Indio Municipal Code Ch. 55 Storm Water Management and Discharge Control

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

This chapter shall be known as the City of Indio Storm Water Management and Discharge Control Ordinance and may be so cited.

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

(A) The purpose of this chapter is ensure the future health, safety, and general welfare of Indio citizens by:

(1) Regulating non-storm water discharges to the municipal storm drain;

(2) Controlling the discharge to municipal storm drains from spills, dumping or disposal of materials other than storm water; and

(3) Reducing pollutants in storm water discharged to the maximum extent practicable.

(B) The intent of this chapter is to protect and enhance the water quality of city watercourses, water bodies, ground water and wetlands in a manner pursuant to and consistent with the Federal Clean Water Act and the Porter-Cologne Water Quality Control Act.

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

The terms as used in this chapter shall have the following meanings:

BEST MANAGEMENT PRACTICE (BMP)

Schedules of activities, prohibitions of practices, general good housekeeping practices, maintenance procedures, educational programs, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to waters of the United States. "BMPs" also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw materials storage. The California Storm Water Best Management Practice Handbooks for Municipal, Industrial/Commercial and Construction Activity provide a detailed discussion of BMPs which may be consulted in interpreting this chapter.

CITY

The City of Indio.

DIRECTOR OF PUBLIC WORKS OR DESIGNEE

The Director of Public Works of the city and/or any individual or body authorized by the Director of Public Works to enforce this chapter.

ILLICIT CONNECTION

Any physical connection to a storm drain system which has not been permitted by the City of Indio, the Riverside County Flood Control and Water Conservation District, or other appropriate public agency.

ILLICIT DISCHARGE

Any discharge to the storm drain system that is not composed entirely of storm water runoff except discharges made pursuant to a National Pollutant Discharge Elimination System (NPDES) permit (other than the NPDES permit for discharge from the municipal separate storm sewer) or as otherwise authorized by the Colorado River Basin Regional Water Quality Control Board, State Water Resources Control Board, and/or United States Environmental Protection Agency or City of Indio.

MUNICIPAL NPDES PERMIT

An area-wide NPDES permit issued to a government agency or agencies for the discharge of storm water from a storm water system.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT (NPDES PERMIT)

A storm water discharge permit used by the Colorado River Basin Regional Water Quality control board or the State Water Resources Control Board (State agencies) in compliance with the Federal Clean Water Act.

NON-STORM WATER DISCHARGE

Any discharge to the storm drain system that is not entirely composed of storm water.

PERSON

Any natural person, firm, association, club, organization, corporation, partnership, business trust, company or other entity which is recognized by law as the subject of rights or duties.

POLLUTANT

Anything which causes the deterioration of water quality such that it impairs subsequent and/or competing uses of the water. "Pollutants" may include but are not limited to paints, oil and other automotive fluids, soil, rubbish, trash, garbage, debris, refuse, waste, fecal coliform, fecal streptococcus, enterococcus, heavy metals, hazardous waste, chemicals, fresh concrete, yard waste from commercial landscaping operations, animal waste, materials that result from the process of constructing a building or structure, nauseous or offensive matter of any kind.

PREMISES

Any building, lot, parcel of land, land or portion of land whether improved or unimproved.

STORM DRAIN SYSTEM

Any facility by which storm water may be conveyed to waters of the United States. The "storm drain system" includes but is not limited to any road with drainage systems, streets, curbs, gutters, catch basins, natural and artificial channels, ditches, aqueducts, storm drains, inlets, conduit or other drainage structure.

STORM WATER POLLUTION PREVENTION PLAN (SWPPP)

A site specific plan outlining Best Management Practices to protect the site from run-off during construction.

STORM WATER RUNOFF

Surface runoff and drainage associated with rain storm events and snow melt.

WATER QUALITY MANAGEMENT PLAN (WQMP)

A project specific post construction Best Management Practice (BMP’s) for the site. It must address the management of Urban Runoff quantity and quality to help protect receiving waters.

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

This chapter shall be administered for the city by the Director of Public Works for the City of Indio.

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and any existing or future municipal NPDES Permits and any amendments, revisions or reissuance.

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

If any provision, clause, sentence, or paragraph of this subchapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this subchapter which can be given without the invalid provision or application, and to this end, the provisions of this subchapter are declared to be severable.

Subchapter 2. Discharge Regulations and Requirements

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

(A) The discharge of pollutants to the storm drain system is a violation of this chapter except as specified below. All discharges other than storm water discharges must be in compliance with a National Pollution Discharge Elimination System Permit issued for that particular discharge or discharges and/or in compliance with city municipal codes should city code be more stringent.

