who fails to carry out the duties and responsibilities imposed by this subchapter, or who impedes or interferes with any action undertaken or ordered pursuant to this subchapter shall be subject to the following penalties.
(1) If the Mayor or other City Official, or a Commissioner, Commission Manager/Asst. Manager, Commission Department Head, or other person(s) charged with the implementation and enforcement of this subchapter or a water supply shortage resolution learns of any violation of any water use restriction imposed pursuant to this subchapter, a written notice of the violation shall be affixed to the property where the violation occurred and mailed to the customer of record and to any other person known to the Commission who is responsible for the violation or its correction. Said notice shall describe the violation and order that it be corrected, cured, or abated immediately or within such specified time as the Commission Manger/Asst. Manager determines it is reasonable under the circumstance, but in no event longer than ninety-six (96) hours. If the order is not complied with, the Commission may terminate water service to the customer subject to the following procedures:
(a) The Commission shall give the customer notice by mail or hand delivery that, due to the violation, water services will be discontinued within a specified period of time and that the customer has the opportunity to appeal the termination (within four (4) days) by requesting a hearing before the Commission, or a Commission member official designated as a hearing officer by the Commission.
(b) If such a hearing is requested by the customer charged with the violation, he or she shall be given a full opportunity to be heard before termination is ordered; and
(c) The Commission shall make findings of fact and order whether service should continue to be terminated.
(2) A fee of fifty dollars ($50.00) shall be paid for the reconnection of any water service terminated pursuant to subsection (1). In the event of subsequent violations, the reconnection fee shall be two hundred dollars ($200.00) for the second violation, and three hundred dollars ($300.00) for each additional violation.
(3) Any customer may also be charged with violation of this subchapter and prosecuted in District Court. Any person so charged and found guilty in District Court of violating the provisions of this subchapter shall be guilty of a Class B misdemeanor. Each day's violation shall constitute a separate offense. The penalty for an initial violation shall be mandatory fees of one hundred dollars ($100.00) which may not be adjusted by the District Court. In addition, such customer may be required by the court to serve a definite term of confinement in the county jail which shall be fixed by the court and which shall not exceed thirty (30) days. The penalty for a second violation shall be a mandatory fine of three hundred dollars ($300.00) which may not be adjusted by the District Court. In addition, such customer shall serve a definite term of confinement in the county jail which shall be fixed by the court and which shall not exceed thirty (30) days. Penalties for additional violations shall be the same as the second violation.
(Ord. 2001-05-03(A), passed 5-3-01)
(J) Any person who violates the provisions of Article II, Division 3, who fails to carry out the duties and responsibilities imposed by this subchapter, or who impedes or interferes with any action undertaken or ordered pursuant to this subchapter shall be subject to the following penalties.
(1) If a Commission member, manager, assistant manager, superintendent or other employee of the Commission charged with implementation and enforcement or a water supply shortage resolution learns of any violation of any water use restriction imposed pursuant to this subchapter, a written notice of the violation shall be affixed to the property where the violation occurred and mailed to the customer of record and to any other person known to the Commission who is responsible for the violation or its correction. Said notice shall describe the violation and order that it be corrected, cured, or abated immediately or within such specified time as the Commission determines is reasonable under the circumstances. If the order is not complied with, the Commission may terminate water service to the customer subject to the following procedures:
(a) The Commission shall give the customer notice by mail that, due to the violation, water services shall be discontinued within a specified time and that the customer will have the opportunity to appeal the termination by requesting a hearing scheduled before a quorum of the Commission or an official; designated as a hearing officer by the Commission;
(b) If such a hearing is requested by the customer charged with the violation, he or she shall be given a full opportunity to be heard before termination is ordered; and
(c) The Commission or hearing officer shall make findings of fact and order whether service should be continued or be terminated.
(2) A fee of one hundred dollars ($100.00) shall be paid for the reconnection of any water service terminated pursuant to subsection (1). In the event of subsequent violations, the reconnection fee shall be two hundred dollars ($200.00) for the second violation and three hundred dollars ($300.00) for each additional violation.
(3) Any customer may also be charged with violation of this subchapter and prosecuted in District Court. Any person so charged and found guilty in District Court of violating the provisions of this subchapter shall be guilty of a Class B misdemeanor. Each day's violation shall constitute a separate offense. The penalty for an initial violation shall be mandatory fees of one hundred dollars ($100.00) which may not be adjusted by the District Court. In addition, such customer may be required by the Court to serve a definite term of confinement in the county jail which shall be fixed by the Court and which shall not exceed thirty (30) days. The penalty for a second violation shall be a mandatory fine of two hundred dollars ($200.00), which may not be adjusted by the District Court. In addition, such customer shall serve a definite term of confinement in the county jail, which shall be fixed by the Court and which shall not exceed thirty (30) days. Penalties for additional violations shall be the same as the second violation.
(Ord. 2001-05-03(B), passed 5-3-01; Am. Ord. 2019-09-019, passed 9-19-19)
Cross Reference:
Extension of water and sewer service, see § 80.003