A. 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. 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. The administrative penalty assessed per this section shall be one hundred dollars ($100.00) for the first violation; two hundred dollars ($200.00) for the second violation of the same ordinance within one year; and five hundred dollars ($500.00) for each additional violation of the same ordinance within one year. In the alternative, an alternative administrative penalty requested by the Director of Public Works and approved by a resolution of the Visalia City Council may be utilized pursuant to Section 1.13.050(D).
B. Payment of any penalty shall not excuse the failure to correct the violation(s), nor shall it bar further enforcement action by the city.
C. Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of ten percent (10%) of the unpaid balance, and interest shall accrue thereafter at a rate of ten percent (10%) per month. A lien against the user's property will be sought for unpaid charges, fines, and penalties.
D. Users desiring to dispute such fines must file a written request for the city to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a request has merit, the city may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The city may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
E. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
F. Revocation of Permit. In the event a discharger shall fail to make arrangements for corrective actions or to pay penalties, as required herein, and shall not have appealed as provided within the time allowed, then the director shall order such discharger's permit immediately suspended, and take such action as necessary to ensure that the discharger complies with the provisions of this section, including but not limited to physically blocking the discharger's access to the sewer system. All such measures shall remain in effect until the discharger has complied with the provisions of this section. (Ord. 2011-08 § 8, 2011: Ord. 2006-02 (part), 2006)