A. The remedies specified in this chapter are cumulative, and the City Manager, or the City Attorney, may proceed under these or any other remedies authorized by law. In addition to any other authorized remedies, a person who violates any provision of this chapter shall be guilty of a Class 1 misdemeanor. Each day of violation shall be a separate offense.

B. A person having control over an activity or any real property, or who causes, authorizes, facilitates, aids or assists any violation of any provision of this chapter, or who fails to abate any nuisance or prohibited practice for which the person is responsible, is guilty of a Class 1 misdemeanor.

C. The City Manager may issue a notice of violation, compliance order, or other compliance and enforcement documentation to any person who has violated or is in violation of this chapter. Failure to perform any act required in the notice of violation, compliance order, or other compliance and enforcement documentation shall be a separate violation for each day the violation continues beyond the date of the notice of violation compliance order, or other compliance and enforcement documentation.

D. The City Manager may enter into consent orders, assurances of voluntary compliance, negotiated settlement agreements or other similar documents establishing an agreement with any person responsible for noncompliance. These documents have the same force and effect as any other orders issued under this article and may be enforced by a court of competent jurisdiction.

E. The transfer of ownership, possession, or control of real property to another person does not relieve the transferor of responsibility for violations of this chapter, as provided in subsection B of this section, which occurred before the transfer unless the transferee accepts responsibility in writing for the violations.

F. A person who violates this chapter is subject to a civil sanction of not more than $2,500.00 for each violation. Each day of each violation shall constitute a separate violation. The City Manager may request the City Attorney commence an action in a court of competent jurisdiction to recover the civil penalties.

G. The owner of record of the property upon which a violation of this chapter occurs is presumed to be a person having lawful control over an activity or real property, unless the owner establishes that another person has knowingly and in good faith accepted responsibility for the activity or property at issue. If more than one person is identified as the owner of record, those persons are jointly and severally in lawful possession and control of the activity or land.

H. Any person causing or contributing to a violation of this chapter or a permit issued pursuant to this chapter shall notify the City immediately upon learning of the events that resulted in the violation. Within five days of submitting this notification, the person shall submit to the City a detailed written statement describing the cause of the violation and the measures being taken to prevent reoccurrence. Neither the submission to the City of the original notification nor the detailed written statement relieves the person of liability for any expense, loss or damage to the public storm drain system, or for any fines imposed on or by the City for a violation of this chapter or a NPDES/AZPDES permit. (Ord. No. G-3589, § 1; Ord. No. G-5707, 2012; Ord. No. G-7116, § 3, 2023)