§ 6-4-42. PENALTY.

(A)

A person commits an offense if the person directs, performs, authorizes, requests, allows, assists, facilitates, or permits an act prohibited by this chapter or fails to perform an act required by this chapter. Each instance of a violation of this chapter is a separate offense.

(B)

An offense under this chapter may be enforced as an administrative violation as authorized by Texas Local Government Code Chapter 54 and all penalties related to administrative liability for such violations at the service location automatically added to the water service account pursuant to the approved fee schedule published by the director, or approved pursuant to Section 6-4-44 ( Non-Administrative Enforcement ), unless the account holder opts out of the automatic administrative fee additions to the account on a form provided by the director not later than January 1 of each year or within 30 days of establishing an account with Austin Water Utility, whichever is sooner.

(C)

A person alleged to be in violation of a requirement of this chapter shall receive notice in writing that shall, at a minimum, contain:

(1)

the name of the responsible person ;

(2)

the address of the alleged violation;

(3)

a description of the alleged violation;

(4)

notice of the administrative penalty assessment to the next monthly utility statement; and

(5)

information on the appeal process.

(D)

Notice shall be delivered via United States Postal Service first class mail or the customer's email address if the customer consents to service of such administrative assessment notices by email. Notice is presumed valid and received when forwarded to the postal or email address on file with Austin Water Utility for the water service account holder.

Source: Ord. 20120816-004.