(a) Notwithstanding any other provision of this chapter, any user who is found to have violated any provision of this chapter, or who has violated any permit, order, rule or regulation issued under the provisions of this chapter, shall be fined an amount not to exceed one thousand dollars ($1,000) per violation. Each day on which a violation or noncompliance occurs or continues shall be deemed a separate and distinct offense.
(b) In determining the amount of an administrative fine, the City Manager shall consider the magnitude and severity of the violation, the history of past violations, the economic advantage gained by the violator for causing or allowing the violation to occur and affirmative actions taken by the violator to comply with the provisions of this chapter.
(c) Such fines may be added to the industrial user's sewer service bill. The City shall have the same collection remedies that are available to collect other service charges.
(d) Any person assessed an administrative fine may appeal the action by filing a written notice of appeal within ten days of being notified of the fine. The notice of appeal shall include the name, address and telephone number of the applicant, the date and the pertinent documentation describing the basis for appeal.
(e) The notice of appeal shall be filed at the office of the City Manager by certified mail. The City Manager shall consider the appeal and convene a hearing on the matter within thirty days of receiving the notice of appeal.
(f) Any person who fails to file a notice of appeal within ten days of receipt of the notice of the fine shall be deemed to have agreed to the action taken.
(Ord. 92-19. Passed 9-21-92.)