§ 98-422. Enforcement.

(a)

Violations

(1)

A person commits an offense if he fails to maintain backflow prevention assemblies in compliance with this section.

(2)

A person commits an offense if he fails to comply with a repair order issued by the regulatory authority.

(3)

A person commits an offense if backflow from premises he owns, operates or manages enters the public water supply system.

(4)

A person commits an offense if he fails to pay any fees required by this article.

(5)

A person commits an offense if he violates any section of this article.

(6)

A person commits an offense if he reinstates water service to a premises discontinued or disconnected under this article, except as directed by the regulatory authority.

(7)

A person in charge of any facility commits an offense if he allows an unregistered tester to perform testing work at their establishment.

(8)

A person commits an offense if he tests a backflow prevention assembly within the city without being registered with the regulatory authority.

(9)

A person commits an offense if he tests a backflow prevention assembly within the city without being certified by the TNRCC.

(b)

Penalties.

(1)

Criminal penalty. A person who violates any provision of this chapter is violating a city ordinance that governs health and sanitation and shall be guilty of a class "C" misdemeanor for each day or portion thereof during which the violation is continued. Each such offense is punishable by a fine not to exceed $2,000.00.

(2)

Civil actions. The director is hereby authorized to enforce this chapter by civil court actions in accordance with the procedures therefor provided by state or federal law, including, without limitation, actions for injunction, damages, declaratory relief or other remedies that the director shall deem appropriate to pursue.

(3)

Civil penalties. Notwithstanding any other provisions of this chapter, if:

a.

A person has received actual notice of the provisions of this chapter; and

b.

After the person received notice of the provisions of this article, such person committed or continued acts in violation of this article or failed to take action necessary for compliance with this article, the city attorney may initiate a suit against the owner, occupant, or manager of premises that are in violation of this chapter, to recover a civil penalty not to exceed $1,000.00 per day for each such violation. Each day or fractional part thereof that such noncompliance continues shall constitute a separate violation for which civil penalties shall accrue under this chapter. Water service may be discontinued if violations are not corrected within five days of notification by the director.

A suit for civil penalties hereunder shall not prevent nor be a prerequisite for taking any other action against a person in violation of this article. Such suit may also include therein a request for such other and further relief as the city attorney shall deem advisable including, without limitation, an action for injunction or claim for damages to recover for expenses, loss, or damage to city property occasioned by reason of such violation.

(4)

Remedies cumulative. All remedies authorized under this article are cumulative of all others unless otherwise expressly provided. Accordingly, the filing of a criminal action shall not preclude the pursuit of a civil or administrative action for violation of this article nor shall the filing of a civil action preclude the pursuit of any other action or remedy, administrative or criminal.

(5)

Persons responsible. A person is responsible for a violation of this article if:

a.

The person commits or assists in the commission of a violation; or

b.

The person is the owner, occupant, or manager of the property or facilities is determined to be the source of a violation of this article.

(6)

Tenant responsibility. Where an owner of property leases or rents the same to any person as tenant or lessee, the owner or tenant or both may be held responsible by the director for noncompliance with the provisions of this article.

(7)

Expenses, loss or damage. Any person violating the provisions of this article shall be liable to the city for all expenses, loss, or damage incurred by the city by reason of such violation.

(8)

Failure to annually test. If the responsible party fails to have annual testing performed as required by this ordinance, the director may contract with a registered certified backflow prevention assembly technician to perform annual testing requirements and charge the customer for said expense(s) included with the monthly water bill. Nonpayment of this special billing shall be grounds for termination of service in accordance with this Code. The customer shall complete repairs and a re-certification of said assembly(s) within five days of a failed annual "test." Failure to repair defective backflow prevention assembly(s) within the appropriate time will result in notification to remove said service connection.

(9)

Water service. The director may refuse or discontinue water service if a backflow prevention assembly is not installed, certified for operation, repaired or replaced as required under this chapter.

(10)

Certificate of occupancy. The director may require submittal of complete test and maintenance reports to the utility of any testable backflow prevention device installed prior to final release of water or wastewater inspections. Failure to secure final release of water or wastewater connections shall result in placement of a hold on the issuance of the certificate of occupancy from the department of planning and development.

(c)

Sanction for failure to pay inspection fees in addition to sanctions provided for by this article, the city is entitled to exercise sanctions provided for by other ordinances of the city.

(d)

Revocation of tester's registration A certified tester's registration may be reviewed and revoked by the city if the regulatory authority determines that the tester:

(1)

Has falsely, incompletely, or inaccurately reported assembly reports;

(2)

Has used inaccurate gauges;

(3)

Has used improper testing procedures; or

(4)

Has created a threat to public health or the environment.

(Ord. No. O-98-057-11, § 1, 1-11-99)