Enforcement; penalties for offenses.

A. Whenever the Town of Webster finds that a person has violated a prohibition or failed to meet a requirement of this article, the Town of Webster's Sewer Department may order compliance by written notice of violation to the responsible person.(1) Such notice may require without limitation:(a) The performance of monitoring, analyses and reporting.(b) The elimination of illicit connection or discharges.(c) That violating discharger, practices or operations shall cease and desist.(d) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property.(e) Payment of a fine to cover administrative and remediation costs.(f) The implementation of source control or treatment BMPs.(2) If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed.

Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.B. Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this article shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed 15 days, or both for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than three fine not exceeding $350 or imprisonment for a period not to exceed 15 days, or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed 15 days, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both.

However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this article shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.