(1) Administrative Fines. When the City Engineer finds that a discharger has violated, or continues to violate, any provision of this title or any order issued hereunder, and that said violations have caused or contributed to an actual or threatened discharge to the municipal storm water system or waters of the State which reasonably appears to present an imminent or substantial endangerment to the health or welfare of people or the environment, the City Engineer may fine such discharger. The amount of such administrative fine shall not be less than $250.00 per violation nor more than $2,500 per violation. Each day upon which a violation occurs or continues shall constitute a separate violation.

(2) Recovery of Costs Incurred by the City. Any person violating any of the provisions of this title who discharges or causes a discharge producing an obstruction or causes damage to or impairs the City’s storm water system shall be liable to the City for any expense, loss, or damage caused by such violation or discharge. The City may require the discharger to pay for the costs incurred by the City for any cleaning, repair, or replacement work caused by the violation or discharge and for costs incurred by the City in investigating the violation and in enforcing this title against the user, including reasonable administrative costs, fees for testing, attorney fees, court costs, and all expenses of litigation. Refusal to pay the ordered costs shall constitute a violation of this title. The user shall also reimburse the City for any and all fines or penalties levied against the City as a result of a discharge by the user.

(3) Criminal Penalties. It shall be a misdemeanor punishable under the general penalty provisions of Chapter 1.20 MMC for any person to violate any provision or fail to comply with any of the requirements of this title. The maximum fine or penalty imposed by the municipal court shall be no less than $250.00 for each violation and no part of the fine shall be suspended. Each day upon which a violation occurs or continues shall constitute a separate violation. The City may commence an action for appropriate legal and/or equitable relief in the appropriate local court to enforce the penalty or remedy imposed by the City hereunder.

(4) Compensatory Action. In lieu of enforcement proceedings, penalties, and remedies authorized by this title, the City Engineer and alleged violator may agree upon alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. (Ord. 166, passed 12-10-2019)