§ 13-708. Penalty and insurance.

(1)

Liability for violations. Any person who is found to have violated an order of the hearing authority or who fails to comply with any provision of this chapter and the orders, rules, and regulations issued hereunder shall be penalized under the general penalty clause for this code for each offense. In addition to the penalties provided herein, the city may recover all damages or costs resulting from the violation and may recover reasonable attorney's fees, court costs, court reporters' fees, and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, and regulations issued hereunder. The protection of public sanitary sewers and public waters is hereby deemed to be of such importance to the public health and welfare that scienter, negligence, or intent shall not be considered an element of this offense and lack of scienter, negligence, or intent shall not be a defense. This provision shall in no way be construed to waive any common law or statutory cause of action for damages. The city shall have the right to terminate water and sewer service to those industrial users who habitually violate any portion of the sewer use ordinance.

(2)

Alarms and insurance. In any case in which the city determines deleterious wastes pose a threat to the public or to the wastewater system set forth in subsection 13-702(2), he may require the person responsible for the discharge of deleterious wastes to provide a detection and warning system to be approved by the city and to provide an insurance policy or bond in whatever amount deemed necessary that names the city as insured or bond recipient.

(3)

Amount of insurance. This insurance shall protect the city from damage to the wastewater system caused by abnormal and/or deleterious wastes and from judgments against the city from suits of personal injury and/or property damage caused by the abnormal and/or deleterious wastes.

(4)

Distribution of damage liability. Such insurance policies shall provide that where two (2) or more users of the wastewater system discharge deleterious wastes that are found to have caused or contributed to damage to the sewers and/or resulted in suits against the city, the insurer shall not require proof of the extent of damages caused by each user but shall cover the full extent of any loss, provided the city does not recover from any combination of insurers more than the full amount of the loss resulting from suits and/or damage to sewers.

( Ord. No. 41-2016-17 , § 1, 1-5-17)