Ord 2006-038 - Laserfiche WebLink

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I citations to violators, filing complaints in the municipal court, and filing civil enforcement actions. Section 86.067. Registered water user presumed. For purposes of this division, in any case where water has been used on a property in violation of this division, it shall be presumed that the person in whose name a water meter connection is registered with the city for the property has intentionally, knowingly, recklessly, or negligently caused or allowed the violation to occur. Proof that the particular premises had a water meter connection registered in the name of the defendant cited in a criminal or civil complaint filed under this division shall constitute prima facie evidence that the defendant caused or allowed the violation to occur. Section 86.068. Additional enforcement remedies. (a) The director is authorized and instructed to commence any action, in law or in equity, including the filing of criminal charges, necessary to enforce this division. (b) The director may seek civil penalties and any other legal or equitable relief available under common law, Chapter 54 of the Texas Local Government Code, or any other applicable city, state or federal code or statute necessary to enforce this division. (c) To the extent allowed by law, the municipal court shall have concurrent jurisdiction over any civil enforcement for violations of this division. I (d) Violations of this division by a customer of the city water system may result in installation of a flow control device on the customer's water line, or termination of the customer's water service. Section 86.069. Penalties (a) A person who violates any provision of this division commits a misdemeanor, and upon conviction, shall be punished by a fine in the respective amounts shown: (1) 1st offense - not less than $100.00 or more than $250.00 (2) 2nd offense - not less than $250.00 or more than $500.00. (3) 3rd offense - not less than $500.00 or more than $2,000.00. (b) Each violation of a particular provision of this division shall constitute a separate offense, and each day a violation occurs or continues shall be considered a new offense. Sec. 86.070. Liability of corporate officers for penalty. I Whenever a corporation or association violates any provision of this division or in a drought response order issued under this division, the president, vice-president, secretary, treasurer, manager or any agent or employee of the corporation or association who is responsible for the violation shall be subject to the penalty prescribed for the violation. 13