§ 51.999 PENALTY.

   (A)   Any person who violates any provision of this chapter for which no other penalty is set forth shall be subject to the penalty set forth in § 10.99

   (B)   (1)   A person who violates any provision of §§ 51.015 through 51.040 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $500 for each act of violation and for each day of violation.

      (2)   In addition to proceeding under authority of division (B)(1) above, the city is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statutes or this ordinance or other ordinances against persons violating any provision of §§ 51.015 through 51.040.

(Ord. 10-1993-36, passed 10-12-93; Am. Ord. 09-2007-52, passed 9-25-07; Am. Ord. 07-2010-35, passed 7-13-10; Am. Ord. 09-2010-54, passed 9-14-10; Am. Ord. 09-2010-55, passed 9-14-10)

   (C)   Penalty for violation of §§ 51.100 through 51.108.

      (1)   In addition to prohibiting certain conduct by persons, it is the intent of this subchapter (§§ 51.108 through 51.108) to hold a corporation or association legally responsible for prohibited conduct performed by an agent acting on behalf of a corporation or association and within the scope of his or her office or employment.

      (2)   Any person, operator or owner who violates any provisions of this subchapter (§§ 51.100 through 51.108) shall be liable to the city a maximum civil penalty of $1,000 per violation per day.

      (3)   The city may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.

      (4)   A person, operator or owner who violates any provisions of this subchapter (§§ 51.100 through 51.108) is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $2,000 for each act of violation and for each day of violation.

(Ord. 8-1995-21, passed 8-22-95; Am. Ord. 09-2007-52, passed 9-25-07)

   (D)   Penalties for violation of §§ 51.120 through 51.130. The city adopts the criminal, injunction or civil suit, and civil penalty provisions as set forth in the sections of Texas Health and Safety Code, §§ 366.091, 366.092 and 366.0921 and/or any other such penalties (Section 341.091 of the Texas Department of Health, Chapter 341) that may be provided by state law. Each day of a continuing violation is a separate offense and is punishable as such.

      (1)   Criminal penalties (Texas Health and Safety Code, § 366.091).

         (a)   A person commits an offense if a person operates as an installer unless the person is registered by the state.

         (b)   A person commits an offense if the person violates a rule adopted by the Commission under this subchapter or an order or resolution adopted by an authorized agent under subchapter C in a county that is contiguous to an internal border.

         (c)   A person commits an offense if the person begins to construct, alter, extend or repair an on-site sewage facility owned by another person before the owner of the system obtains a permit to install, construct, alter, extend or repair the on-site system as required.

         (d)   An emergency repair to an on-site sewage facility without a permit is not an offense under these Rules if:

            1.   The repair is made for the purpose of abatement of an immediate health hazard;

            2.    That said repair does meet minimum state design criteria or the more stringent design criteria of the authorized agent;

            3.    That said repair does not constitute an alteration of the on-site system;

            4.    That written notification of such repair, including a detailed description of the method and materials used in said repair, is made to the authorized agent not later than 72 hours after the repair is begun;

            5.    That said repair must be inspected for compliance with the state's or authorized agent's design criteria.

         (e)    An offense under this section is a Class C misdemeanor unless it is shown in the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is punishable by:

            1.    A fine of not less than $125 nor more than $500;

            2.    Confinement in jail for not more than one month; or

            3.    Both the fine and confinement.

         (f)    Each day that a violation occur constitutes a separate offense.

      (2)   Injunction or civil suit (Texas Health and Safety Code, § 366.092).

         (a)    If this appears that a person has violated, is violating, or is threatening to violate any provision of Texas Health and Safety Code, Chapter 366, or any rule, permit or other order of the Commission issued pursuant to Texas Health and Safety Code, Chapter 366, the Commission in partnership with the authorized agent or the Commission independently may request the Attorney General to bring a civil suit for:

            1.    Mandatory or prohibitory injunctive relief, as warranted by the facts;

            2.    A civil penalty as provided by Texas Health and Safety Code, Chapter 366; or

            3.    Both injunctive relief and civil penalty.

         (b)    Venue for an action under Texas Health and Safety Code, Chapter 366, is in Travis County District Court, the county in which the defendant resides, or in the county in which the violation occurs.

      (3)   Civil penalty (Texas Health and Safety Code, § 366.0921).

         (a)    The authorized agent may request that the Commission initiate an enforcement action pursuant to these sections through a petition filled with the Commission.

            1.    An owner who violates any provision of Texas Health and Safety Code, Chapter 366, or any rule, permit or order issued pursuant to Texas Health and Safety Code, Chapter 366, is subject to a civil penalty of not less than $100 nor more than $500 for each act of violation and for each day of violation.

            2.    Any other person who violates any provision of Texas Health and Safety Code, Chapter 366, is subject to a civil penalty of not less than $500 nor more than $5,000 for each act of violation and for each day of violation.

         (b)    The civil penalties recovered shall be divided between the authorized agent and the state based on the proportion of resources expended by each entity in the course of the enforcement action.

      (4)   Texas Health and Safety Code, Chapter 341 (Subchapter B. Nuisance and General Sanitation.)

         (a)    Criminal penalties (Texas Health and Safety Code, § 341.091).

            1.    A person commits an offense if the person violates this subchapter or a rule adopted under this subchapter. An offense under this section is a misdemeanor punishable by a fine of not less than $10 or more than $200.

            2.    If it is shown on the trial of the defendant that the defendant has been convicted of an offense under this chapter within a year before the date on which the offense being tried occurred, the defendant shall be punishable by a fine of not less than $10 or more than $1,000, confinement in jail for not more than 30 days, or both.

   (E)   Any person, firm, corporation, agent or employee thereof who violates any of the provisions of §§ 51.030, 51.031 or 51.033 shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed $500 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

(Ord. 09-2004-53, passed 9-14-04; Am. Ord. 09-2004-54, passed 9-14-04; Am. Ord. 09-2007-52, passed 9-25-07)

   (F)   Any person, firm, corporation, agent or employee thereof who violates any of the provisions of § 51.052 shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed $500 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

(Ord. 01-2005-08, passed 1-25-05; Am. Ord. 09-2007-52, passed 9-25-07; Am. Ord. 04-2011-14, passed 4-26-11; Am. Ord. 04-2011-15, passed 4-26-11)