State Law reference— Zoning commission, V.T.C.A., Local Government Code § 211.007.

1.

The commission shall consist of seven members appointed by the city council to serve two-year terms. Effective September 30, 2021, the commission shall consist of seven members appointed by the city council to serve three-year terms. To provide for a transition from two-year terms of office to three-year terms office and to provide for staggered appointments of the commissioners, the appointment of commissioners identified by the city secretary as places 1, 3, and 5 for full terms commencing on or after September 30, 2021, shall be appointed to serve three-year terms, the appointment of commissioners identified by the city secretary as places 4 and 6 for full terms commencing on and after September 30, 2022 shall be appointed to serve three-year terms, the appointment of the commissioner identified by the city secretary as place 7 for a full term commencing on September 30, 2021 shall be appointed to serve an initial term of two-years and commencing on and after September 30, 2023 shall be appointed to serve three-year terms, and the appointment of the commissioner identified by the city secretary as place 2 for a full term commencing September 30, 2022 shall be appointed to serve an initial term of 1-year and commencing on and after September 30, 2023 the commissioner identified by the city secretary as place 2 shall be appointed to serve three-year terms.

2.

Four members of the commission shall constitute a quorum and all members, including the chairperson, shall have the right of one vote each, a quorum being present. All actions of the commission shall be by a majority vote of those members present and an affirmative vote of four members shall be necessary for the passage of any recommendations to the city council.

3.

The commission shall elect a chairperson and vice-chairperson annually at the first regular meeting in October and each officer shall serve for a period of one year or until his successor is elected.

a.

Chairperson. The chairperson shall preside at all meetings when he is present, and shall implement any practice or procedure in the calling of meetings, conduct of meetings, or reporting of activities, that he considers in the best interest of the commission and shall inform or consult with the city council when requested and at such times when it deems necessary.

b.

Vice-chairperson. The vice-chairperson shall assist the chairperson in directing the affairs of the commission and shall preside in the absence of the chairperson.

c.

Director of planning and development. The director of planning and development shall be responsible for keeping of minutes of all commission meetings, maintaining the records of the commission, and for delivery and posting of notices.

4.

The commission shall establish its own rules and procedures and conduct such meetings as may be required to fulfill its responsibilities. All meetings shall be conducted in accordance with the Texas Open Meetings Act.

5.

The commission shall meet in the city hall or other specified location at such times as may be designated by the chairperson and at such intervals as may be necessary to transact the business of the commission in a proper and orderly manner, but not less than once each month.

(Ord. No. 3832-6-21, § 1, 6-8-2021)

1.

The commission shall have the following powers and duties:

a.

To review and approve or disapprove subdivision plats.

b.

To act as the capital improvements advisory committee, relating to impact fees.

c.

To hold public hearings and to make recommendations to the city council, prior to any consideration by the city council, on any of the following:

i.

Any plan or proposal affecting land development including the comprehensive plan and the major thoroughfare plan;

ii.

Initial zoning of any tract;

iii.

Any change or amendment to any zoning provision or regulation;

iv.

Any change or amendment to the zoning district map, or any change in any zoning district boundary.

2.

The planning and zoning commission may, on its own initiative, by direction of the city council or at the request of any property owner, conduct a public hearing on any proposed change or amendment to any zoning regulation as provided herein.

State Law reference— Board of adjustment, V.T.C.A., Local Government Code § 211.008 et seq.

The board of adjustment is established in accordance with the provisions of V.T.C.A., Local Government Code § 211.008 et seq., regarding the zoning of cities and with the powers and duties as provided in said statutes.

1.

Organization.

a.

Membership. The board shall consist of five members and at least two alternates, to be appointed by the city council. Regular members and alternate members of the board shall serve for a period of two years and until their successors are appointed and qualified.

b.

Alternates. Alternate members of the board shall serve in the absence of one or more regular members when requested. An alternate board member serves upon the same terms and conditions as a regular board member.

c.

Vacancies. Members of the board may be removed for just cause by the city council upon a written charge and after public hearing. Vacancies shall be filled by appointment of the city council by a majority vote for the unexpired term.

d.

Officers. The board shall elect its own chairperson, a first vice-chairperson, and a second vice-chairperson, who shall serve for a period of one year or until a successor is elected. The chairperson or the acting chairperson may administer oaths and compel attendance of witnesses. The chairperson shall preside over meetings and shall be entitled to vote upon each issue. In the absence of the chairperson, the first vice-chairperson or the second vice-chairperson, respectively, shall serve as the acting chairperson and preside over the meeting of the board.

