CHAPTER 19. WASTEWATER DISCHARGE AND TREATMENT.
Article VI. Enforcement and Penalties.
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).)