A. Any
violation of this chapter, or the orders, rules, regulations and permits
issued under this chapter, is unlawful and shall be an infraction
or misdemeanor as determined by the city attorney.
B. Any
user, discharger and/or permittee in violation of this chapter, or
the orders, rules, regulations and permits issued under this chapter,
may be ordered by the director to cease and desist operations until
the violation is cured. Continuance of operations after notice to
cease and desist has been furnished to the user and/or permittee shall
be unlawful and an infraction or misdemeanor as determined by the
city attorney. Each day in which any such violation shall continue
shall be deemed a separate offense.
C. The
violation of any of the provisions of this chapter, or the orders,
rules, regulations and permits issued under this chapter, or the doing
of any act prohibited or the failure or omission to do any act required
by this chapter, or the orders, rules, and regulations and permits
issued under this chapter, is a public nuisance and may be enjoined
by the city attorney.
D. If
any violation of this chapter, or the orders, rules, regulations and
permits issued under this chapter, causes damage to the POTW, the
director may seek to recover civil damages from the user causing such
damage.
E. The
director is authorized to levy against any person administrative fines
of up to $10,000.00 per day for each violation of the rules, regulations,
and permits issued under this chapter. The notice shall provide information
as to the reason for the administrative fine and the authority and
the notice shall also specify the person's right to appeal.
1. The
director shall provide written notice of such levy to the person by
certified mail. The user, discharger and/or permittee has the right
to appeal the administrative action to the Roseville public utilities
commission by filing an appeal with the city clerk.
2. The
appeal shall be submitted within 20 days of receipt of the notice
and shall be accompanied by a nonrefundable fee as established by
resolution adopted by the city council, as amended from time to time.
3. The
user, discharger and/or permittee has the right to appeal the decision
of the Roseville public utilities commission to the city council.
The appeal shall be submitted to the city clerk within 20 days of
the decision of the Roseville public utilities commission and shall
be accompanied by a nonrefundable fee as established by resolution
adopted by the city council, as amended from time to time.
F. The
remedies and provisions of this section are cumulative, and are in
addition to any other remedy or provision of law.
(Ord. 4683 § 1, 2008.; Ord. 5800 § 41, 2017)