Res 2019-070/Consider approval of Resolution 2019-70R, approving the submittal of the 2019 revised

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SAN MARCOS CITY CODE CHAPTER 86, ARTICLE 2 DIVISION 2. WATER CONSERVATION and promulgate criteria for the granting of a variance under this section and any forms consistent with such criteria for customers to request a variance. Section 86.066. Violations. (a) It shall be unlawful for any person to intentionally, knowingly, recklessly, or with criminal negligence allow or cause any waste of water, to allow or cause landscape watering at any time other than during a prescribed time for landscape watering, or to allow or cause any violation of any provision or restriction of this division. (b) The director is authorized and instructed to commence any action, in law or in equity, including the filing of criminal charges, deemed necessary for the purpose of enforcing this division. 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. (c) It is not a defense to prosecution under any provision of this division that the violation charged is no longer occurring or no longer exists. A judge of the municipal court may not dismiss a complaint or enter a finding of not guilty on the grounds that the violation is no longer occurring or no longer exists. Section 86.067. Enforcement personnel. In addition to all peace officers, code enforcement officers, and other persons authorized to enforce city ordinances, the director is authorized to enforce this division by issuing citations to violators, filing complaints in the municipal court, and filing civil enforcement actions. Section 86.068. 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 86.069. 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. As amended April 2015 Page 18