In lieu of the administration enforcement action taken by the Inspector
and/or to enforce an administrative order, the sewer district attorney,
upon approval by the Town Board, may commence a civil action against
a user who violates any of the provisions of or who fails to perform
any duty imposed by this chapter, or any administrative order or determination
of the Inspector issued under this chapter, or the terms of any permit
issued hereunder. In such action, such person shall be liable to the
Town for a civil penalty not to exceed $1,000 for each such violation,
to be assessed after a hearing. Each violation shall be separate and
distinct, and in the case of a continuing violation, each day's
continuance thereof shall be deemed a separate and distinct violation.
Such penalty may be recovered in an action brought by the sewer district
attorney, in any court of competent jurisdiction giving preference
to courts local to the Town. In addition to the above-described penalty,
the sewer district may recover all damages incurred by the sewer district
from any persons or users who violate any provisions of this chapter,
or who fail to perform any duties imposed by this chapter or any administrative
order or determination of the Inspector issued under this chapter,
or the terms of any permit issued hereunder. In addition to the above
described damages, the sewer district may recover all reasonable attorney's
fees incurred by the sewer district in enforcing the provisions of
this article, including reasonable attorney's fees incurred in
any action to recover penalties and damages, and the sewer district
may also recover court costs, and other expenses associated with the
enforcement activities, including sampling and monitoring expenses.