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• • ! ' ' • 1 <br />• • •' <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 result <br />in installation of a flow control device on the customer's water line, or termination of the <br />customer's water service. <br />Section 86.070. 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 respective <br />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) Yd 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 penalty <br />assessments shall not exceed one thousand dollars ($1,000.00); however, each violation of <br />a particular section of this division shall constitute a separate violation, and each day a <br />violation continues shall be considered a new violation for purposes of enforcing this <br />division <br />(1) Civil penalties may be assessed by mailing, certified mail, a notice <br />of violation to the person who is the registered water user at the <br />address of the alleged violation. A notice of violation may also be <br />hand delivered to a person accepting responsibility for premises <br />where the alleged violation occurred. The person receiving the <br />notice shall sign a statement acknowledging receipt of the notice and <br />acquiescence to the procedures stated therein. The notice of <br />violation shall set forth the details of the violation and the proposed <br />penalty. <br />As amended April 2015 Page 19 <br />