§ 12-364. Judicial remedies and penalties.

(a)

Criminal remedies.

(1)

An offense as defined under this article is a misdemeanor punishable by a fine not to exceed $2,000.00. Each separate occurrence of a violation or each day that a violation continues shall constitute a separate offense.

(2)

If an offense defined under this article does not include a culpable mental state, then one is not needed and the offense shall be one of strict liability.

(b)

Civil remedies.

(1)

The city may invoke V.T.C.A., Local Government Code § 54.017 and petition the state district court or the applicable county court at law, through the city attorney, for either injunctive relief, civil penalties, or both, whenever it appears that a person has violated, or continues to violate, any provision of this article that relates to:

a.

The preservation of public health; or

b.

Conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents.

(2)

Pursuant to V.T.C.A., Local Government Code § 54.016, the city may obtain against the owner or the operator of a facility, a temporary or permanent injunction, as appropriate, that:

a.

Prohibits any conduct that violates any provision of this article that relates to any matter specified in subsection (b)(1) of this section; or

b.

Compels the specific performance of any action that is necessary for compliance with any provision of this article that relates to any matter specified in subsection (b)(1) of this section.

(3)

Pursuant to V.T.C.A., Local Government Code § 54.017, the city may recover a civil penalty of not more than $1,000.00 per day for each violation of any provision of this article that relates to any matter specified in subsection (b)(1) of this section if the city proves that:

a.

The defendant was actually notified of the provisions of the article; and

b.

After the defendant received notice of the article provisions, the defendant committed acts in violation of the article or failed to take action necessary for compliance with the article.

(Code 1994, § 6.229; Ord. No. 372, § 1, 6-14-2004)