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Ord 2015-015/Conservation/Drought Ordinance amendment
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Ord 2015-015/Conservation/Drought Ordinance amendment
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Last modified
4/27/2015 4:22:30 PM
Creation date
4/27/2015 4:17:18 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Amending
Number
2015-15
Date
4/21/2015
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Section 86.068. Additional enforcement remedies. <br />(a) The director is authorized and instructed to commence any action, in law <br />or in equity, including the filing of criminal charges, necessary to enforce this division. <br />(b) The director may seek civil penalties and any other legal or equitable relief <br />available under common law, Chapter 54 of the Texas Local Government Code, or any <br />other applicable city, state or federal code or statute necessary to enforce this division. <br />(c) To the extent allowed by law, the municipal court shall have concurrent <br />jurisdiction over any civil enforcement for violations of this division. <br />(d) Violations of this division by a customer of the city water system may <br />result in installation of a flow control device on the customer's water line, or termination <br />of the customer's water service. <br />Section 86.069. Penalties <br />(a) Criminal Penalties: A person who violates any provision of this division <br />commits a misdemeanor, and upon conviction, shall be punished by a fine in the <br />respective amounts shown: <br />(1) 1St offense — not less than $100.00 or more than $250.00 <br />(2) 2nd offense — not less than $250.00 or more than $500.00. <br />(3) 3rd offense — not less than $500.00 or more than $2,000.00. <br />(b) Each violation of a particular provision of this division shall constitute a <br />separate offense, and each day a violation occurs or continues shall be considered a new <br />offense. <br />(c) Civil Penalties. At the option of the director for each violation of this <br />division a civil notice of violation may be issued in lieu of a criminal citation. Civil <br />penalty assessments shall not exceed one thousand dollars ($1,000.00); however, each <br />violation of a particular section of this division shall constitute a separate violation, and <br />each day a violation continues shall be considered a new violation for purposes of <br />enforcing this division <br />(1) Civil penalties may be assessed by mailing, certified mail, a notice of <br />violation to the person who is the registered water user at the address of <br />the alleged violation. A notice of violation may also be hand delivered to <br />a person accepting responsibility for premises where the alleged violation <br />occurred. The person receiving the notice shall sign a statement <br />acknowledging receipt of the notice and acquiescence to the procedures <br />
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