§ 16-7-6 Enforcement.
(A) The remedies specified herein are cumulative and the authorized enforcement official may proceed under these or any other remedies authorized by law. In addition to any other authorized remedies, any person who violates any provisions of this chapter shall be guilty of a misdemeanor. Each day of violation of each element of this chapter shall be a separate offense.
(B) Any owner, occupant or other person having control over an activity or any land who causes, permits, facilitates, aids or abets any violation of any provision of this chapter, or who fails to perform any duties required by this chapter, is guilty of a class one misdemeanor.
(C) The authorized enforcement official may issue a notice of violation to any person who has violated or is in violation of this chapter or an NPDES permit applicable to stormwater. Failure to perform any act required in the notice of violation shall be a separate violation for each day beyond the tenth calendar day following the issuance of the notice of violation.
(D) Any person who transfers ownership, occupancy or control of any activity or land that is in violation of this chapter shall continue to be responsible for any fines or penalties that could be imposed for violations that originate prior to transfer and which continue after transfer unless the transferee accepts responsibility for any violations that continue after the transfer.
(E) A person who violates this chapter is subject to a civil action in any court of competent jurisdiction to collect a civil sanction of not less than $50 nor more than $2,500 for each violation. Each day of each violation shall constitute a separate civil offense.
(F) The owner of record of the property upon which a violation of this chapter occurs shall be presumed to be a person having lawful control over an activity or parcel of land. If more than one person is identified as the owner of record, such person shall be presumed to be jointly and severally in lawful possession and control of the activity or land. (Prior Code, § 16-7-6) (Ord. 94-497, passed 5-10-1994)