§ 86.535. Enforcement.

(a)

The City of San Marcos has the authority to assess penalties, including monetary, civil, or criminal penalties, in accordance with TPDES Phase II MS4 Permit TXR040000. In addition to other remedies, the city may institute any appropriate action or proceedings to prevent or abate any activity(ies) in violation of this division. Appropriate action or proceedings include without limitation termination of utility services (electric, water, wastewater); revocation of permits, licenses, or bonds; stop work orders; and institution of legal action in a court of competent jurisdiction. Initiation of one form of enforcement activity by city employees shall not preclude city employees from initiating any other form of enforcement activity.

(b)

Field correction notices and failed inspection notices. If the City of San Marcos finds a person or entity in violation of this division, the authorized city representative may issue a field correction notice (FCN) or failed inspection notice to a responsible party. The notice shall be personally delivered to a responsible party, posted at the construction site, or mailed by U.S. Mail, or electronic mail. The notice shall afford a reasonable amount of time to correct the alleged violation(s).

(1)

If the violation(s) is corrected within the stated timeframe, as described above, no further city action will be taken.

(2)

If correction is not made in the stated timeframe, the inspector may issue an inspections hold and/or a stop work order.

(3)

If a stop work order is not honored at the site and/or corrective action is not accomplished in a timely manner to protect the city's MS4, citation(s) may be issued or civil injunctive remedy(ies) with the appropriate penalty(ies) may be pursued.

(4)

Additional or cumulative enforcement action may be taken as the severity of the alleged pollutant impact to the MS4 may warrant.

(5)

Additional compliance time may be afforded if, within the judgment and discretion of the inspector, municipal obligations to environmental health, public safety, and the city's stormwater compliance requirements to enforcement agencies are not compromised.

(6)

Upon observation of an alleged violation or condition an inspector believes constitutes a violation of a water pollution abatement plan within the Edwards Aquifer Recharge Zone, the inspector shall have the authority to issue a field correction notice (FCN) to a responsible party. Enforcement of the FCN shall be in accordance with the process identified in paragraphs (1) through (5) of this section.

(c)

Monetary, civil, and criminal enforcement.

(1)

A penalty is hereby established whereby any person or entity who shall violate any provision of this division shall be deemed to be guilty of a misdemeanor and shall upon conviction be fined a minimum amount of not less than $200.00 per violation and a maximum amount of not more than $2,000.00 per violation. Each day of violation shall constitute a separate offense for purposes of the enforcement of this section.

(2)

The city attorney or other authorized attorney or representative has authority to pursue all legal, equitable, and criminal remedies appropriate to enforce all provisions of this division including, but not limited to, authority under the V.T.C.A. Local Government Code, Ch. 54, providing for injunctive relief and court imposed civil penalties of up to $5,000.00 a day for violation of ordinances relating to discharge of a pollutant into a storm sewer system controlled by a municipality.

(3)

Upon written direction of the director advising of an alleged violation of this division, the city attorney or other authorized attorney, pursuant to subsection (c)(2) above, is authorized to petition any court of competent jurisdiction for an injunction to enjoin the continuance of such violation and to secure any and all civil penalties within the jurisdiction of the appropriate court. This remedy shall be cumulative of and to all other enforcement remedies available to the city.

(4)

The authority set out above shall in no way diminish the authority and responsibility of the city attorney to diligently prosecute violations of this division through the municipal prosecutor's office.

( Ord. No. 2016-12, § 4, 5-3-16 )