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A. Civil Penalty. Failure to take action to correct identified defects as required in these rules shall be deemed to be a public nuisance and a violation of city ordinances for such nuisances. For any failure to correct defects in a privately owned or maintained building sewer the schedule of civil penalties shall be as provided in this subsection. Penalties shall be assessed beginning at the end of a 90 calendar day grace period following mailing or posting a notice of defect to the property owner. The civil penalty schedule shall be $50.00 per month, subject to any extensions or suspensions that the city may approve pursuant to these rules.

1. Suspension of penalty collection. If the property owner requests it, the city may suspend collection of penalties for up to 10 months to allow the property owner additional time to make the required repair. Penalties will continue to accrue during the suspension period. If corrective action has not been taken within the 10 month suspension period, all accrued penalties shall become due and payable on the first day of the first month following the suspension period and monthly thereafter. The suspension of penalty period will not be available to property owners with direct connection defects only.

B. Other Remedies. Any civil penalty imposed under these rules shall be in addition to the collection of the regular sewer service fee or charge and any other fines, penalties, damages, or legal remedies available to the city. (Ord. 4987, 2015).