§ 12-90. Penalty upon failure to comply.

(a)

Any person violating or failing to comply with any provision or requirement of this article, who continues to violate or fail to comply with same after ten days after notice is given and received, shall also be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed two hundred dollars ($200.00), such offenses being violations of the health and safety ordinance of the city. A separate offense shall be deemed committed upon each day during or on which a violation or failure to comply occurs or continues to occur. This section shall be in addition to and cumulative of the provisions for abatement of the nuisance by the city and charging the cost of same against the owner of the property.

(b)

Notwithstanding the foregoing, any violation of any provision of this article which constitutes an immediate danger or threat to the health, safety and welfare of the public may be enjoined in a suit brought by the city for such purpose.

(c)

In addition to any other remedies or penalties contained herein, the city may enforce the provisions of this article pursuant to the applicable provisions of Chapter 54 of the Texas Local Government Code, which chapter provides for the enforcement of municipal ordinances.

(d)

Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this article.

(Ord. No. 2010-02, § 11, 1-11-2010)