Notwithstanding the provisions of Section 13.08.900:
A. The city may impose civil penalties upon any discharger who violates any provision of this chapter. Civil penalties shall be in accordance with Section 1.12.010. The purpose for issuing civil penalties under this section is to penalize negligent or willful misconduct, discourage future violations from occurring, encouraging corrective actions and punishing repeat violators.
B. A user who 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 shall be liable to the city in at least the amount of one thousand dollars ($1,000.00) per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
C. The city may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
D. In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
E. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
F. Notice of Violation. Upon the director's determination that a chargeable violation has occurred, he shall issue to and serve upon, the discharger a notice of violation(s). Such notice shall describe the time, date, place and circumstances of each violation charged, the amount of penalty imposed by the director for each violation, and corrective measures which the discharger is required to undertake as a condition of continuation of discharger's permit. The director shall have discretionary authority to decline to issue notice of violation(s) in cases where violations are insignificantly technical in nature and the public interest would not be served by formal charges. The director shall keep a record of all such discretionary determinations.
G. Discharger Payment or Appeal. Discharger shall pay the penalty and take corrective action described in the notice of violation, or shall make arrangements to pay and take corrective actions. Payment shall be made, or a plan for payment and corrective action shall be made and completed not later than thirty (30) days after service upon the discharge of the notice of violation. Discharger may, in the alternative, within thirty (30) days of service of the notice of violation, file a notice of appeal with the city manager, which notice of appeal shall stay all further action on the notice of violation, and accumulation of interest upon penalties therein, pending final decision by the city manager on the appeal; provided, however, that nothing herein shall be taken to limit the authority of the director to take such action or to make such directives as are reasonable in the circumstances to stop or prevent an ongoing or threatened violation.
H. 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.
I. City Manager's Authority. Upon an appeal brought to the city manager by a notice of appeal by a discharger charged with the violation, the city manager shall set the matter for hearing. Alternatively, the city manager may refer such appeals to a designated administrative hearing officer. The city manager, or the administrative hearing officer shall determine whether the violation has occurred, and whether the civil penalty imposed by the director was reasonable in all the circumstances. The city manager, or the administrative hearing officer designated by the city manager, shall have the authority and set proceedings to affirm or dismiss the allegations, to condition the penalties imposed or the corrective action, or to reduce or increase the fines imposed by the director. Failure of the discharger to comply with the decision of the city manager or the administrative hearing officer designated by the city manager, or make arrangements for compliance satisfactory to the director within fifteen (15) days of the date of the decision, shall result in termination of the discharger's permit, and the director shall thereupon order physical termination of service forthwith, which service shall not be resumed until the order of the city manager or the administrative hearing officer designated by the city manager, has been complied with.
J. Lien. The amount of civil penalties imposed under this section which have remained delinquent for a period of sixty (60) days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the civil penalty. The lien provided herein shall have no force and effect until recorded with the county recorder and when recorded shall be in force and effect for ten years from time of recording unless sooner released, and shall be renewable in accordance with the provisions of Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.
K. Superior Court Action. The city may, at its option, elect to petition the superior court to confirm any other establishing civil penalties and enter judgment in conformity therewith in accordance with the provisions of Sections 1285 to 1297.6, inclusive, of the Code of Civil Procedure. (Ord. 2006-02 (part), 2006: Ord. 9605 § 26 (part), 1996: Prior code §4309)