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(A) Civil remedies.
(1) Whenever it appears that a person has violated, or continues to violate, any provision of this chapter that related 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) Dangerous, 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 nonpoint source, in the city’s drainage system.
The city may invoke other city codes, as amended, and petition the State District Court or the County Court of Law of Collin, through the City Attorney, for either the injunctive relief specified in division (A)(2)(a) below, or the civil penalties specified in division (A)(3) below, or both the specified injunctive relief and civil penalties.
(2) Pursuant to City Code, as amended, 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)-(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 (A)(1)(a)-(f) above.
(3) Pursuant to City Code, 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 divisions (A)(1)(a)-(f) above, if the city proves that:
(a) The defendant was actually notified of the provisions of the ordinance; and
(b) After the defendant received notice of the ordinance provisions, the defendant committed acts in violation of the ordinance or failed to take action necessary for compliance with the ordinance.
(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, except as expressly provided herein, and shall, upon conviction, be subject to a fine of not more than $1,000 per violation per day, or any greater fine authorized by state statute.
(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 of not more than $500 per violation, per day, or any greater fine authorized by state statute.
(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 this chapter, as amended, or any rule, permit, or order of the Texas Water Commission, has occurred or is occurring within the jurisdiction of the City of Parker, the city 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.
(D) Remedies nonexclusive. The remedies provided for 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 1 enforcement action against any violation. These actions may be taken concurrently.
(Ord. 785, passed 6-2-2020)