§ 114.013. Violations and penalties.

Sec. 13. 

A.

Violations/damage. Any person violating any provision of this Ordinance and failing to operate in compliance therewith or maliciously, wilfully or negligently breaking, damaging, destroying, uncovering, defacing, tampering with, climbing upon or entering into any structure, appurtenance or equipment of the public sewer system shall be responsible for Municipal civil infraction.

B.

Notice to cease and desist. Except for violations resulting in the direct and immediate damage to structures, equipment or appurtenances of the public sewer system, shall be served by the Authority through its Director with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations as determined by the Authority. However, proceedings to enforce this Ordinance may be commenced without such written notice.

C.

Civil infractions. A person, firm or corporation or other entity who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this Ordinance shall be responsible for municipal civil infraction and shall pay a fine according to the following schedule:

First offense	$75.00
Second offense within first 12 months	$150.00
Third offense within one-year period	$325.00
Fourth offense within one-year period	$500.00

 

If a determination of responsibility is made by the court, the court may impose costs as provided for by law in addition to the fines called for above.

The foregoing penalties shall not prohibit the Municipalities from seeking injunctive relief against a violator or such other appropriate relief as may be provided for by law.

Every day that a violation is permitted to exist shall constitute a separate offense. The imposition of any fines shall not exempt the offender from compliance with the provisions of this Ordinance.

D.

Nuisance abatement. Any nuisance or any violation of this Ordinance is deemed to be a nuisance per se. The Authority, in the name of the Municipalities and in the furtherance of public health, may enforce the requirements of this Ordinance by injunction or other remedy and is hereby empowered to make all necessary repairs or take other corrective action necessitated by such nuisance or violation. Persons who violated the Ordinance or permitted such nuisance or violation to occur shall be responsible to the Authority and/or the Municipality for the costs and expenses incurred in making such repairs and taking such action.

E.

Liability for penalties levied against the municipality authority. Any business, industry or person violating any of the provisions of this Ordinance which results in fines or penalties being levied against the Municipality or Authority shall become liable for said fine or penalty plus any expenses, loss or damage occasioned by such violation. This fine or penalty shall be levied in addition to any fines levied under subsection C above.

F.

Cumulative remedies. The remedies provided by this Ordinance shall be deemed to be cumulative and not mutually exclusive.