§ 94.10 ENFORCEMENT.

   (A)   The Building Official of the city shall be responsible for compliance with §§ 94.01 through 94.13. The Police Department and/or Fire Department may, while an establishment is undergoing inspections, inspect for compliance with §§ 94.01 through 94.13.

   (B)   The owner, operator, person in charge or manager of any facility, business, or agency within the purview of this chapter shall comply with the provisions of this chapter.

   (C)   Notwithstanding any other provision of §§ 94.01 through 94.13 an employee or private citizen may bring legal action to enforce §§ 94.01 through 94.13, provided, however, that the exclusive remedy for private enforcement is by injunctive relief.

   (D)   The Building Official, in his or her sole discretion, may enforce this chapter by any of the following actions.  The remedies contained herein are cumulative of and in addition to any other remedies that are available to Wake Village, Texas, at law or in equity:

      (1)    Serving written notice on the owner, operator, person in charge or manager of any facility, business, or agency within the purview of this chapter requiring the correction within a reasonable specified time frame of any violation of this chapter;

      (2)   Requesting the City Attorney to maintain an action for injunction to enforce the provisions of this chapter, to cause the correction of any such violation and for assessment and recovery of a civil penalty of the violation including attorney’s fees; or

      (3)   Requesting the Police Department to issue a Municipal Court citation.

   (E)   In undertaking the enforcement of this chapter, Wake Village, Texas, is assuming an undertaking only to promote the general health, safety, and welfare of its citizens.  Wake Village, Texas, is not assuming any duty or obligation, nor is it imposing any duty and/or obligation on its officer and/or employees, nor is it liable in money damage or otherwise to any person who claims that:

      (1)   Wake Village, Texas, and/or one of its officers and/or employees breached any such obligation; and

      (2)   The breach proximately caused injury.

(Ord. 5-06, passed 4-10-2006)