§ 21-3. Violations.

A.

Applicability. The penalties prescribed by this section shall substitute for any and all penalties prescribed by the various codes adopted by section 21-1 as the plumbing code.

B.

Civil enforcement. Violation of the provisions of this article or failure to comply with any of its requirements, including conditions established in connection with correction notices, shall constitute a civil violation subject to a civil monetary penalty awardable to the city not to exceed one thousand dollars ($1,000.00), and in addition, the payment of all of city's enforcement costs and expenses, including, without limitation, city's attorneys' fees and costs. Each day such violation continues shall be considered a separate violation.

The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, encourages or maintains such violation may each be charged with a separate violation and be subject to the penalties provided above.

The city may enforce the provisions of this article or failure to comply with any of its requirements, including conditions established in connection with correction notices, by any and all available remedies including Chapter 54 of the Texas Local Government Code or obtaining an injunction to compel compliance or to authorize the city to remedy the violation(s).

C.

Criminal enforcement. Violation of the provisions of this article or failure to comply with any of its requirements shall constitute a misdemeanor. Any person, who violates this article or fails to comply with any of its requirements, including conditions established in connection with correction notices, shall upon conviction thereof, be fined not more than five hundred dollars ($500.00). Each day such violation continues shall be considered a separate violation. Moreover, any person who recklessly violates this article or fails to comply with any of its requirements, including conditions established in connection with correction notices that govern or relate to fire safety, zoning, or public health and sanitation, including dumping of refuse, shall upon conviction thereof, be fined not more than two thousand dollars ($2,000.00). Each day such violation continues shall be considered a separate violation.

The owners or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, encourages or maintains such violation may each be charged with a separate violation and be subject to the penalties provided above.

(Ord. No. 2012-13, § 3, 5-1-2012)