§ 48-215. Enforcement.

(a)

If an FPE fails to perform any action set forth in this division, or performs an action that is prohibited by this division, the FPE will be in violation of this division.

(b)

A warning in the form of a notice of violation will be given in writing to those FPEs that are not compliant with this division. If the notice of violation is not completely remedied in accordance with the violation correction schedule listed in this section then the City of Danbury may terminate water and/or sewer service and charge a monetary penalty to the FPE.

(c)

In addition to other available means of enforcement, this division may be enforced through the civil citation process, by the Office of the Superintendent of Public Utilities, pursuant to section 2-2.

(d)

FOG inspections that result in notice of violation and or a FOG inspection that was disallowed for any reason may incur a reinspection fee.

(e)

Fees; standard and violation.

(1)

Standard fees. The food preparation establishment owner is responsible for all fees, fines, and all other remedies provided in this division, including installation, operation maintenance, cleaning, pumping, disposal, and repair of treatment systems.

a.

New FPE application fee: $150.00.

b.

Annual fee: $100.00.

(2)

Violation fees. Violators of this division will be subject to violation fees. Each day a violation continues after a notice of violation has been issued and the particular correction schedule time has passed, is considered a separate occurrence.

a.

Minor violation: $250.00.

b.

Major violation: $500.00.

(3)

The following shall be considered major violations; all other violations shall be considered minor:

a.

Failure to maintain equipment.

b.

Falsifying records.

c.

Source of sewer bypass and/or blockage.

d.

Damage to sewer collection system.

(f)

Violation correction schedule.

(1)

Reinspection fee is $50.00.

(2)

Violators of this division will be given a notice of violation and must remedy the violation as set forth by the following schedule or be subject to violation fees and other remedies available under this division.

a.

Failure to file application: Food license will not be granted and CO may not be issued.

b.

Installation violation: Food license will not be granted and CO may not be issued.

c.

Operational violation: 3 days.

d.

Failure to maintain records: 30 days.

e.

Disallow inspection: 3 days.

f.

Failure to maintain equipment: 3 days.

g.

Failure to clean equipment: 3 days.

h.

Source of sewer blockage: Immediately.

i.

Source of sewer bypass: Immediately.

(FPE may be shut down if deemed necessary by Public Utilities and Health Department.)

(3)

It is the responsibility of the FPE owner to notify the City Superintendent of Public Utilities, in writing, within five (5) days of discovering that their FPE is noncompliant with this division. FPEs that properly notify the City will not be subject to a penalty as long as the deficiency is remedied within thirty (30) days. After thirty (30) days without remedy, the FPE will be issued a notice of violation and be subject to penalties per the schedule listed in this section.

(4)

Sanitary sewer events such as but not limited to blockages, breaks, and bypasses that require a response by the City of Danbury, which are determined to be as a direct result of an FPE that is noncompliant with this division will be the responsibility of the FPE, and will be subject to violation fees and the associated cost for clean-up, remediation and enforcement will be billed to the responsible FPE. All other associated federal/state and/or local violations that may apply will also be the responsibility of the FPE owner.

(Ord. No. 40, § 16-22, 9-5-2018)