§ 98-587. Judicial enforcement remedies.

(a)

Civil Remedies.

(1)

The City may invoke Sections 54.012—54.017 of the Texas Local Government Code and petition the State district court or the county court at law of Tarrant County, through the City Attorney, for either the injunctive relief or the civil penalties specified in this Article, or both the specified injunctive relief and civil penalties whenever it appears that a person has violated, or continues to violate, any provision of this article.

(2)

Pursuant to Section 54.016 of the Texas Local Government Code, the City may obtain against the owner or the operator of a facility a temporary or permanent injunction, as appropriate, that:

a.

Prohibits any conduct that violates any provision of this Article; or

b.

Compels the specific performance of any action that is necessary for compliance with any provision of this article.

(b)

Criminal Penalties.

(1)

Any person who has violated any provision of this Article, or any order issued hereunder, shall be strictly liable for such violation regardless of the presence or absence of a culpable mental state and shall, upon conviction, be subject to a fine of not more than $2000.00 per violation, per day, or any greater fine authorized by State statute.

(2)

Any person who has knowingly made any false statement, representation, or certification in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this Article, or any order issued hereunder, or who has falsified, tampered with, or knowingly rendered inaccurate any monitoring device or method required under this Article shall, upon conviction, be subject to a fine of not more than $2000.00 per violation, per day, or any greater fine authorized by State statute.

(3)

In determining the amount of any fine imposed hereunder, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the violation, corrective actions by the violator, the compliance history of the violator, the knowledge, intent, negligence, or other state of mind of the violator, and any other factor as justice requires.

(c)

Remedies Nonexclusive. The remedies provided for in this Article are not exclusive of any other remedies that the City may have under state or federal law or other City ordinances. The City may take any, all, or any combination of these actions against a violator. The City is empowered to take more than one enforcement action against any violator. These actions may be taken concurrently.

(Ord. No. O-2009-025-11, § 1, 11-16-09)