§ 138-477. Penalty.

(a)

It shall be unlawful and an offense for any person to do the following:

(1)

Engage in any activity not permitted by the terms of an oil, gas, or combined well permit issued under this article;

(2)

Fail to comply with any condition set forth in an oil, gas, or combined well permit issued under this article; or

(3)

Violate any provision or requirement set forth under this article.

(b)

Any violation of this article shall be punished by a fine of not more than $500.00 per violation per day, subject to applicable state law. Each day that a violation exists shall constitute a separate offense.

(c)

Any violation of this article that governs fire safety, public health, and/or sanitation, including dumping, refuse, or discharge, shall be punished by a fine not exceeding $2,000.00 per violation per day, subject to applicable state law. Each day that a violation exists shall constitute a separate offense.

(d)

The penalty provided herein shall be cumulative of other remedies provided by state law, including, but not limited to, the recovery of civil penalties under V.T.C.A., Local Government Code ch. 54, subch. B. The city may institute any appropriate action or proceeding in a court of competent jurisdiction to enjoin the violation of this article. The power of injunction may be exercised in enforcing this article whether or not there has been a criminal complaint filed.

(Ord. No. 2007-06-056, § 2(39-341), 6-5-2007)