§ 30-193. Civil remedies.

(a)

Whenever it appears that a person has violated, or continues to violate, any provision of this article that relates to:

(1)

The preservation of public safety relating to the materials or methods used in construction of any structure or improvement of real property;

(2)

The preservation of public health or to the fire safety of a building or other structure or improvement;

(3)

The establishment of criteria for land subdivision or construction of buildings, including street design;

(4)

Dangerously damaged or deteriorated structures or improvements;

(5)

Conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; or

(6)

Point source effluent limitations or the discharge of a pollutant, other than from a nonpoint source, into the MS4,

the city may invoke V.T.C.A., Local Government Code §§ 54.012—54.017 and petition the state district court or the county court at law of Tarrant County, through the city attorney, for either the injunctive relief specified in subsection (b) or the civil penalties specified in subsection (c), or both the specified injunctive relief and civil penalties.

(b)

Pursuant to V.T.C.A., Local Government Code § 54.016, the city may obtain against the owner or the operator of a facility a temporary or permanent injunction, as appropriate, that:

(1)

Prohibits any conduct that violates any provision of this article that relates to any matter specified in subsections (a)(1)—(6); or

(2)

Compels the specific performance of any action that is necessary for compliance with any provision of this article that relates to any matter specified in subsections (a)(1)—(6).

(c)

Pursuant to V.T.C.A., Local Government Code § 54.017, the city may recover a civil penalty of not more than $1,000.00 per day for each violation of any provision of this article that relates to any matter specified in subsections (a)(1)—(5), and a civil penalty of not more than $5,000.00 per day for each violation of any provision of this article that relates to any matter specified in subsection (a)(6), if the city proves that:

(1)

The defendant was actually notified of the provisions of the article; and

(2)

After the defendant received notice of the article provisions, the defendant committed acts in violation of the article or failed to take action necessary for compliance with the article.

(Ord. No. 2007-12, § 1, 8-7-07)