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 Columbus
 Code of Ordinances
 Chapter 27½. STORM WATER QUALITY PROTECTION

  § 27½-7. Violations and penalties.  

Latest version.

  • (a)

    The remedies specified herein are cumulative and the city mayor or his designee, or the city attorney, may proceed under these or any other remedies authorized by law. In addition to any other authorized remedies, a person who violates any provisions of this chapter shall be guilty of a misdemeanor. Each day of violation shall be a separate offense.

    (b)

    Any person having control over an activity or any real property, or who causes, authorizes, facilitates, aids or abets any violation of any provision of this chapter, or who fails to abate any nuisance or prohibited practices for which their person is responsible, is guilty of a Class One misdemeanor.

    (c)

    The mayor or his designee may issue a notice of violation to any person who has violated or is in violation of this chapter. Failure to perform any act required in the notice of violation shall be a separate violation for each day beyond the tenth calendar day following the issuance of the notice of violation.

    (d)

    The transfer of ownership, possession, or control of real property to another person does not relieve the transferor of responsibility for violations of this chapter, as provided in paragraph (b) of this section, that occurred before the transfer unless the transferee accepts responsibility for the violations.

    (e)

    A person who violates this chapter is subject to a civil action in any court of competent jurisdiction to collect a civil sanction of not less than fifty dollars ($50.00) nor more than two thousand five hundred dollars ($2,500.00) for each violation. Each day of each violation shall constitute a separate civil offense.

    (f)

    The owner of record of the property upon which a violation of this chapter occurs shall be presumed to be a person having lawful control over an activity or real property, unless it is demonstrated that another person has knowingly and in good faith accepted responsibility for the activity or property at issue. If more than one person is identified as the owner of record, such persons shall be presumed to be jointly and severally in lawful possession and control of the activity or land.

(Ord. of 10-1-96(2), § VII)