SEC. 49-2. CHAPTER ENFORCEMENT.

   (a)   Authority. The director is authorized to enforce the provisions of this chapter.

   (b)   Civil jurisdiction.

      (1)   As an alternative to imposing the applicable criminal penalty prescribed in Section 49-2(d), 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 Section 49-21.1 of this chapter. The alternative administrative penalty range for an offense is the same as is prescribed for an offense in Section 49-2(d). 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.

      (2)   This chapter may be enforced by civil court action as provided by state and federal law.

   (c)   Offenses. A person who violates Sections 49-3(e), 49-16, 49-19(c), 49-20(f), 49-21.1, 49-23(c), 49-25(c), 49-27(b), 49-31(a), 49-34 and 49-37 of this chapter is guilty of a separate offense for each day or portion of a day during which the violation continues.

   (d)   Penalty.

      (1)   Each offense under Sections 49-20, 49-21.1, 49-25(c), 49-27(b), 49-31(a), 49-34, and 49-37(a)(3) is punishable by a fine not to exceed $2,000. Every other offense under this chapter is punishable by a fine not to exceed $500.

      (2)   In addition to the maximum fine prescribed by Subsection (d)(1), an offense under Section 49-20 or 49-21.1 is punishable by a fine of not less than $250. This minimum fine will be doubled for the second conviction of the same offense within any 12-month period and trebled for the third and subsequent convictions of the same offense within any 12-month period. At no time may the minimum fine exceed the maximum fine established in Subsection (d)(1).

   (e)   Culpability.

      (1)   A person is criminally responsible for a violation of this chapter if the person:

         (A)   commits or assists in the commission of a violation; or

         (B)   is a customer, owner, tenant, permittee, or other person in control of the premises determined to be the source of a violation.

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

   (f)   Exception. This section does not apply to Article IV of this chapter. (Ord. Nos. 19201; 19682; 21606; 24745; 29618)