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SAN MARCOS CITY CODE CHAPTER 86, ARTICLE 2 <br />DIVISION WATER CONSERVATION <br />(2) The registered user, or other person receiving a notice of violation, <br />shall be given ten (10) calendar days from the receipt of a notice of <br />violation to file a written notice to the director requesting an appeal <br />of the violation. If an appeal is not requested within the ten (10) day <br />period, the notice of violation becomes final, and the stated penalty <br />is due. <br />(3) After the director receives a request for an appeal, the request will <br />be forwarded to the Municipal Court of Record where a hearing on <br />the appeal will be conducted. <br />(4) The Municipal Court of Record shall have jurisdiction to hear <br />appeals of the assessment of civil penalties. An appeal hearing will <br />be conducted in the same manner as a bench trial for a Class C <br />misdemeanor. At the conclusion of the trial, the Judge may, based <br />on the evidence and testimony, enter an order dismissing, upholding, <br />or amending the penalty that was previously assessed by the <br />director. The order entered by the Municipal Court of Record is a <br />final order on the matter. <br />(5) A civil penalty assessed against a utility customer for violation of <br />this division may be collected through the utility billing system as <br />part of the consolidated billing system. All such civil penalties are <br />subject to the provisions of Sections 86.199 and 86.200 of the San <br />Marcos Code of Ordinances. <br />(d) Enforcement personnel may issue verbal and/or written warnings prior to <br />issuance of a citation. <br />Sec. 86.071. 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, secretary, <br />treasurer, manager or any agent or employee of the corporation or association who is <br />responsible for the violation shall be subject to the penalty prescribed for the violation. <br />As amended April 2015 Page 20 <br />