Sec. 26-65. Penalties.

 

(a) Any person upon whom a duty is placed by the provisions of this article, who shall fail, neglect or refuse to perform such duty, or who shall violate any of the provisions of this article, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed one hundred dollars ($100.00) for each violation, together with the costs of prosecution. Each day that a violation of this article continues shall constitute a separate and distinct offense and shall be punishable as such.

 

(b) Provided, however, that any person upon whom a duty is placed by the provisions of sections 26-60, 26-62, 26-131, 26-132, 26-133 (a) and (e), 26-134, 26-136 through 26-138 and 26-141 of this article, who shall fail, neglect, or refuse to perform such duty, or who shall violate any of the provisions of said sections, may be served by the city with written notice stating the nature of such duty or of such violation and providing a reasonable time limit for the satisfactory correction of such duty or violation. Such person shall, within such period of time, perform such duty or cease such violation; otherwise, for each day after such period of time that such person fails, neglects or refuses to perform such duty or violates such provision, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as above provided.

 

(c) In addition to, or in lieu of, other remedies provided the city by this article to correct or abate a failure, neglect or refusal to perform a duty imposed by this article or a violation of a provision of this article, the city engineer may revoke any permit issued under the provisions of this article, and may effect the discontinuation of water or sewer service, or the discontinuation of both such services, to the owner of the property. The city engineer may also institute injunction or other appropriate action or proceeding. However, with the exception of repeated nonaccidental discharges to the public sewers of waters or wastes of the types referred to in subsections (b), (c), (d) and (e) of section 26-133, the city engineer shall give the owner at least fifteen (15) days' written notice before revoking such permit or discontinuing water or sewer service; except, that if within said fifteen-day period such owner requests a hearing before the hearing board as hereinafter provided, the city engineer shall not revoke such permit nor discontinue such water or sewer unless authorized by said board or by a court of competent jurisdiction upon appeal from said board.

 

(d) Any person who accidentally discharges into a public sewer any waters or wastes of the types referred to in section 26-133 of this article shall immediately notify the city engineer by the quickest means available, supplying him with all information pertaining to such discharge as the city engineer may request to enable the city engineer to take proper action to protect persons, public sewers and sewage treatment processes which may be endangered by such discharge. Such an accidental discharge shall not constitute a violation of this article, provided that prompt report of such discharge is made to the city engineer as aforesaid.

 

(e) Any person upon whom a duty is placed by the provisions of this article, who shall fail, neglect or refuse to perform such duty, or who shall violate any of the provisions of this article, or who is responsible for an accidental discharge as aforesaid, may be held liable to the city for any expense, loss, or damage occasioned the city by reason thereof.

 

Source:  Ord. No. 3014,  27, 10-5-81