2.

Administration and procedures.

a.

Application. An application requesting an appeal, variance or special exception shall be on a form provided by the city and shall be accompanied by the required fee.

b.

Notice and hearing. The board shall fix a reasonable time for the hearing of requests (for appeals, see section 2.02.2), and shall give notice thereof by depositing such notice in the mail addressed to the applicant, by publishing notice of such hearing in a newspaper of general circulation in the city, and, in the case of an application requesting a variance or special exception relating to specific property, to the owners of real property lying within 200 feet of the property, according to the current tax rolls of the city. Both the mailed and published notice shall be given not less than ten days prior to the date of the hearing.

c.

Meetings. Meetings of the board shall be open to the public in accordance with the Texas Open Meetings Act and held at the call of the chairperson and at such times as the board may determine. Any person may appear in person or by agent.

d.

Quorum. Each case before the board must be heard by at least four members.

e.

Voting. The concurring vote four members of the board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, to grant a variance, or to decide in favor of the applicant on any matter upon which the board is required to act under this Code.

f.

Rules.

i.

All rules and regulations adopted by the board shall be reviewed and approved by the city council.

ii.

The director of community development or designee shall keep minutes of board proceedings, showing the vote of each member or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the department of community development and shall be a public record.

iii.

No member of the board shall hold a meeting or communicate with an applicant or member of the public regarding a pending application or appeal outside of a public hearing.

(Ord. No. 2340-10-04, § 1, 10-12-2004; Ord. No. 3697-8-19, § 1.A, 8-27-2019)

The board shall have the following powers and shall have the power to impose reasonable conditions to ensure compliance and protect adjacent property, and to hear and decide the following.

1.

Appeal of an administrative decision.

a.

Authority. The board may hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this Code.

b.

Appeal submittal. The appeal must be filed not later than the 20th day after the date the decision is made. The appellant must file with the board, and the official from whom the appeal is taken, a notice of appeal specifying the grounds for the appeal. The officer from whom the appeal is taken shall immediately transmit to the board all papers constituting the record from which the appeal is taken.

c.

Who may appeal—Non-specific matter. Any of the following people may appeal to the board a decision made by an administrative official that is not related to a specific application, address, or project:

i.

A person aggrieved by the decision; or

ii.

Any officer, department, board, or bureau of the city affected by the decision.

d.

Who may appeal—Specific matter. Any of the following people may appeal to the board a decision made by an administrative official that is related to a specific application, address, or project:

i.

A person who:

(a)

Filed the application that is the subject of the decision;

(b)

Is the owner or representative of the owner of the property that is the subject of the decision; or

(c)

Is aggrieved by the decision and is the owner of real property within 200 feet of the property that is the subject of the decision; or

ii.

Any officer, department, board, or bureau of the city affected by the decision.

e.

Decision by board. The board shall decide the appeal at the next meeting for which notice can be provided, and, in any case, not later than the 60th day after the date the appeal is filed. The board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the board has the same authority as the administrative official.

f.

Stay of proceedings. An appeal stays all proceedings in furtherance of the action to which the appeal is related unless the official certifies in writing to the board that facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings shall not be stayed except by a restraining order, which may be granted by the board or by a court after notice to the official if due cause is shown.

2.

Variances. The board may authorize in specific cases a variance from the terms of a zoning ordinance if:

a.

The variance is not contrary to the public interest; and

b.

Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship; and

c.

The unnecessary hardship, if any, is neither self-created nor personal to the owner of the parcel of land; and

d.

The requested variance is not needed merely to promote economic gain or to prevent economic loss; and

e.

The spirit of the ordinance is observed and substantial justice is done.

3.

Special exception. The board may hear and decide the following special exceptions:

a.

To permit a public utility or public service or structure in any zoning district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the zoning district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare.

b.

To permit the reconstruction of a nonconforming building or a building containing a nonconforming use damaged by explosion, fire, act of God, or other casualty when the cost to reconstruct such building exceeds 50 percent, but less than the total, of its fair market value, where the board finds a compelling necessity requiring a continuance of the nonconforming use or structure.

4.

Limitations. The board shall have no authority to grant a zoning amendment or to grant or modify specific use permits or planned development districts or to change any provisions of this Code. In the event a request for a zoning amendment is pending before the commission or city council, the board shall neither hear nor grant any variances with respect to the property until final disposition of the application for zoning amendment. The board shall not grant a variance for any parcel of property or portion thereof upon which a site plan, preliminary plat or final plat (where required) is pending before the commission or the city council. All administrative remedies shall have been exhausted prior to hearing by the board.

