§ 34-277. Enforcement.

(a)

The president/CEO or his designee of the San Antonio Water System is hereby authorized to enforce this division in the manner and to the extent allowed by law, including, but not limited to, filing complaints with the city municipal prosecutor's office for such violations, serving notices of violations of this division, and filing civil enforcement actions. Such authorization does not diminish the city attorney's authority in regard to enforcement of chapter 34 provisions.

(b)

Responsible party. For purposes of this division, the San Antonio Water System water and/or waste water customer, property owner, occupant, or resident, of the property where a violation is observed shall be the responsible party for a violation of the provisions of this division unless an alternate person is designated by the named meter holder and accepts responsibility and it is documented in writing by both the alternate individual and the meter holder. If there is no meter, the property owner, occupant, or resident, shall be the responsible party.

(c)

The president/CEO or his or her designee is authorized and instructed to commence any action, in law or in equity, including the filing of criminal charges, deemed necessary for the purpose of enforcing this division. The San Antonio Water System president/CEO or the designee may seek civil penalties, as may be allowed by statute, and any other legal or equitable relief available under common law, V.T.C.A., Local Government Code ch. 54 as it may be amended to address the subject matter of this division, or any other applicable city, state or federal code or statute.

(d)

Criminal. Any person violating any provision of this division 1 of article IV shall be guilty of a Class C misdemeanor and upon citation and conviction, shall be punished by a fine not less than fifty dollars ($50.00) and not more than one hundred dollars ($100.00) for the first offense; a fine not less than two hundred and fifty dollars ($250.00) and not more than five hundred dollars ($500.00) for the second offense; a fine of not less than one thousand dollars ($1,000.00) and not more than two thousand dollars ($2,000.00) for the third and additional offenses. Each violation of a particular section of this division shall constitute a separate offense, and each day an offense continues shall be considered a new violation for purposes of enforcing this division.

(e)

Civil. Civil penalties, imposed by courts of competent jurisdiction in civil actions for violations of this division, may also be assessed as may be allowed by applicable state law in any amount to be authorized by the state. Under V.T.C.A., Local Government Code ch. 54, SAWS and the office of the city attorney may presently pursue civil enforcement for injunctive relief and the imposition of one thousand dollars ($1,000.00) per day civil penalties appropriately imposed by the Court. This statutory remedy is in addition to the city's common law right to bring civil actions for injunctive relief to stop harmful acts, independent of authority found in the Texas Local Government Code.

(f)

If, for any reason, any section, sentence, clause or part of this division is held legally invalid, such judgment shall not prejudice, affect, impair or invalidate the remaining sections of this division, but shall be confined to the specific section, sentence, clause, or part of this division held legally invalid.

(Ord. No. 2014-05-29-0376, § 3(Exh. B), 5-29-14)