(B) Discharges from the following activities are not in violation when properly managed: Water line flushing and other discharges from potable water sources, diverted stream flows, rising ground waters, uncontaminated ground water infiltration (as defined in 40 CFR 35.2005(2)) to separate storm sewers, infiltration to separate storm drains, uncontaminated pumped ground water, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washing, flows from riparian habitats and wetlands, or discharge flows from fire fighting activities.

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

(A) Any discharge that would result in or contribute to a violation of a Municipal National Pollution Discharge Elimination Permit(s) as amended or revised, either separately or when combined with other discharges is prohibited.

(B) The person or persons causing or responsible for the discharge shall be liable for such discharge and shall defend, indemnify and hold harmless the city in any administrative or judicial enforcement action relating to such discharge.

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

It is a violation of this chapter to establish, use, maintain, or continue illicit drainage connections to the city storm drain system, or to commence or continue any illicit discharges to the city drain system. This prohibition against illicit connections is expressly retroactive and applies to connections made in the past, regardless of whether permissible under the law or practices applicable or prevailing at the time of the connection.

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

It is a violation of this chapter to throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, abandoned vehicle or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private plot of land in the city. The only exception being where such pollutant is being temporarily placed in an appropriate container with a spill containment system for later collection and removal. It is a violation of this chapter to cause or permit any dumpster, solid waste bin, or similar container to leak such that any pollutant is discharged into any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private plot of land in the city.

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

No person shall store objects in unsealed containers, including but not limited to motor vehicle or machine parts which may contain grease, oil or other hazardous substances, which may leak pollutants in areas susceptible to storm water runoff. To prevent the discharge of hazardous substances from the property, the city may require the installation of a spill containment system or any other steps necessary to control such discharge. Spill containment systems may consist of a system of dikes, walls, barriers, berms, or other devices a required. No person shall operate a spill containment system such that it allows incompatible liquids to mix and thereby create a hazardous condition.

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

Any person performing construction work in the city shall comply with the provisions of this chapter and other applicable county and city ordinance for erosion and sediment control and any subsequent revisions.

(A) All persons engaged in construction activity within the city shall operate in compliance with all state and federal laws regulating or pertinent to storm water management and runoff including operating with all required permits. The Director of Public Works or designee may require that such permits be displayed at the work sites as a condition of continuing to perform the construction.

(B) No person shall commence or continue any construction activity in the city that causes the disturbance of one acre by clearing, grading, excavating, or reconstructing existing facilities involving removal and replacement without demonstrating to the Director of Public Works that such person has obtained a National Pollution Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity (Construction Storm Water Permit) from the State Water Resources Control Board. For purposes of the Construction Storm Water Permit, construction activity requiring a permit does not include:

(1) Routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility; or

(2) Emergency construction activities required to protect the public health and safety.

(C) Properties of one acre or greater in size shall be designed to retain the 100-year 24-hour duration storm on site. Refer to Chapter 162, Grading for more information.

(D) Any person engaged in a construction activity requiring a Construction Storm Water Permit shall retain at the construction site the following documents:

(1) A copy of the Notice of Intent to comply with the requirements of the General Permit for Storm Water Discharges Associated with Construction Activity;

(2) A waste discharge identification number issued by the State Water Resources Control Board; and

(3) A duly issued Storm Water Pollution Prevention Plan and Monitoring Program Plan for the construction activity requiring the construction permit.

(E) Any person engaged in construction activity requiring a Construction Storm Water Permit shall provide any of the documents described in division (D) of this section to the city upon request of the Director of Public Works or designee.

(F) Prior to the issuance of any building or grading permit for the construction of new development or redevelopment, a Water Quality Management Plan (WQMP) and Stormwater Pollution Prevention Plan (SWPPP) must be submitted and approved. The Director of Public Works or designee shall evaluate the proposed project to determine its potential to generate illicit discharges into the municipal storm drain system. Based upon this evaluation, the city may require that conditions be placed upon the issuance of the building or grading permit to minimize the risk of discharge of pollutants into the storm drain system. The imposition of conditions under this section shall be based on the standards set forth in the most recent edition of the California Storm Water Best Management Practice Handbooks (Municipal, Industrial/Commercial, and Construction volumes) and additional standards as determined by the city.

(G) Subject to all of the provisions of this chapter, the following additional requirements shall apply to persons conducting construction in the city for which a certificate of occupancy is required as well as the owners of such property. The requirements set forth below shall apply at the time of demolition of an existing structure or commencement of construction and until receipt of a certificate of occupancy.

(1) Runoff containing sediment, construction waste and other pollutants from construction sites and construction vehicles and equipment parking areas which is likely to enter the storm drain system shall be reduced to the maximum extent practicable.

(2) Where determined necessary by the Director of Public Works or designee, a temporary sediment barrier shall be installed.

