(a) Criminal remedies.
(1) An offense as defined under this chapter is a misdemeanor punishable by a fine not to exceed $2,000 in accordance with § 1-6(c). Each separate occurrence of a violation or each day that a violation continues shall constitute a separate offense.
(2) If an offense defined under this chapter does not include a culpable mental state, then intent, knowledge, or recklessness suffices to establish criminal responsibility.
(3) An offense is so defined in this code by the phrase: "A person commits an offense...."
(b) Civil remedies.
(1) The city may invoke Tex. Local Government Code §§ 54.012 through 54.017 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 that relates to:
a. The preservation of public safety, relating to the materials or methods used in construction of any structure or improvement of real property;
b. The preservation of public health or to the fire safety of a building or other structure or improvement;
c. The establishment of criteria for land subdivision or construction of buildings, including street design;
d. Dangerously damaged or deteriorated structures or improvements;
e. Conditions caused by accumulations of refuse, vegetation or other matter that creates breeding and living places for insects and rodents; or
f. Point source effluent limitations or the discharge of a pollutant from a point source into the publicly owned treatment works (POTW) or MS4.
(2) Pursuant to Tex. Local Government Code § 54.016, the city may obtain against the owner or the operator of a facility, a temporary or permanent injunction, as appropriate, that:
a. Prohibits any conduct that violates any provision of this chapter that relates to any matter specified in subsection (b)(1) above; or
b. Compels the specific performance of any action that is necessary for compliance with any provision of this chapter that relates to any matter specified in subsection (b)(1) above.
(3) Pursuant to Tex. Local Government Code § 54.017, 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 (b)(1)a. through (b)(1)e. above, and a civil penalty of not more than $5,000 per day for each violation of any provision of this chapter that relates to any matter specified in subsection (b)(1)f. above, if the city proves that:
a. The defendant was actually notified of the provisions of the chapter; and
b. After the defendant received notice of the chapter provisions, the defendant committed acts in violation of the chapter or failed to take action necessary for compliance with the chapter.
(4) 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.
(5) 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.
(6) Whenever it appears that a violation or a threat of violation of any provision of Tex. Water Code § 26.121, or any rule, permit or order of the commission has occurred or is occurring within the jurisdiction of the City of Fort Worth, exclusive of its extraterritorial jurisdiction, the city, in the same manner as the commission, may have a suit instituted in a state district court through its city attorney for the injunctive relief or civil penalties, or both, against the person who committed or is committing or threatening to commit the violation. In any suit brought under this subsection (b), the commission is a necessary and indispensable party.
(7) Filing a suit for civil penalties or other remedies shall not be a bar against, or a prerequisite for, taking any other action against a violator.
(Ord. 12274, § 1, passed 11-28-1995; Ord. 14401, § 1, passed 11-7-2000; Ord. 23569-02-2019, § 2, passed 2-12-2019, eff. 2-23-2019)