(a) The city may invoke Tex. Local Government Code §§ 54.012 through 54.019, as amended, and petition the state district court or the applicable county court at law, through the city attorney, for either injunctive relief, civil penalties, or both injunctive relief and civil penalties, whenever it appears that a person has violated, or continues to violate, any provision of this chapter.
(b) Pursuant to Tex. Local Government Code § 54.016, as amended, the city may obtain against the owner or the operator of a facility, a temporary or permanent injunction, as appropriate, that:
(1) Prohibits specific conduct that violates the ordinance; or
(2) Requires specific conduct that is necessary for compliance with the ordinance.
(c) Pursuant to Tex. Local Government Code § 54.017, as amended, the city may recover a civil penalty of not more than $1,000 per day for each violation of any provision of this chapter that relates to any matter specified in subsection (a) above, if the city proves that:
(1) The defendant was actually notified of the provisions of the chapter; and
(2) After the defendant received notice of the ordinance provisions, the defendant committed acts in violation of the ordinances or failed to take action necessary for compliance with the ordinance.
(d) The city may also institute suit to recover the cost of any actual damages incurred by the city, and any costs of response, remediation, abatement and restoration incurred by the city as allowed under state or federal laws, or at common law.
(e) In determining the amount of civil liability, the court should take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the violation, corrective actions by the violator, the compliance history of the violator, and any other factors as justice requires.
(Ord. 17827, § 10, passed 10-9-2007)