(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. A person commits a separate offense each day during which a violation is committed, permitted, or continued.
(b) Criminal penalties.
(2) An offense under this chapter is punishable by a fine of not less than:
(A) $150 for a first conviction of a violation of Section 27-11(c)(1), (c)(2), or (c)(6); Section 27-11(d)(2), (d)(3)(A), (d)(4), (d)(5), (d)(6), (d)(7), (d)(9)(A), (d)(9)(C), (d)(9)(D), (d)(10)(A), (d)(11), (d)(13), (d)(15)(A), or (d)(16)(C); Section 27-11(e)(1)(B), (e)(1)(C), or (e)(3); Section 27-11(f)(1)(A), (f)(1)(B), (f)(3)(C), (f)(3)(F), or (f)(4)(C); Section 27-11(g)(5); Section 27-11(i)(1)(B), (i)(3), (i)(4)(i), (i)(4)(ii), (i)(4)(iii), (i)(6)(A), or (i)(6)(B); Section 27-11(j); Section 27-12(1), (2), (3), or (5); and
(B) $500 for a first conviction of a violation of Section 27-11(d)(1), (d)(9)(B), (d)(12), (d)(14)(A), (d)(14)(B), (d)(15)(B), (d)(15)(C), (d)(16)(A), or (d)(16)(B); Section 27-11(e)(1)(A) or (e)(2)(A); Section 27-11(f)(2), (f)(3)(A), (f)(3)(B), (f)(3)(D), (f)(3)(E), (f)(3)(G), (f)(4)(A), (f)(4)(B), (f)(4)(D), (f)(4)(E) or (f)(4)(F); Section 27-11(g)(1) or (g)(2); Section 27-11(h)(1)(A), (h)(2), or (h)(5); or Section 27-15.1(c).
(3) The minimum fines established in Subsection (b)(2) 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 (b)(1).
(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) In addition to imposing the criminal penalty prescribed in Subsection (b) or exercising the other remedies provided by this chapter, the city may, in accordance with Chapter 54, Subchapter B of the Texas Local Government Code, as amended, 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 not to exceed $1,000 for each day during which the violation is committed, continued, or permitted.
(e) The penalties provided for in Subsections (b), (d), and (h) are in addition to any other enforcement remedies that the city may have under city ordinances and state law.
(f) The director has the authority to enforce provisions of Chapter 7A and Article II, Chapter 18 of this code.
(g) A person is criminally responsible for a violation of this chapter if:
(1) the person commits the violation or assists in the commission of the violation; or
(2) the person is an owner of the property and, either personally or through an employee or agent, allows the violation to exist.
(h) For purposes of Subsection (g), an employee of the owner of real property that is a single dwelling unit rental property, or has been issued a certificate of occupancy or received final approval from the building official with respect to improvements on the property, is not personally liable for a violation of this chapter if, not later than the fifth calendar day after the date the citation is issued, the employee provides the property owner's name, current street address, and current telephone number to the enforcement official who issues the citation or to the director.
(i) As an alternative to imposing the criminal penalty prescribed in Subsection (b), the city may impose administrative penalties, fees, and court costs in accordance with Article IV-b of this chapter, as authorized by Section 54.044 of the Texas Local Government Code, as amended, for an offense under this chapter. The alternative administrative penalty range for an offense is the same as is prescribed for a criminal offense in Subsection (b). (Ord. Nos. 19234; 19896; 20017; 20599; 22695; 24457; 25522; 25927; 26455; 26955; 27458; 27751; 30236)