CHAPTER 23C. UTILITY SERVICES.
Article VI. Sewage Service.
Secs. 23C-6-13 to 23C-6-14. Repealed by Ordinance No. 1272, § 1.Sec. 23C-6-15. Enforcement.
(a) City Personnel Responsible for Enforcement. The engineer is hereby
charged with the enforcement of all provisions of this chapter, except
collection, subject to the control and direction of the city
manager.
(b) Disconnection for Violations. In the event of a violation of
any of the provisions of this article, or any rule or regulation established
thereunder, or any condition of any permit issued pursuant to this article by
the engineer, the engineer shall notify in writing the person causing, allowing
or permitting such violation, specify the violation and if applicable, the time
after which (upon the failure of such person to prevent or rectify the
violation) the engineer shall have authority to disconnect, or will disconnect,
the user from the water system and/or the sewage system service, provided that
such time shall not be less than three days after the mailing of notice in
writing to the user so in violation. The engineer may disconnect any user from
the sewage system and/or water system who continues such violation after the
time stated in the notice. Nothing in this section will prevent the engineer
from discontinuing any user in case of emergency, or when discharges present an
imminent or substantial endangerment to the health or welfare of persons, to the
environment, causes interference to the sewage treatment plant or causes the
city to violate any condition of its NPDES permit.
(c) Disconnection Caused
by Delinquent Payment. Whenever premises have been disconnected from either the
water system or sewage system for the nonpayment of sewer service charges, such
premises shall not be reconnected to either the water system or the sewer system
until such charges have been paid together with charges for disconnection and
reconnection.
(d) Public Nuisance. Discharge of waste in violation of this
article or of any order issued by the engineer is hereby declared a public
nuisance and shall be corrected or abated as directed by the
engineer.
(e) Damage to Facilities. When a discharge of waste causes an
obstruction, damage, or any other impairment to city facilities, the city may
assess a charge against the user, property owner, or person violating this
article, for the work required to clean or repair the facility and add such
charge to the user's sewer service charge.
(f) Correction of Violations;
Collection of Costs Injunction. In order to enforce the provisions of this
article, the city may correct any violation hereof. The cost of such correction,
including attorney's fees, may be added to any sewer service charge payable by
the person violating the article of the property upon which the violation
occurred, and the city shall have such remedies for the collection of such costs
as it has for the collection of sewer service charges. The city may also
petition the Superior Court for the issuance of a preliminary or permanent
injunction or both, as may be appropriate, restraining any person from the
continued violation of this article.
(g) Civil Liabilities and Penalties.
Any person who intentionally or negligently violates any provision of this
article, requirements, or conditions set forth in permits duly issued, or who
discharges waste which causes pollution, or exceeds effluent limitations,
national standards of performance, pretreatment or toxicity standards, shall be
liable civilly to liabilities imposed by the city against which the violation
occurs. Said civil liability may be in the sum of not less than one hundred
dollars nor more than ten thousand dollars for each day in which such violation
occurs or continues. The city may petition the Superior Court to enforce and
recover such sums. In determining such amount, the city shall take into
consideration all relevant circumstances, including but not limited to the
extent of harm caused by the violation, the nature and persistence of the
violation, the length of time over which the violation occurs, corrective
action, if any, and fines and penalties imposed on city by other
agencies.
(h) Falsifying of Information. No person shall knowingly make any
false statement, representation, record, report, plan or other document filed
with, or to be filed with or taken by the city. (Ord. No. 1031, § 1.)
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