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manner as a bench trial for a Class C misdemeanor. At the conclusion of the trial, • <br />the Judge may, based on the evidence and testimony, enter an order dismissing, <br />upholding, or amending the penalty that was previously assessed by the Director. <br />The order entered by the 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 provisions <br />of Sections 86.199 and 86.200 of the San Marcos Code of Ordinances.. <br />(d) Enforcement personnel may issue verbal and/or written warnings prior to issuance of <br />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 a <br />drought response order issued under this division, the president, vice-president, <br />secretary, treasurer, manager or any agent or employee of the corporation or <br />association who is responsible for the violation shall be subject to the penalty prescribed <br />for the 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 <br />provisions of this ordinance will continue in force if they can be given effect without the <br />invalid portion. <br />Section 3: All ordinances and resolutions or parts of ordinances or resolutions in <br />conflict with this ordinance are repealed. <br />Section 4: This Ordinance will take effect ten days after the date of its final passage. <br />PASSED on first reading on January 22, 2009. <br />PASSED, APPROVED AND ADOPTED on February3, 2009. <br />Susan Narvaiz <br />Mayor <br />Atte <br />Sherry Mash rn <br />City Clerk <br />Approv <br />Mi hael J. Cos tino <br />City Attorney <br />• <br />• <br />14