§ 30-251. Municipal civil infractions.

(a)

Violation; municipal civil infraction. Except as provided by section 30-252 of this division, a person who violates any provision of this article (including, but not limited to, any notice, order, permit, decision or determination promulgated, issued or made by the director of wastewater under this article), is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $1,000.00 per day for each infraction and not more than $10,000.00 per day for each infraction, plus costs and other sanctions.

(b)

Repeat offenses; increased fines. Increased fines may be imposed for repeat offenses. As used in this section, "repeat offense" means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision of this article (i) committed by a person within any 90-day period and (ii) for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this article shall be as follows:

(1)

The fine for any offense that is a first repeat offense shall be not less than $2,500.00, plus costs.

(2)

The fine for any offense that is a second repeat offense or any subsequent repeat offense shall be not less than $5,000.00, plus costs.

(c)

Amount of fines.

(1)

Municipal civil infraction citations. Subject to the minimum fine amounts specified in subsections (a) and (b) of this section, the following factors shall be considered by the court in determining the amount of a municipal civil infraction fine following the issuance of a municipal civil infraction citation for a violation of this article: the type, nature, severity, frequency duration, preventability, potential and actual effect, and economic benefit to the violator (such as delayed or avoided costs or competitive advantage) of a violation; the violator's recalcitrance or efforts to comply; the economic impacts of the fine on the violator; and such other matters as justice may require. A violator shall bear the burden of demonstrating the presence and degree of any mitigating factors to be considered in determining the amount of a fine. However, mitigating factors shall not be considered unless it is determined that the violator has made all good faith efforts to correct and terminate all violations.

(2)

Municipal civil infraction notices; schedule of fines. The amount of a municipal civil infraction fine due in response to the issuance of a municipal civil infraction notice for a violation under subsection (a) of this section shall be according to the following schedule:

First offense:	$1000.00
First repeat offense:	$2500.00
Second repeat offense (or any subsequent repeat offense):	$5000.00

 

A copy of this schedule shall be posted in the township municipal ordinance violations bureau.

(d)

Authorized township official. The director of wastewater (and any representative designated by the director of wastewater) is hereby designated as the authorized township official to issue municipal civil infraction citations and municipal civil infraction violation notices for violations of this article.

(Ord. No. 133, § 12(12.1), 8-21-2012)