§ 28-246. Administrative fines.

(a)

When the director finds that a user has violated or continues to violate any provision of this article, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the director may serve upon that user an administrative citation and fine in an amount of two hundred fifty dollars ($250.00) per day. Such fines shall be assessed on a per violation per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.

(b)

In the event the user fails to timely pay the amounts due or to timely serve a written notice of contest to the administrative citation, a lien for unpaid fines and costs shall be recorded in the public records of Broward County. The assessed fines and costs shall bear interest at the highest lawful rate and may be foreclosed in the manner provided by law for municipal tax or special assessment liens. In any action brought by the city for payment of the liens assessed herein, the user shall be responsible for the payment of all costs of foreclosure, including, but not limited to, reasonable attorneys' fees, incurred by the city. All liens assessed hereunder following the effective date of the ordinance from which this article is derived shall remain, until discharge, liens equal in rank and dignity with the lien for ad valorem taxes and superior in rank and dignity to all other liens and encumbrances.

(c)

Any user who has been served hereunder with an administrative citation may file and serve upon the director a written notice of contest to the administrative citation and administrative fine within thirty (30) days of the date of the administrative citation. The notice of contest shall specify all defenses to the administrative citation. The director shall conduct a hearing at which formal rules of evidence shall not apply. At the conclusion of the hearing, the director shall issue an order either (1) upholding, in whole or in part, the administrative citation or assessment of fine, costs and providing reasonable time for compliance or both, or (2) dismiss, in whole or in part, such portions of the administrative citation.

(d)

Issuance of an administrative citation and administrative fine hereunder shall not be a bar against or a prerequisite for taking any other action against the user.

(e)

An appeal of an administrative order shall be by petition for writ of certiorari filed in the circuit court within the time proscribed by the court rules.

(Ord. No. C-98-61, § 3, 10-20-98)