Section 13.07.170 Enforcement actions.

    1. General. It shall be the duty of the director to enforce the provisions of this chapter.
    2. Notice of Violation.  Whenever the director finds that any person has violated or is violating the provisions of this chapter, or a permit or order issued hereunder, the director may serve upon said person written notice of the violation and the director may designate a compliance schedule for corrections of the violation, which will become an addendum to the user's permit.  Within ten (10) days of service of this notice, an explanation of the violation and a plan for the satisfactory correction of the violation and prevention of future similar violations, including specific required actions and specific compliance schedules, shall be submitted in writing to the director.  Submission of this plan in no way relieves the person of liability for any violations occurring before or after receipt of the notice.
    3. Civil Actions.  In case any person violates or has violated any provision of this chapter, the City in addition to other remedies may institute appropriate actions for legal or equitable relief.
            a. Injunctive Relief. In case any person has violated or is violating the provisions of this chapter, the director may petition the court for the issuance of a preliminary or permanent injunction or both which restrains or compels the activities on the part of the person.  The director shall have such remedies to collect all associated fees as are available to collect other sewer service charges.
            b. Penalties. Any person who has violated or is violating the provisions of this chapter, shall be guilty of a municipal infraction and shall be subject to a fine not to exceed one thousand dollars per violation per day for the duration of the violation.  
            c. Consent Orders.  The director is empowered to enter into consent orders, assurance of voluntary compliance, or other documents establishing an agreement with the person or persons responsible for the violation.  Such orders shall include specific action to be taken by the person to correct the violation within a time period specified by the order.  Consent orders shall have the same force and effect as the other provisions of this chapter and shall be considered an addendum to the user permit.
    4. Criminal Actions.  Any person who willfully or negligently violates any provision of this chapter, or who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required pursuant to this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $100 per violation per day or imprisoned in the county jail for a period not to exceed thirty (30) days.  Each separate provision of this chapter violated shall constitute a separate offense.
    5. Nuisance Abatement.  Any construction or unlawful discharge of sanitary sewage or industrial waste into a public sewer in violation of any of the provisions of this chapter or the requirements thereof, is declared to be a common nuisance and such common nuisance may be abated in such manner as nuisances are now or may hereafter be abated under existing law.  (Ord. 90/T-9020)