(A) Civil remedies.
(1) 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, other than from a non-point source, into the MS4.
(g) The city may invoke Tex. Government Code §§ 54.011 through 54.017 and petition the state district court or the county court at law of Tarrant County, through the city attorney, for either the injunctive relief specified in division (A)(2) below or the civil penalties specified in division (A)(3) below, or both the specified injunctive relief and civil penalties.
(2) Pursuant to Tex. 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 divisions (A)(1)(a) through (f) 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 divisions (1)(a) through (f) above.
(3) Pursuant to Tex. 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 divisions (A)(1)(a) through (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 division (A)(1)(f) above, if the city proves that:
(a) The defendant was actually notified of the provisions of this 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.
(B) Criminal penalties.
(1) Any person who has violated any provision of this chapter, or any order issued hereunder shall be strictly liable for such violation regardless of the presence or absence of a culpable mental state and shall, upon conviction, be subject to a fine in accordance with the general penalty provision found in § 10.99 of the Town of Lakeside Code of Ordinances.
(2) Any person who has knowingly made any false statement, representation or certification in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this chapter, or any order issued hereunder, or who has falsified, tampered with, or knowingly rendered inaccurate any monitoring device or method required under this chapter shall upon conviction, be subject to a fine in accordance with the general penalty provision found in § 10.99 of the Town of Lakeside Code of Ordinances.
(3) In determining the amount of any fine imposed hereunder, the court shall 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, the knowledge, intent, negligence, or other state of mind of the violator and any other factor as justice requires.
(C) Civil suit under the Texas Water Code. Whenever it appears that a violation or threat of violation of any provision of Tex. Water Code § 26.121, or any rule, permit or order of the Texas Water Commission has occurred or is occurring within the jurisdiction of the Town of Lakeside, inclusive of its extraterritorial jurisdiction, the city in the same manner as the Texas Water Commission, may have a suit instituted in a state district court through its city attorney for the injunctive relief or civil penalties or both authorized in Tex. Water Code § 26.123(a) against the person who committed or is committing or threatening to commit the violation. This power is exercised pursuant to Tex. Water Code § 26.124. In any suit brought by the city under this subsection, the Texas Water Commission is a necessary and indispensable party.
(D) Remedies nonexclusive. The remedies provided for in this chapter are not exclusive of any other remedies that the city may have under state or federal law or other city ordinances. The city may take any, all or any combination of these actions against a violator. The city is empowered to take more than one enforcement action against any violator. These actions may be taken concurrently.
(Ord. 365, passed 12-12-2013)