§ 5-6.1116. Violation—Penalty.

(a)

Any violation of Article 11, or the orders, rules and regulations issued under Chapter 6 is unlawful and shall be an infraction or misdemeanor as determined by the City Attorney.

(b)

Any responsible person in violation of Article 11, or the orders, rules and regulations issued under Chapter 6 may be ordered by the Director to cease and desist operations until the violation is cured. Continuance of operations after issuance to the responsible person of a notice to cease and desist shall be unlawful, and an infraction or misdemeanor as determined by the City Attorney. Each day in which any such violation shall continue shall be deemed a separate offense.

(c)

The violation of any of the provisions of Article 11, or the orders, rules and regulations issued under Chapter 6, or the doing of any act prohibited or the failure or omission to do any act required by Article 11, or the orders, rules and regulations issued under Chapter 6, is a public nuisance and may be enjoined by the City Attorney.

(d)

If any violation of Article 11, or the orders, rules and regulations issued under Chapter 6, causes damage to the collection system or the City's Wastewater Treatment Plant, the Director may seek to recover civil damages from the responsible person causing such damage.

(e)

The Director is authorized to levy against any person administrative civil penalties as prescribed in Chapter 6 of Title 1 of the City Municipal Code per day for each violation of the rules and regulations issued under Chapter 6. The notice and order shall provide information as to the reason for the administrative fine and the authority and the notice shall also specify the person's right to appeal. In determining the amount of the civil penalty, the Director may take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurred, and any remedial action attempted or taken by the violator.

(f)

The remedies and provisions of this section are cumulative, and are in addition to any other remedy or provision of law.

(Ord. 3664-C.S., § 1, effective 1-13-17)