SEC. 7-8.1. VIOLATIONS; CRIMINAL AND CIVIL PENALTIES.

   (a)   A person who violates a provision of this chapter, or who fails to perform an act required of him by this chapter, commits an offense.

   (b)   A person violating a provision of this chapter commits a separate offense for each day or part of a day during which a violation is committed, continued, or permitted.

   (c)   The culpable mental state required for the commission of an offense under this chapter is governed by Section 1-5.1 of this code.

   (d)   Unless specifically provided otherwise in this chapter, an offense under this chapter is punishable by a fine not to exceed:

      (1)   $2,000 if the provision violated governs public health or sanitation;

      (2)   the amount fixed by state law if the violation is one for which the state has fixed a fine; or

      (3)   $500 for all other offenses.

   (e)   Unless specifically provided otherwise in this chapter or by state law, an offense under this chapter is punishable by a fine of not less than:

      (1)   $50 for a first conviction of a violation of Section 7-2.6(f), 7-2.7(d), 7-3.1, 7-4.2(a), 7-4.5(a), 7-4.6, 7-4.8, 7-7.2, or 7-7.4(a);

      (2)   $100 for a first conviction of a violation of Section 7-3.3, 7-4.1(a), 7-4.7, 7-4.10, 7-7.3, or 7-7.5(a); and

      (3)   $150 for a first conviction of a violation of Section 7-2.4(b), 7-3.2, 7-4.3(e), 7-4.11, 7-4.14, 7-6.1, 7-6.2, or 7-7.1.

   (f)   The minimum fines established in Subsection (e) will be doubled for the second conviction of the same offense within any 24-month period and trebled for the third and subsequent convictions of the same offense within any 24-month period. At no time may the minimum fine exceed the maximum fine established in Subsection (d).

   (g)   Prosecution for an offense under Subsection (a) does not prevent the use of civil enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense.

   (h)   In addition to imposing a criminal penalty, the city may, in accordance with Section 54.012(5) and (10) of the Texas Local Government Code, bring a civil action against a person violating a provision of this chapter. The civil action may include, but is not limited to, a suit to recover a civil penalty pursuant to Section 54.017 of the Texas Local Government Code not to exceed $1,000 for each day or portion of a day during which each violation is committed, continued, or permitted.

   (i)   As an alternative to imposing the criminal penalty prescribed in Subsections (d) and (e), the city may, as authorized by Section 54.044 of the Texas Local Government Code, impose administrative penalties, fees, and court costs in accordance with Article IV-b of Chapter 27 of this code for an offense under this chapter. The alternative administrative penalty range for an offense is the same as is prescribed in Subsections (d) and (e). The provisions of Article IV-b of Chapter 27 of this code pertaining to financial inability to comply with an administrative order do not apply to violations of this chapter. (Ord. Nos. 26024; 27250; 29403; 30901; 32194, eff. 11-11-22)