Sec. 19-6-4. Nuisance--Injunctive relief--Recovery of damages.

(a) Continued habitation of any building or premises during any period of termination or suspension of sewer services, or the continued habitation, occupancy or operation of any facility in violation of the provisions of this chapter or any ordinance, rule or regulation of the city related to sewer use (including, but not limited to pretreatment requirements), is hereby declared to be a threat to public health and a public nuisance. Violation of any of the provisions of this chapter, a wastewater discharge permit, or any pretreatment standard or pretreatment requirement, is hereby declared to be a threat to public health and a public nuisance.
(b) When the director finds that any person or user has violated, is violating, threatens to violate or continues to violate, any provision of this chapter, a wastewater discharge permit, or any other pretreatment standard or pretreatment requirement, the director may request that the city attorney bring an action in the name of the city for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance, of the wastewater discharge permit, order or other requirement imposed by this chapter on activities of the user. The city attorney may also seek such other legal and/or equitable remedies as are appropriate, including a requirement for the user to conduct environmental remediation or that the user pay such actual and compensatory damages as may have been incurred by the city.
(c) A complaint for injunctive relief or for damages shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. No. 1271, § 1 (part).)