Whoever shall violate any provision of this chapter for which no other specific penalty is provided, may be punished as set forth below:
(A) Any person found to be violating any provision of this chapter, may be served by the city with written notice stating the nature of the violation and providing at least 30 days for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations and make all necessary corrections as approved by the city.
(B) Any person who shall continue any violation beyond the time limit shall be guilty of a misdemeanor, and on conviction thereof shall be subject to a fine of up to $1,000 and up to 90 days in jail or both. Each day in which any such violation occurs shall be deemed a separate offense.
(C) Any person violating any of the provisions of this chapter shall also become liable to the city for any expense, loss or damage incurred the city by reason of such violation; including costs of prosecution for criminal charges and court costs and attorney's fees for civil remedies. The city at its option may use any other civil remedies, including but not limited to, obtaining an injunction or bringing abatement actions to remedy a violation.
(D) In addition to the criminal penalties noted above, a civil surcharge of $10 per day may be imposed by separate invoice or added to every sewer billing mailed to property owners or to the contractor/builder of a new house which is found not to be in compliance herein. The surcharge will be levied daily against those properties found not to be in compliance with this chapter until the property has been certified by the City Engineer or his or her representative that the property is in compliance. The surcharge may be levied against the property on the 31 day after notice of the violation has been provided to the owner/contractor/builder. Any property found to be in violation of this chapter a two or more times within one calendar year, may be surcharged up to $100 per day, commencing on the day the property is found to be in noncompliance. There shall be no grace period for bringing the system into compliance for repeat offenders within a calendar year.
(Ord. 510, passed 7-10-2007)