(A) Civil and criminal penalties. The city shall have the power to administer and enforce the provisions of this chapter as may be required by governing law. Any person violating any provision of this chapter is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this chapter is hereby declared to be a nuisance.
(B) Enforcement. The provisions of this chapter shall be enforced by city police officers, code enforcement officers, or the Montgomery County ESD No 1.
(C) Criminal prosecution. Any person authorized to enforce the provisions of this chapter may issue immediate notice of violations to persons violating any provision herein, and such criminal violation shall be prosecuted as a Class C misdemeanor in the municipal court and/or other court of competent jurisdiction. Any person violating any provision of this chapter shall, upon conviction, be fined an amount not to exceed $500. Each day, or part thereof, that a provision of this chapter is violated shall constitute a separate offense.
(D) Culpable mental state not required. Unless otherwise specifically set forth herein or in state law as adopted, allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this chapter.
(E) Civil remedies. Nothing in this chapter shall be construed as a waiver of the city's right to bring a civil action to enforce the provisions of this chapter and to seek remedies as allowed by law, including, but not limited to, the following:
(1) Injunctive relief to prevent specific conduct that violates this chapter or to require specific conduct that is necessary for compliance with this chapter;
(2) A civil penalty up to $1,000 per day when it is shown that the defendant was actually notified of the provisions of this chapter and after receiving notice committed acts in violation of this chapter, or failed to take action necessary for compliance with this chapter; and
(3) Other available legal and equitable relief.
(Ord. 19-0219, passed 2-19-2019)