§ 20-106. Establishing penalty.

(a)

The establishment of a penalty shall be consistent with and pursuant to the provisions of V.T.C.A., Local Government Code § 54.044, and as amended.

(b)

The penalty range to be assessed against a violator found liable under this article shall be:

(1)

Not less than twenty dollars ($20.00), nor more than one thousand dollars ($1,000.00) a day for a first violation;

(2)

Not less than two hundred fifty dollars ($250.00), nor more than one thousand dollars ($1,000.00) a day for a second violation; and

(3)

Not less than five hundred dollars ($500.00), nor more than one thousand dollars ($1,000.00) a day for a third or subsequent violation.

(c)

In addition to the penalty assessed, the administrative hearing officer may require the violator to pay fees and costs.

(d)

In determining the amount of penalty to be assessed, the administrative hearing officer shall consider the following factors:

(1)

The gravity of the violation;

(2)

Any actions taken by the violator to correct the violation;

(3)

Any previous violations committed by the violator;

(4)

The actual costs of repairs to the city due to the violation as supported by receipts or testimony or other evidence;

(5)

Indigence of the violator; and

(6)

Any other relevant evidence.

(Ord. No. 2012-10-04-0780, § 2, 10-4-12)