Ontario Municipal Code Art. 7 Judicial Enforcement Remedies

(a) The City Attorney may commence an action for appropriate legal, equitable or injunctive relief in the Municipal or Superior Court of the County against any person who has violated or continues to violate any provision of this chapter, the Basin Plan, Federal or State discharge standards or permit conditions, or who violates the requirements of any Administrative Order.

(b) In addition to the penalties provided in this chapter, the City Engineer may recover all reasonable attorney fees, court costs, court reporter's fees, expenses of litigation by appropriate suit of law against the person(s) found to have violated any provision of this chapter or the orders, rules, regulations and permits issued thereunder and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City of Ontario.

(§ 2, Ord. 2755, eff. April 4, 2002)

(a) Persons who continue to violate any provision of this chapter shall be liable to the City for a maximum civil penalty of Twenty-Five Thousand Dollars ($25,000) but not less than Three Thousand Dollars ($3,000) per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

(b) In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the discharger's violation, corrective actions by the discharger, the compliance history of the discharger, and any factor as justice requires.

(c) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for taking any other action against a discharger. The City may institute further legal action to collect such penalties in the event that the violator of this chapter fails or refuses to pay said penalty within thirty (30) days from the date that it has been assessed.

(§ 2, Ord. 2755, eff. April 4, 2002)

(a) Any person who willfully or negligently violates any provision of this chapter or permit conditions, or who violates any Administrative Order or any other provision of this chapter is guilty of a misdemeanor, which, upon conviction, is punishable by a fine of not less than Three Thousand Dollars ($3,000) and/or by imprisonment for a period of not more than six (6) months. Each such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provisions of this chapter is committed, continued or permitted by such discharger, and shall be punishable therefore as provided by this section.

(b) Any person who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, stormwater permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be punished by a fine of not less than Three Thousand Dollars ($3,000) per day of violation or by imprisonment or by both.

(§ 2, Ord. 2755, eff. April 4, 2002)

Any person who knowingly makes any false statement, representation, record, report, plan or other document filed with the City, or who falsifies, tampers with or knowingly renders inaccurate monitoring devices or methods required under this chapter, shall have violated this chapter and shall be guilty of a misdemeanor.

(§ 2, Ord. 2755, eff. April 4, 2002)