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stated therein. The notice of violation shall set forth the details of the <br />violation and the proposed penalty. <br />(2) The registered user, or other person receiving a notice of violation, shall <br />be given ten (10) calendar days from the receipt of a notice of violation to <br />file a written notice to the director requesting an appeal of the violation. If <br />an appeal is not requested within the ten (10) day period, the notice of <br />violation becomes final, and the stated penalty is due. <br />(3) After the director receives a request for an appeal, the request will be <br />forwarded to the Municipal Court of Record where a hearing on the appeal <br />will be conducted. <br />(4) The Municipal Court of Record shall have jurisdiction to hear appeals of <br />the assessment of civil penalties. An appeal hearing will be conducted in <br />the same manner as a bench trial for a Class C misdemeanor. At the <br />conclusion of the trial, the Judge may, based on the evidence and <br />testimony, enter an order dismissing, upholding, or amending the penalty <br />that was previously assessed by the director. The order entered by the <br />Municipal Court of Record is a final order on the matter. <br />(5) A civil penalty assessed against a utility customer for violation of this <br />division may be collected through the utility billing system as part of the <br />consolidated billing system. All such civil penalties are subject to the <br />provisions of Sections 86.199 and 86.200 of the San Marcos Code of <br />Ordinances. <br />(d) Enforcement personnel may issue verbal and/or written warnings prior to <br />issuance of a citation. <br />Sec. 86.070. Liability of corporate officers for penalty. <br />Whenever a corporation or association violates any provision of this division or in <br />a drought response order issued under this division, the president, vice - president, <br />secretary, treasurer, manager or any agent or employee of the corporation or association <br />who is responsible for the violation shall be subject to the penalty prescribed for the <br />violation. <br />SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is <br />held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of <br />this ordinance will continue in force if they can be given effect without the invalid portion. <br />SECTION 3. All ordinances and resolution or parts of ordinances or resolutions in <br />conflict with this ordinance are repealed. <br />