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In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this subchapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense. The City of Wayne may also simultaneously or alternatively initiate a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance.
(Ord. 2019-03. Passed 4-2-19.)
(a) Any person who violates this subchapter shall be guilty of a misdemeanor and subject to the penalties set forth in the Wayne City Code.
(b) The City of Wayne may recover all attorney's fees; court costs; and other expenses associated with enforcement of this subchapter, including sampling and monitoring expenses.
(Ord. 2019-03. Passed 4-2-19.)
The provisions of this chapter are severable, and if any of the provisions, words, phrases, clauses, terms or the application thereof to any person, firm or corporation, or to any circumstances, shall be held invalid, illegal or unconstitutional by any court of competent jurisdiction, such decisions or findings shall not in any way affect the validity, legality or constitutionality of any other provision, word, phrase, clause or term, and they shall continue in full force and effect.
(Ord. 1992-10. Passed 1-21-92.)
(a) This chapter shall constitute a contract between the City and any person making use of the water and sewer facilities of the City. The City reserves the right to amend this chapter at any time it deems necessary, or when so required by any law, and any such amendment shall automatically amend or create a new contract between the City and any customer, and all amending provisions shall become binding upon their effective dates.
(b) The violation of any of the provisions of this chapter shall constitute a breach of contract on the part of the customer and shall constitute cause for termination of the use of the facilities provided for in this chapter by the Department of Water and Sewers.
(c) When any person violates any of the provisions of this chapter, the Department of Water and Sewers shall, forthwith, terminate the use of the facilities provided to such person by disconnecting or shutting off the same, in which event the use of such facilities shall not again be permitted until all liability to the City is fully satisfied and until assurance if provided, as may be required by the Superintendent of the Department, that no further violations will be committed.
If, in the opinion of the Superintendent, it is necessary to remove the curb box shut-off to prevent use of water in violation of this section, he or she shall order the removal of the curb box forthwith. The cost of such removal, along with the cost of reinstallation of said curb box, shall be charged against the owner or user of the premises serviced by said curb box and shall be paid prior to the reinstitution of service.
(d) The cost of the repair of damage, caused by a customer to any part of the water system which is the property of the City, including the meter and the curb box, shall be charged to such customer, and, in the discretion of the Superintendent, may result in discontinuance of water service to the customer.
In the event of damage to any part of the system which is the property of the City, the meter and the curb box, the customer shall be charged for the cost of repair and a service charge as provided in Section 210.13(a) of these Codified Ordinances. In addition, the Superintendent may, in his or her discretion, discontinue water service to the customer.
(e) Nothing herein contained shall be construed to limit or restrict the City from pursuing such legal or equitable remedies as are available to it to enforce the terms of this section, and to protect the health, safety and welfare of the users of the water system and the citizens of Wayne, and to protect the financial stability of the sewer and water system.
(Ord. 1990-01. Passed 1-2-90.)
(EDITOR'S NOTE: See Section 202.99 for general Code penalty if no specific penalty is provided.)