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Each and every day, or portion thereof, of any violation of this chapter or a use permit or a final order issued under this chapter by any user shall constitute a separate and new violation by such user and shall be punishable as herein provided for civil and criminal penalties. (Ord. 4261, 10-6-1997)
A. When ordered by the city council or when fees and surcharges remain unpaid ninety (90) days after having been billed, the following notice shall be forwarded by registered mail, return receipt requested, certified mail, or personal service to the occupants at the address of the building being served by the city:
NOTICE OF INTENT TO TERMINATE SERVICE
You are hereby notified that due to (insert reason for termination), the wastewater service to the building located at (insert address) will be terminated within thirty (30) days hereafter unless you have corrected the above situation. Your service will be disconnected and your building will be red-tagged as unfit for human occupancy on the thirty-fifth (35th) day after date of this notice. Dated .
WASTE MANAGEMENT
SERVICES DEPARTMENT
CITY OF WATERLOO, IOWA
BY:
Superintendent
B. The city hereby declares that it is against public policy for a building to be occupied by human inhabitants which has been red-tagged by the waste management services department after appropriate notice has been given that the building is "a public nuisance and unfit for human occupancy".
C. In the event that such user fails to correct the cause for the above notice, the following notice shall be forwarded by registered mail, return receipt requested, certified mail, or personal service to the occupants of the building and also affixed to the building or housing unit within a building:
NOTICE OF TERMINATION
You are hereby notified that there has been no response to the Notice of Intent to Terminate Service and the thirty (30) day period stated therein has lapsed. You are hereby notified that on (here insert date five days after service of this notice), the city will physically disconnect the building sewer to your building from the sewage system to which it is connected and will red-tag the building located at (here insert address) as "unfit for human occupancy."
Dated .
WASTE MANAGEMENT
SERVICES DEPARTMENT
CITY OF WATERLOO, IOWA
BY:
Superintendent
D. The manner of severance and procedure for disconnection shall be determined by the waste management services department. Upon completion of said disconnection, the administrator shall forward to the occupant of the building by registered mail, return receipt requested, certified mail, or personal service a bill for the cost of making the disconnection, including all costs for labor and materials and a one hundred dollar ($100.00) service charge for city supervision. (Ord. 4482, 5-29-2001)
A. Upon payment to the city of any delinquency in full, plus penalties, plus the cost of the disconnection and the one hundred dollar ($100.00) city supervision fee, and an inspection by the administrator to determine whether the original cause for termination has been corrected, the city will issue a permit for reconnection of the building service line to the POTW. Such reconnection costs, plus inspection fees for the city in accordance with the provisions of this chapter, shall be at the sole expense of the user.
B. Upon reconnection and payment of all costs described above, the city, through its agents, shall remove the red tag from the building and the building shall, so far as the city is concerned, be "fit for human occupancy". (Ord. 4261, 10-6-1997)
A. In addition to remedies available to the city set forth elsewhere in this chapter, if the city is notified of a violation or fined by the IDNR or USEPA for violations of the city NPDES permit or violations of water quality standards as the result of a discharge of pollutants by identifiable user(s), then the fine, including all city legal, sampling, analytical testing, costs and any other related costs shall be charged to the responsible user(s). Such charge shall be in addition to any other remedies the city may have under this chapter, at law or in equity.
B. If the discharge from any user results in a deposition, obstruction, damage or other impairment to the POTW, the user shall become liable to the city for any expense, loss or damage caused by the violations or discharge. The city may add to the user's charges and fees the cost assessed for any cleaning or repair, or replacement work caused by the violations or discharge. (Ord. 4261, 10-6-1997)
A. Violations, Public Nuisance: Violations of this chapter, a permit or a final order are hereby declared to constitute a public nuisance.
B. Surcharges: In addition to prosecution and the imposition of penalties for violations, a user violating this chapter, a permit or a final order shall be subject to one or more surcharges in accordance with this chapter.
C. Civil Judicial Relief: The superintendent is hereby empowered, with the city attorney, to institute legal proceedings in a court of competent jurisdiction of the abatement of any nuisance, and to seek relief for violations of this chapter, a use permit or a final order. The superintendent may seek temporary or permanent injunctive relief, damages, civil penalties not to exceed one thousand dollars ($1,000.00) per day per violation, costs and such other relief as a court may order. The superintendent may also seek collection of unpaid surcharges and penalties from the user.
D. Cumulative Remedies: The imposition of a single penalty, order, damage or surcharge upon a user for a violation of this chapter, a permit or a final order shall not preclude the imposition by a court of competent jurisdiction of a combination of any or all of the sanctions and remedies or additional sanctions and remedies with respect to the same violation, consistent with applicable statutory limitations. A criminal citation and prosecution of a criminal action against a user shall not be dependent upon or held in abeyance during any civil, judicial or city administrative proceeding, conference or hearing regarding the user. (Ord. 4261, 10-6-1997)
E. Criminal Penalties: Any user who is found to have violated an order of the city council or who wilfully or negligently failed to comply with any provision of this chapter and the orders, rules, regulations and permits issued hereunder, shall be punished by a fine as provided in the general penalty in section 1-3-1 of this code 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 fees, court costs, court reporter fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations and agreements issued hereunder. (Ord. 4261, 10-6-1997; amd. 2001 Code)
ARTICLE A. USER CHARGES AND FEES
SECTION:
8-3A-1: Wastewater Volume
8-3A-2: Determination Of Rates And Charges
8-3A-3: Charges And Fees
8-3A-4: Connection Charges
8-3A-4-1: Building Sewer Connection Charges; Determination
8-3A-4-2: Cross And Lateral Sewer Connection Charges
8-3A-4-3: Use Of Sewer Connection Charges
8-3A-4-4: Permitted Connections
8-3A-4-5: Violations And Penalties
A. For purposes of establishing user charges, the quantity of wastewater discharged to the POTW by a user shall be determined by and held to be the quantity of water used based on water meter readings of the waterworks or private water supply unless otherwise approved by the Superintendent. If a user shall use water which comes from a private water supply, the user shall meter the water at his own expense when required by the Superintendent and shall pay the appropriate user charges.
B. All charges and fees not otherwise provided for in this article shall be set by resolution. (Ord. 4261, 10-6-1997)
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