CHAPTER 2
SEWERS
ARTICLE 11. ENFORCEMENT
SECTION:
§3710.5 Public Nuisance Abatement
§3710.6 Means Of Enforcement Only
§3710.7 Liability For Violation
§3710.1 MISDEMEANOR
A violation of this ordinance is a misdemeanor, punishable by a fine of not to exceed one thousand dollars ($1,000.00), imprisonment not to exceed thirty (30) days, or both. Each and every connection or occupancy in violation of the ordinances, rules and regulations of the City shall be deemed a separate violation and each and every day or part of a day a violation of the ordinance, rule or regulation continues shall be deemed a separate offense hereunder and shall be punishable as such. (Ord. 845, §4, adopted 1985)
§3710.2 VIOLATIONS
Any person found to be violating any provision of this or any other ordinance, rule or regulation of the City regulating its sewer system shall be given written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Said time limit shall be not less than twenty four (24) hours nor more than ten (10) working days. The offender shall, within the period of time stated in such notice, permanently cease all violations. All persons shall be held strictly responsible for any and all acts of agents or employees done under the provisions of this or other ordinance, rule or regulation of the city. Upon being notified by the director of public works of any defect arising in any sewer or of any violation of this ordinance, the person or persons having charge of said work shall immediately correct the same violations not corrected within the time stated in such notice shall be cause for the director of public works to institute whatever enforcement means or combination therefor he deems proper, as provided in this Article. (Ord. 845, §4, adopted 1985)
§3710.3 PUBLIC NUISANCE
Continued habitation of any building or continued operation of any industrial facility in violation of the provisions of this or any other ordinance, rule or regulation of the city is hereby declared to be a public nuisance. The city may cause proceedings to be brought for the abatement of the occupancy of the building during the period of such violation. (Ord. 845, §4, adopted 1985)
§3710.4 DISCONNECTION
For violation of section 3705.9 of this chapter an immediate disconnection may be made. As a further method of enforcing the provisions of this or any other ordinance, rule or regulation of the city, the director of public works shall have the power to disconnect the user or subdivision sewer system from the sewer mains of the city. Upon disconnection the director of public works shall estimate the cost of disconnection from and reconnection to the system, and such user shall deposit the cost, as estimated, of disconnection and reconnection before such user is reconnected to the system. The city shall refund any part of the deposit remaining after payment of all costs of disconnection and reconnection. (Ord. 845, §4, adopted 1985)
§3710.5 PUBLIC NUISANCE ABATEMENT
During the period of such disconnection, habitation of such premises by human beings shall constitute a public nuisance, whereupon the city shall cause proceedings to be brought for the abatement of the occupancy of said premises by human beings during the period of such disconnection. In such event, and as a condition of reconnection, there is to be paid to the city, reasonable attorney fees and costs arising in said action. (Ord. 845, §4, adopted 1985)
§3710.6 MEANS OF ENFORCEMENT ONLY
The city hereby declares that the foregoing procedures are established as a means of enforcement of the terms and conditions of its ordinances, rules and regulations, and not as a penalty. (Ord. 845, §4, adopted 1985)
§3710.7 LIABILITY FOR VIOLATION
Any person violating any provision of this ordinance or regulations adopted pursuant hereto shall hold the city harmless from and defend the city against the liability, claim, loss or damage occasioned by the city by reason of such violation. (Ord. 845, §4, adopted 1985)