(A) Any user who is found to have violated §§ 53.01 through 53.10 or who has not taken action within its means to comply with any provision of these sections, and the orders, rules, regulations and permits issued hereunder, may be fined not less than $100 nor more than $5,000 for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties, provided herein, the city may recover reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation by an appropriate action against the person found to have violated §§ 53.01 through 53.10.
(`86 Code, § 3.32)
(B) (1) Any person found to be violating any provision of §§ 53.25 through 53.32 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in the notice permanently cease all violations.
(2) Any person who shall continue any violation beyond the time limit provided for in division (B)(1) above, shall be guilty of a misdemeanor. Each day in which any violation occurs shall be deemed as a separate offense.
(4) Properties in violation of §§ 53.29 or 53.30 may be charged three times the normal sewer charges if the violations are not corrected within 90 days of written notification of the violation being given to the owner and/or occupant of the structure found to be in violation. The City Council may by policy provide for a longer period within which to comply without charging three times the normal sewer charges where compliance would require elimination of footing drain connections for a building lacking a sump pit or other means of readily connecting the illegal discharge to a legal mews.
(5) Persons connected to city sanitary sewer systems shall permit inspection of their connections to the sanitary sewer system and means of handling surface water run-off, roof drain water and groundwater for compliance with §§ 53.25 through 53.33 or re-inspection to confirm compliance with any orders to correct violations of §§ 53.25 through 53.33. The inspection or re-inspections shall be permitted by the owner and/or occupant within ten days of request by the city to conduct an inspection. The inspection shall be scheduled within ten days of request by the city and shall occur between the hours of 8:00 a.m. and 8:00 p.m. Failure to permit the inspection or reinspections if warranted to confirm compliance with orders to correct violations of §§ 53.25 through 53.33 shall result in the charging of three times the normal sewer rates until the inspection or re-inspections are permitted.
('86 Code, § 3.48) (Am. Ord. 653, passed 6-21-94)
(C) (1) Each and every sewer service charge levied by and pursuant to §§ 53.45 through 53.50 is hereby made a lien upon the lot or premises service, and all charges which are past due and delinquent, shall be certified to the County Auditor as taxes or assessments on the real estate. Nothing in §§ 53.45 through 53.50 shall be held or construed as in any way stopping or interfering with the right of the city to levy as taxes or assessments against any premises affected any delinquent or past due sewer service charges.
(2) As an alternative to levying a lien, the city may, at its discretion, file suit in a civil action to collect the amounts as are delinquent and due against the occupant, owner or user of the real estate, and shall collect as well all attorney's fees incurred by the city in filing the civil action. The attorney's fees shall be fixed by order of the court.
(3) In addition to all penalties and costs attributable and chargeable to recording notices of the lien or filing a civil action, the owner or user of the real estate being serviced by the treatment works shall be liable for interest upon all unpaid balances as established by the City Council.
(`86 Code, § 3.62)