§ 86.069. Penalties.

(a)

Criminal penalties. A person who violates any provision of this division commits a misdemeanor, and upon conviction, shall be punished by a fine in the respective amounts shown:

(1)

1 ^st offense—Not less than $100.00 or more than $250.00.

(2)

2 ^nd offense—Not less than $250.00 or more than $500.00.

(3)

3 ^rd offense—Not less than $500.00 or more than $2,000.00.

(b)

Each violation of a particular provision of this division shall constitute a separate offense, and each day a violation occurs or continues shall be considered a new offense.

(c)

Civil penalties. At the option of the director for each violation of this division a civil notice of violation may be issued in lieu of a criminal citation. Civil penalty assessments shall not exceed $1,000.00; however, each violation of a particular section of this division shall constitute a separate violation, and each day a violation continues shall be considered a new violation for purposes of enforcing this division.

(1)

Civil penalties may be assessed by mailing, certified mail, a notice of violation to the person who is the registered water user at the address of the alleged violation. A notice of violation may also be hand delivered to a person accepting responsibility for premises where the alleged violation occurred. The person receiving the notice shall sign a statement acknowledging receipt of the notice and acquiescence to the procedures stated therein. The notice of violation shall set forth the details of the violation and the proposed penalty.

(2)

The registered user, or other person receiving a notice of violation, shall be given ten calendar days from the receipt of a notice of violation to file a written notice to the director requesting an appeal of the violation. If an appeal is not requested within the ten-day period, the notice of violation becomes final, and the stated penalty is due.

(3)

After the director receives a request for an appeal, the request will be forwarded to the municipal court of record where a hearing on the appeal will be conducted.

(4)

The municipal court of record shall have jurisdiction to hear appeals of the assessment of civil penalties. An appeal hearing will be conducted in the same manner as a bench trial for a class C misdemeanor. At the conclusion of the trial, the judge may, based on the evidence and testimony, enter an order dismissing, upholding, or amending the penalty that was previously assessed by the director. The order entered by the municipal court of record is a final order on the matter.

(5)

A civil penalty assessed against a utility customer for violation of this division may be collected through the utility billing system as part of the consolidated billing system. All such civil penalties are subject to the provisions of sections 86.199 and 86.200 of the San Marcos Code of Ordinances.

(d)

Enforcement personnel may issue verbal and/or written warnings prior to issuance of a citation.

( Ord. No. 2015-15, § 1, 4-21-15 )