§ 13-83. Enforcement; civil and criminal.

(a)

The city hereby elects to exercise the authority vested in it under the Texas Clean Air Act relative to the enforcement of the Act and this article.

(b)

The control director, and the director's agents and employees are authorized to inspect the air and to go in and on public and private property within the area of the director's jurisdiction, as defined in section 13-74, to determine whether or not the level of any air contaminant in the area meets the level set for the air contaminant by the state board or by this article; and may make inspections in the same manner and under the same provisions and restrictions as are applicable to the state board to determine whether or not the emission of any air contaminant from any source meets the level set for the air contaminant by this article, or by the state board, and whether or not a person is complying with this article or with the Act or a rule, regulation, order, or determination of the state board issued under the provisions of the Act.

(c)

Any person who violates any provision of this article or of any operating certificate or conditional operating certificate issued hereunder is guilty of a misdemeanor and upon conviction shall be fined as provided in section 1-8, and each day any violation shall continue shall constitute a separate offense. A violation of the provisions of this article shall constitute a nuisance.

(d)

The city attorney is authorized to institute and prosecute civil actions in the appropriate district courts, as provided in section 4.03 of the Act as codified, for injunctive relief to prevent any further violations of this article or of the Act or rules, regulations, determinations, or orders of the board. Nothing herein deprives any official, agent, or employee of the city, the same as any other private citizen, of the right to file a misdemeanor complaint for a violation of this article.

(e)

It is the policy of the city, to the extent possible under applicable laws and ordinances and within budgetary limitations, for the officials, agents, and employees of the city to cooperate with the state board in the air pollution control work of the state board.

(Code 1964, Amended, § 15.33(A))