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SAN MARCOS CITY CODE CHAPTER 86, ARTICLE 2 <br />DIVISION 2. WATER CONSERVATION <br />Section 86.068. Registered water user presumed. <br />For purposes of this division, in any case where water has been used on a property <br />in violation of this division, it shall be presumed that the person in whose name a water <br />meter connection is registered with the city for the property has intentionally, knowingly, <br />recklessly, or negligently caused or allowed the violation to occur. Proof that the particular <br />premises had a water meter connection registered in the name of the defendant cited in a <br />criminal or civil complaint filed under this division shall constitute prima facie evidence <br />that the defendant caused or allowed the violation to occur. <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 respective <br />amounts shown: <br />(1) Pt 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 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, or may be hand delivered to a <br />person accepting responsibility for premises where the alleged <br />violation occurred. The notice of violation shall set forth the details <br />of the violation and the proposed penalty. <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 />Proposed amendments 2024 Page 15 <br />