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A. The director or designee shall enforce violations of this code, as provided for in Chapter 11.20 BMC. The violation or failure to comply with any of the provisions of this chapter is unlawful.

B. The remedies provided in this section, whether civil or criminal, shall be cumulative and shall be in addition to any other remedy provided by law.

C. Any violations of the UPC, or installation of any grease waste pretreatment device without a permit, shall be enforced by the building official through BMC Title 20.

D. Authority. The director or designee is authorized to gain lawful access to private property, either with the consent of the occupant or owner or pursuant to a lawfully issued warrant at reasonable times or during an emergency at any time, to make such inspections, and to take such actions as may be required to enforce the provisions of this chapter.

E. If an obstruction of the sanitary sewer system occurs that causes a sanitary sewer backup and/or overflow and such overflow is attributed in part or in whole to an accumulation of FOG in the sanitary sewer main line, the city will take appropriate enforcement actions against the user or contributor of such FOG. These actions may include a civil action for recovery of all costs associated with clean-up activities and repair of any damaged facilities.

F. Penalties for Violations.

1. Persons Subject to Penalty. Any person who violates or fails to comply with the requirements of this chapter or who fails to conform to the terms of an approval or order issued by the director shall be subject to the civil and criminal penalties provided in Chapter 11.20 BMC. Each day of continued violation constitutes a separate violation for purposes of penalty.

2. Reinspection Fees. In addition to any applicable civil or criminal penalties, the director may impose a reinspection fee for any account or facility found in violation of this chapter. The reinspection fee shall be independent of any current or future penalties that may be incurred by the property owner for noncompliance with this chapter. (Ord. 2261 § 8, 2018).