§ 97.99. Penalty.

A.

Criminal.

1.

Any person convicted of violating any of the provisions of §§ 97.01 through 97.13 of this code is guilty of a misdemeanor of the first degree.

2.

Any person convicted of violating any of the provisions of §§ 97.35 through 97.39 of this code is guilty of a misdemeanor of the third degree.

3.

Each day of such violation shall constitute a separate offense.

4.

All persons owning, operating, or in charge or control of any equipment who permit any violation of this code shall be individually and collectively liable for any penalties imposed by this code.

5.

The City may, in addition to prosecutions, initiate other legal or equitable action for the abatement of pollution.

B.

Civil.

1.

The Administrator shall have the right to assess civil penalties for noncompliance, calculated according to the guidelines under comparable State and Federal law.

2.

The Administrator shall consider the following criteria in assessing civil penalties:

a.

The economic benefit to the violator in deferring remedial action;

b.

The degree of environmental harm from the violation;

c.

The recidivism of the violator;

d.

Good faith efforts on behalf of the violator to take appropriate remedial action;

e.

The duration of the violation after written notice from the agency.

C.

Private Actions. The imposition of any penalty or any restriction in this chapter shall not abridge or otherwise impair the right of any person to maintain an action or take legal action to obtain relief for injuries to persons or property caused by a violation.

(Ord. 367-2004; Ord. 78-1994)