A. Following the effective date of this chapter, it shall be unlawful for any person to violate any provision of this chapter, to connect to, construct, install or provide, maintain, use or alter any other means of sewage disposal from any building in said city except by connection to a public sewer in the manner as provided in this chapter, or by installation, provision, usage or maintenance of approved private disposal facilities in accordance with the provisions of this chapter.
B. When the city finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city may fine such user in at least the amount of one thousand dollars ($1000.00) per day. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.
C. Unless otherwise specified in this chapter, any violation of the provisions of subsection (A) of this section shall constitute a misdemeanor. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction pursuant to Section 19(c) of the California Penal Code.
D. Any person convicted of a misdemeanor under this article shall be punished by: (1) A fine not to exceed five hundred dollars ($500.00) and/or thirty (30) days in the county jail for a first violation; (2) a fine not exceeding one thousand dollars ($1,000.00) and/or ninety (90) days in the county jail for a second violation of this article within one year; and (3) a fine not exceeding two thousand five hundred dollars ($2,500.00) and/or six months in the county jail for each additional violation of this article within one year. Each day that a violation continues shall be regarded as a new and separate offense.
E. Any person convicted of any infraction of this article shall be punished by: (1) a fine not exceeding fifty dollars ($50.00) for a first violation; (2) a fine not exceeding one hundred dollars ($100.00) for the second violation of this article within one year; and (3) a fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of this article within one year. Each day a violation continues shall be regarded as a new and separate offense. (Ord. 2006-02 (part), 2006: Prior code § 4295)