(3) Between October 1 and April 1 of each year, the owner of property or any person performing improvements on such property shall use a plastic or other covering, along with additional runoff control devices if necessary to intercept and safely convey the runoff on unprotected areas to control run-off of pollutants. Provisions and Best Management Practices of the site specific Stormwater Pollution Prevention Plan (SWPPP) must be in place and the document on site for inspection.

(4) Excavated soil shall be located on the site in a manner that minimizes the amount of soil transported into the public right of way onto adjoining properties. Soil stockpiles shall be covered with plastic or other covering until the soil is either used or removed.

(5) Washing industrial or construction equipment or vehicles is not allowed on city rights of way or private roadways adjacent to a construction site. No person shall allow water from vehicles or equipment on a construction site to run-off into the city's storm drain system.

(6) Drainage controls shall be utilized as needed to prevent illicit discharge, depending on the extent of proposed grading and topography of the site, including but not limited to the following:

(a) Detention ponds, sediment ponds, or infiltration pits;

(b) Dikes, filter berms or ditches; or

(c) Downdrains, chutes or flumes.

(H) The city may, as a condition of granting a building or grading permit, set forth reasonable limits on the clearing of vegetation from construction sites, including but not limited to, regulating the length of time during which soil may be left bare.

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

To minimize the discharge and transport of pollutants, the city may require, in its discretion, a new development or redevelopment project to control the volume and rate of storm water runoff from the project so as to prevent any deterioration of water quality which would impair the subsequent or competing uses of the water. The Director of Public Works or designee may establish standards and guidelines implementing BMPs designed to control the rate and volume of storm water runoff from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants. Acceptable methods and standards for controlling storm water runoff volumes, rates, and pollutant load may include but are not limited to the following:

(A) Increase permeable areas. Avoid placing structures or fixtures with impervious surfaces in highly porous soil areas; incorporate landscaping and open space into the project design; use porous materials for or near driveways and walkways; incorporate detention ponds and infiltration pits into the project's design; avoid placing pavement and other impervious surfaces in low lying areas.

(B) Direct runoff to permeable areas. Direct storm water runoff away from impermeable areas to swales, berms, green strip filters, gravel beds, and french drains. Install rain-gutters and orient them toward permeable areas. Modify the grade of the property to divert flow to permeable areas and minimize the amount of storm water runoff leaving the property. When designing curbs, berms, or other structures, avoid designs which isolate permeable or landscaped areas.

(C) Maximize storm water storage for reuse. Use retention structures, subsurface areas, cisterns, or other structures to store storm water runoff for reuse or slow release.

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

Any industrial discharger, discharger associated with construction activity, or other discharger subject to any NPDES permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board, or the Colorado River Basin Regional Water Quality Control Board, shall comply with all requirements of such permit. This chapter shall specifically comply with the following permits: the Industrial Storm Water General Permit, the Construction Activity Storm Water General Permit, and the Dewatering General permit. Proof of compliance with said NPDES General Permits may be required in a form acceptable to the Director prior to issuance of any city grading, building, or occupancy permits.

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

Where BMP guidelines or requirements have been adopted by any federal, State of California, regional, and/or city agency, for any activity, operation, or facility which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of non-storm water to the storm water system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements as may be identified by the Director of Public Works.

Subchapter 3. Inspection and Enforcement

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

(A) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the Director of Public Works or designee has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, such official may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer by this chapter; provided that if such building or premises be occupied, he or she shall first present proper credentials and request entry; and if such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.

(B) Any such request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

(C) Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including but not limited to random sampling and/or sampling in areas with evidence of storm water contamination, illicit discharges, discharge of non-storm water to the storm water system, or similar factors.

(D) Authority to sample and establish sampling devices. With the consent of the owner or occupant or pursuant to a search warrant, the Director of Public Works or designee may establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the officer may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on-site.

(E) Notification of spills. All persons in charge of a facility or responsible for emergency response for a facility are personally responsible to train facility personnel and maintain notification procedures to assure that immediate notification is provided to the city of any suspected, confirmed or unconfirmed release of material, pollutants or waste creating a risk of discharge in to the city storm drain system. As soon as any person in charge of a facility or responsible for emergency response for a facility has such knowledge, such person shall take all necessary steps to ensure the discovery and containment and clean up of such release and shall notify the city of the occurrence by telephoning the Director of Public Works and confirming the notification by correspondence to the Director of Public Works.

