Chapter 13.07 STORM AND SANITARY SEWER REGULATIONS
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)