Any person who shall intentionally or knowingly break, damage,
destroy or tamper with any part of the public sewer system or any
appurtenance thereto shall be guilty of a misdemeanor and, upon conviction
thereof, may be sentenced to a term of imprisonment not to exceed
six months or to pay a fine not to exceed $1,000, or both.
The owner of any using premises who shall violate § 220-3.1A or § 220-3.6A or any other person who shall knowingly violate § 220-3.1A or § 220-3.6A shall be guilty of an offense and, upon conviction thereof, may be fined in an amount not to exceed $250. Each day during which any such violation shall occur shall be deemed a separate offense.
The owner of any using premises with respect to which a violation
of any provision of this chapter, other than the failure to pay sewer
rents, shall continue for more than 10 days after the Superintendent
has given such owner written notice thereof shall be liable to the
Village for a civil penalty in the amount of $100 for each and every
day during which such violation shall so continue, which penalty shall
be in addition to and not in lieu of any other remedy of the Village
or any other penalty which may lawfully be imposed under this article.
A.
With respect to any violation of any provision of this chapter which
shall continue for more than 20 days after the Superintendent has
given the owner of the premises written notice thereof, the Board
of Trustees may, by resolution, direct the Superintendent to remedy
such violation or to disconnect the premises from the sewer system
at public expense.
A.
Any person whose unlawful act or omission shall occasion or contribute
to any damage or injury to the sewer system or any part thereof or
any appurtenance thereto shall be liable to the Village for all sums
reasonably and necessarily expended by the Village in repairing any
such damage or injury.
B.
Any person whose unlawful act or omission shall occasion or contribute
to any increase in the expense of operating or maintaining the sewer
system, including wastewater treatment expenses, shall be liable to
the Village to the extent of any such increase.
C.
Any person whose unlawful act or omission shall occasion or contribute
to the imposition of any fine or penalty of any kind upon the Village
in connection with the operation of its sewer system or the discharge
of any treated wastewater therefrom shall be liable to the Village
for the whole amount of any such fine or penalty.
D.
Any person whose unlawful act or omission shall require the defense
by the Village of any action or proceeding at law or in equity or
which shall occasion or contribute to the payment by the Village of
damages resulting from loss of life, personal injury or property damage
in connection with the operation of the sewer system or the discharge
of treated wastewater therefrom shall be liable to the Village to
the full extent of any such damages and any and all litigation expenses
or costs of any kind or nature, including attorneys' fees, incurred
by the Village in defending any such action or proceeding.
E.
The liability of two or more persons who shall be liable to the Village pursuant to Subsection A, B, C or D of this section shall be joint and several. As to such liability to the Village, there shall be no apportionment between such persons in proportion to the degree of fault or otherwise. Nothing herein contained shall be construed to prevent the enforcement of any right of contribution between such persons, inter se, or to prevent the impleading of any additional party in any action brought by the Village.
In addition to or in lieu of any other remedy of the Village
or any other penalty which may lawfully be imposed under this article,
the Village may institute a proceeding for a mandatory or prohibitory
injunction against any person to enforce compliance with any provision
of this chapter, other than for the payment of sewer rents.
Any person against whom any civil action or proceeding shall
be instituted pursuant to this article shall be liable to the Village
for any and all litigation expenses or costs of any kind or nature,
including attorneys' fees, incurred by the Village in prosecuting
such action or proceeding, provided that such action or proceeding
shall result in a judgment favorable to the Village, and provided
that such judgment shall not be set aside on appeal.