(F) Requirement to test or monitor. The Director of Public Works or designee may require that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of non-storm water to the storm water system, undertake such reasonable monitoring activities and/or analyses and furnish such reports as the officer may specify. Reasonable shall mean that the analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analyses and/or reports requested at his or her sole cost and expense. In the event the owner or operator of a facility subject to a monitoring and/or analyses order fails to conduct required monitoring and/or analyses and furnish the required reports in the form required, the Director of Public Works or designee may cause such monitoring and/or analyses and the cost, therefore, including the reasonable additional administrative costs incurred by the city shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property. If the invoice is not paid within 60 days of the issuance thereof, the costs shall be a lien upon and against the property and continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within three months after the completion by the Director of Public Works or designee of the required monitoring and/or analyses and reports, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision.

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

(A) In addition to the penalties provided in § 55.99, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare, and may be declared and deemed a nuisance, and may be summarily abated and/or restored by the city pursuant to a civil action to abate, enjoin or otherwise compel the cessation of such nuisance prosecuted by the City Attorney's office. The cost of such abatement and restoration shall be borne by the owner of the property and such cost shall be invoiced to the owner. If the invoice is not paid within 60 days of issuance, a lien may be placed on the property for such amount. If the lien is not satisfied by the owner of the property within three months after the completion by the Director of Public Works or designee of the required monitoring and/or analyses and reports, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.

(B) If any violation of this chapter constitutes a seasonal and recurrent nuisance, the Director of Public Works shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.

(C) In any administrative or civil proceeding under this chapter in which the city prevails, the city shall be awarded all costs of investigation, administrative overhead, out-of-pocket expenses, costs of administrative hearings, costs of suit and reasonable attorney's fees.

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable to judicial review of city decisions pursuant to this chapter.

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

In addition to any other remedies provided in this section, this section may also be enforced by civil action brought by the city in which the city may seek any appropriate remedy as the court may grant, including, but not limited to:

(A) A temporary and/or permanent injunction.

(B) Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation and for the reasonable costs of preparing and bringing legal action under this subdivision.

(C) Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation.

(D) Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Assessments under this subsection shall be paid to the city to be used exclusively for costs associated with monitoring and establishing storm water discharge pollution control systems and/or implementing or enforcing the provisions of this chapter.

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

In addition to the other enforcement powers and remedies established by this chapter, the Director of Public Works or designee has the authority to utilize the following administrative remedies.

(A) Cease and desist orders. When the Director of Public Works or designee finds that a discharge has taken place or is likely to take place in violation of this chapter, the Director of Public Works or designee may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: comply with the requirement, comply with a time schedule for compliance, and/or take appropriate remedial or preventive action to prevent the violation from recurring.

(B) Notice to clean. Whenever the Director of Public Works or designee finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in pollutants entering a city storm sewer system or natural watercourse, or a non-storm water discharge to a city storm sewer system or natural watercourse, he or she may give notice to remove such oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.

(C) In the event the owner or operator of a facility fails to conduct the activities as described in the notice, the Director of Public Works or designee may cause such required activities as described in the notice, and the cost thereof shall be invoiced to the owner of the property. If the invoice is not paid within 60 days, a lien shall be placed upon and against the property. If the lien is not satisfied by the owner of the property within three months after the completion by the Director of Public Works or designee of the required monitoring and/or analyses and reports, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

(A) The Director of Public Works or designee shall have and are hereby vested with the authority to arrest or cite any person who violates any section of this chapter in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanor or infractions as prescribed by Chapter 5, 5c, and 5d of Title 3, Part 2 of the Penal Code (or as the same may be hereinafter amended).

(B) The Director of Public Works or designee may issue a citation and notice to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code, including Section 853.6 (or as the same may hereafter be amended). It is the intent of the City Council that the immunities prescribed in Section 836.5 of the Penal Code be applicable to public officers of employees or employees acting in the course and scope of employment pursuant to this chapter.

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

Any person, firm, corporation or organization required to perform monitoring, analyses, reporting and/or corrective activities by Director of Public Works or designee, who is aggrieved by the decision of the Director of Public Works or designee, may appeal such decision to the City Council within ten days following the effective date of the decision by writing to the City Clerk. Upon receipt of such request, the City Council shall request a report and recommendation from the Director of Public Works and shall set the matter for hearing at the earliest practical date. At said hearing, the Director may hear additional evidence, and may reject, affirm or modify the Director of Public Work’s decision. Such decision shall be final.

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific, engineering and other relevant technical considerations. The standards set forth herein are minimum standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States. This chapter shall not create liability on the part of the city, any officer or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

[Ord. 1213, 8-6-1997; Ord. 1570, 5-5-2010]

(A) It shall be unlawful for any person to violate any provision of this chapter. Any person violating any provision of this chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted.

(B) Any person so convicted shall be: guilty of an infraction offense and punished by a fine not exceeding $100 for a first violation; guilty of an infraction offense and published by a fine not exceeding $200 for a second violation. The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000 or six months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation.