§ 13.16.230. Enforcement

A. Discharge of wastewater in any manner in violation of these rules and regulations, or of any order issued by the city as authorized by their rules and regulations, is declared a public nuisance and shall be corrected as directed by the city.

B. When a discharge of wastewater causes an obstruction, damage, or any other impairment to the system, the city may assess a charge against the owner or user for work required to clean or repair the facilities and add such charge to the owner's or user's sewer service charge.

C. In order to enforce the provisions of these rules and regulations, the city may correct any violation hereof. The actual cost of such correction may be added to any sewer service charge payable by the owner or user of the property upon which the violation occurred, and the city shall have such remedies for the collection of such actual costs as it has for the collection of sewer service charges. The city may also petition the district court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate in restraining any person from the continued violation of these rules and regulations.

D. In order to effect its powers, the city may enter upon private property for the purpose of inspection and maintenance of private and public wastewater facilities and may terminate service to property where a violation of any of these rules and regulations is found to exist. Prior to termination of service, however, the city shall notify, in writing, the owner and user that it intends to terminate service and conduct a hearing thereon as herein provided. Such notice shall be mailed to the owner at the address shown on the records of the county assessor, and a copy shall be delivered to the user or posted conspicuously on the property. The notice shall state the date of proposed termination of service and the reasons therefor and the date the city shall hold a hearing upon such intended termination.

E. Users shall notify the utility immediately upon accidentally discharging wastes in violation of these rules and regulations to enable countermeasures to be taken by the utility to minimize damage to the system. This notification shall be followed, within three days of the date of occurrence, by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent such in the future. Such notification will not relieve users of liability for any expense, loss or damage to the collection system.

F. When the city finds a discharge of wastewater has taken place in violation of the prohibitions or limitations of these rules and regulations, the city may issue an order to cease and desist and direct those persons not complying with such prohibitions, limits, requirements or provisions to:

1. Comply forthwith;

2. Comply in accordance with a time schedule set forth by the city;

3. Take appropriate remedial or preventive action in the event of a potential violation.

G. When the city finds that a discharge of wastewater has been taking place in violation of prohibitions or limitations prescribed in these rules and regulations, the city may require the owner or user to submit for approval, with such modifications as it deems necessary, a detailed time schedule of specifications to prevent or correct a violation of requirements.

(Ord. 9113 § 3 (part), 1991: prior code § 15-317)