Chapter 13.85
VIOLATIONS OF THIS TITLE
Sections:
13.85.010 Liability to Utility Authority.
13.85.020 Notice of violation.
13.85.030 Costs of correction.
13.85.050 Notice of Failure to Connect.
13.85.010 Liability to Utility Authority.
Any person who shall violate any provision of this title shall be liable to the Utility for any expense, loss, damage, cost of inspection or cost of correction incurred by the Utility by reason of such violation, including any expenses incurred by the Utility in collecting from such person of such loss, damage, expense, cost of inspection or cost of correction. [Ord. 76 § 17.01, 12-6-2004 (Res. 2004-467)].
13.85.020 Notice of violation.
Any person found to be violating any provision of this title shall be served by the Utility with or mailed written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations and make all necessary corrections. [Ord. 76 § 17.02, 12-6-2004 (Res. 2004-467)].
13.85.030 Costs of correction.
The Utility shall be empowered to order the correction of any violation of this title and charge the costs of this correction, including a fee of the lesser of $100.00 and 10 percent of the actual costs of correction, to the owner of the property upon which the violation occurs.
Such order for correction shall be made by resolution of the Board; provided, that the manager may order such correction when, in his opinion, the health, safety or welfare of Reservation residents is threatened with immediate harm. The order of the manager may be appealed to the Board. The Board shall make orders for corrections by resolution of the Board. The order of the Board may be stayed by application to the court of competent jurisdiction for a stay and by the contemporaneous filing of the bond indemnifying the Board as obligee in an amount which is twice the estimated cost of the correction. [Ord. 76 § 17.03, 12-6-2004 (Res. 2004-467)].
13.85.040 Civil penalty.
Any person who continues to violate this title beyond the time limit for correction specified in the notice served pursuant to the notice provisions of this title shall be liable to a civil penalty of not less than $100.00 per day for each day after the expiration of the time limit found in the notice. This penalty shall be assessed by the court of competent jurisdiction upon the filing of a complaint by the Board, and the proceeds of the civil penalty, less the costs of the filing and other Court costs, shall be placed in the General Fund of the Utility. [Ord. 76 § 17.04, 12-6-2004 (Res. 2004-467)].
13.85.050 Notice of Failure to Connect.
The service of a Notice of Failure to Connect upon the owner of property required to connect their sewer or water facilities under this title shall be deemed a notice of violation of this title under TTC 13.85.020. [Ord. 76 § 17.05, 12-6-2004 (Res. 2004-467)].