Ord 2012-028 - Laserfiche WebLink

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(3) After the dDirector receives a request for an appeal, the request will be forwarded to the Municipal Court of Record where a hearing on the appeal will be conducted. (4) The Municipal Court of Record shall have jurisdiction to hear appeals of the assessment of civil penalties. An appeal hearing will be conducted in the same manner as a bench trial for a Class C misdemeanor. At the conclusion of the trial, the Judge may, based on the evidence and testimony, enter an order dismissing, upholding, or amending the penalty that was previously assessed by the dDirector. The order entered by the Municipal Court of Record is a final order on the matter. (5) A civil penalty assessed against a utility customer for violation of this division may be collected through the utility billing system as part of the consolidated billing system. All such civil penalties are subject to the provisions of Sections 86.199 and 86.200 of the San Marcos Code of Ordinances. (d) Enforcement personnel may issue verbal and/or written warnings prior to issuance of a citation. Sec. 86.070. Liability of corporate officers for penalty. Whenever a corporation or association violates any provision of this division or in a drought response order issued under this division, the president, vice - president, secretary, treasurer, manager or any agent or employee of the corporation or association who is responsible for the violation shall be subject to the penalty prescribed for the violation. SECTION 2. In codifying the changes authorized by this ordinance, paragraphs, sections and subsections may be renumbered and reformatted as appropriate consistent with the numbering and formatting of the San Marcos City Code. SECTION 3. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 4. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 5. This ordinance will take effect after its passage, approval and adoption on second reading. PASSED AND APPROVED on first reading on June 5, 2012. PASSED, APPROVED AND ADOPTED on second reading on June 19, 2012.