13.45.020 Remedies for violations.
A. In addition to any criminal fine which may be imposed for violation of any provision of this division, any person shall be liable for all charges which may be assessed by the city on any user of the city wastewater system who discharges wastes containing impermissible quantities of prohibited substances into the city wastewater system. The director may assess charges based on the costs incurred by the city in surveillance, sampling and testing of the discharges, for additional operating and maintenance expenses, or for any other action required to identify, handle, process or supplement normal activities due to the unauthorized discharge of wastes, plus overhead charges.
B. The director may discontinue wastewater collection or treatment service to premises for any of the following reasons:
1. Failure to pay a charge assessed by the director for unauthorized discharges.
2. Failure to correct an unauthorized discharge as required by the director.
3. Discharging any unauthorized substances, materials, water or waste as prohibited by federal, state or local regulation.
4. To prevent fraud or abuse.
5. In response to disregard of city rules pertaining to water or sewer service.
6. For emergency repair.
7. In response to local emergency requiring emergency measures.
C.
1. Before disconnecting the property from the city wastewater system, the city shall provide written notice, by certified, return receipt requested mail, to the violator of the pending disconnection, and the city shall follow the procedure set forth in SCC 13.15.080 for setting a hearing.
2. However, if the discharge is a threat to the public health, safety or welfare, or poses an immediate and significant potential for environmental harm, the city may initiate an enforcement action without giving notice.
D. Upon notice of the final determination by the director of an assessment or order to correct an unauthorized discharge, the responsible party shall tender the amount assessed within 10 days of the date ordered and discontinue the unauthorized discharge as ordered by the director. In the event the unauthorized discharge is not corrected or the assessment is not tendered, continued operation resulting in a discharge is unlawful, and the discharge will be a public nuisance which may be abated by order of a court of competent jurisdiction. This remedy shall be in addition to any other remedy.
E. Any charges imposed by this chapter, if not paid by the due date, may also be collected by a civil suit, instituted in the name of the city by the city attorney at the request of the city at any time after the charge becomes delinquent, not withstanding any other provisions to the contrary.
F. In addition to any late charges specified in this chapter, the city may recover all costs of litigation and collection including a reasonable attorney’s fee.
G. The city may assign late charges to a bona fide collection agency for collection.
H. The remedies provided by this section shall be cumulative and supplemental to other remedies provided by provisions of this division.
I. In the event that sewer services are terminated, a charge of $500.00 shall be paid, together with any other charges which are due and owing to the city under any city ordinance, prior to the re-establishment of sewer service. [Code 2006 § 13-12-1. Ord. 2009-04, 4-14-2009; Ord. 2014-06 § 1, 5-27-2014; Res. 2014-10 Exh. A, 5-27-2014].