§ 1131.89. Administrative fines.

The Director may assess, on a strict liability basis, except where this chapter expressly provides for an affirmative defense, administrative fines not to exceed one thousand dollars ($1,000.00) per violation against any person who violates any provision of this chapter, or regulation, permit, license, or other promulgation pursuant to this chapter. Each day, or portion thereof, when a violation occurs, shall be considered a separate violation.

In determining the amount of an administrative fine, the Director shall consider the magnitude and severity of the violation, history of past violations or compliance, economic advantage accrued by the violator due to the violation or noncompliance, and affirmative actions taken by the violator to comply with the provisions of this chapter and regulations, permit, license, or other promulgations pursuant to this chapter. The Director may promulgate regulations establishing minimum administrative fines for violation of specific sections of this chapter, or regulations promulgated pursuant to this chapter.

Any administrative fines assessed by the Director against a person may be added to the person's sewer service charge, and the Director shall have such collection remedies as provided to collect other service charges.

Any person assessed an administrative fine pursuant to this section may appeal the action of the Director as provided for in Chapter 1145, Section 1145.82.

(Ord. 1341-2006 § 1 (part).)