§ 53.999. PENALTIES.

(A)

Any user who is found to have violated an order of the City or who fails to comply with any provision of this Chapter for which another penalty is not provided, and the orders, rules, and regulations issued hereunder, shall be penalized in at least the amount of one thousand dollars ($1,000.00) per day 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 all reasonable attorney fees, court costs, court reporter fees, and other expenses of litigation by appropriate motions or suit at law against the user or person found to have violated this Chapter or the orders, rules, regulations and permits issued hereunder.

(B)

Any person who shall continue any violation beyond the time limit provided for in Section 53.150 shall be guilty of a violation, and on conviction thereof, shall be penalized in the amount not exceeding five thousand dollars ($5,000.00) for each violation. Each day in which any violation shall continue shall be deemed a separate offense.

(C)

Within thirty (30) days of any and all violations, the user shall cause a sample of the discharge to be taken and laboratory analysis performed on said sample at their expense with the results to be provided to the Director. The Director may require further sampling at such times as deemed appropriate.

(D)

Whoever violates Section 53.151 of this Chapter shall, upon conviction, be punished by a fine in at least the amount of one thousand dollars ($1,000.00) or by imprisonment for not more than sixty (60) days, or by both.

(E)

All remedies provided for in this ordinance are not exclusive. The City or Director may take any, all, or any combination of these actions against a noncompliant User. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the City or Director may take action against any User when the circumstances warrant. Further, the City or Director is empowered to take more than one enforcement action against any noncompliant User.

(Ord. No. 22-94, passed 5/3/94; Ord. No. 4-02, § 38, passed 2/19/02; Ord. No. 25-12, § 21, passed 8/21/12)