5.

Appeal of a board decision. The board's decision is final unless appealed to district court not later than ten days after the board's decision is filed in the office of the director of community development. Such appeal must be made in accordance with Chapter 211 of the Texas Local Government Code. The board's decision is deemed to be filed in the office of the director of community development when the board votes and makes its final decision in open session and the chairperson has signed the form acknowledging the decision of the board.

(Ord. No. 3697-8-19, § 1.A, 8-27-2019)

State Law reference— Regulation of signs by home-rule municipalities, V.T.C.A., Local Government Code § 216.901 et seq.

1.

There is hereby established sign control board. The regular and alternate members of the board of adjustment shall constitute the membership of the sign control board, all of whom shall be authorized to participate and vote on all matters coming before said board.

2.

The term of appointment shall be for two years or until a successor is appointed. A member shall be eligible for reappointment. In the event of a vacancy, the city council shall appoint a member to serve the unexpired term.

3.

The sign control board shall elect its own officers and each officer shall serve for a period of one year or until the successor is elected.

a.

Chairperson. The chairperson shall preside at all meetings when present. The chairperson shall implement any practice or procedure in the call or conduct of meetings in the best interest of the board and shall consult with the city council when requested and at such times when deemed appropriate.

b.

Vice-chairperson. The vice-chairperson shall preside in the absence of the chairperson in directing the total affairs of the board.

c.

Director of planning. The director of planning shall keep the minutes of all meetings of the board, maintain all records of board decisions, and deliver and post notice of hearings.

4.

A majority of the members shall constitute a quorum. In the event of the absence of the chairperson and vice-chairperson, the members constituting the quorum shall elect for that meeting from the members present a member to preside as acting chairperson. All motions shall be decided by a majority of the members present. A tie vote shall constitute a failure of the motion.

5.

The sign control board shall meet as required to conduct their duties. All stated meetings shall be open to the public. The sign control board shall establish the dates, time, and place of meetings. All proceedings of the sign control board shall be recorded and minutes of the meeting kept as a public record.

(Ord. No. 2222-9-03, 9-23-2003; Ord. No. 2340-10-04, § 1, 10-12-2004; Ord. No. 3177-9-13, § 1, 9-24-2013)

The sign control board shall have the following powers and perform the following duties:

1.

The city council authorized the sign control board to sit as a board of appeals in public hearing for purpose of this Code. In considering the requests for variation to requirements of the sign regulations, the sign control board shall consider, but not be limited to, the degree of variance, the reasons for variance requested, the location of variance request, the duration of the requested variance, the effect on public safety, protection of neighborhood property, the degree of hardship or injustice involved, and the effect of the variance on the general plan for signing within the city. The sign control board shall grant the variance requested, grant a variance of a greater or lesser nature than requested, or deny a variance request.

2.

The sign control board shall have the authority to grant variances to the sign regulations regarding height, area, or bulk pursuant to an application submitted pursuant to section 2.03.3 based on the criteria for review set forth in subsection 1. of this section. The decision of the sign control board to grant or deny a requested variance shall become final unless an appeal of the decision is made to the city council by the applicant or by any officer, department director, board, or commission of the city affected by the decision not later than the tenth day following the date of the sign control board decision by delivery of a written application of appeal to the director. Subject to applicable requirements of the Texas Open Meetings Act, an appeal to the city council shall be heard at the first possible regular meeting of the city council following the date the application for appeal is received.

3.

The sign control board shall conduct continuing studies of sign ordinances in neighboring municipalities as well as other cities where such study will assist in upgrading the function of signing within the city and make recommendations to the city council where appropriate.

4.

The sign control board will conduct a continual review of all nonconforming signs and all variances granted and determine their desirability and effects upon the neighborhood and city and make recommendations to the city council where appropriate.

5.

The sign control board will evaluate new signing techniques as such are developed and recommend to the city council their benefits or disadvantages in the city.

6.

A specific sign plan can be submitted for a new or existing development upon request of the developer. If it is in conformance with this Code, it shall be approved by staff. If variances are requested to the provisions of the sign regulations, it shall follow the variance procedures outlined in section 2.03.3.

7.

The sign control board shall have the authority to consider a sign permit for any development that in the opinion of the director of planning and development requires the review of the sign control board.

8.

The sign control board shall conduct studies, prepare opinions and general plans as requested by the city council.

9.

The sign control board shall perform any duties specified elsewhere in this Code.

10.

The sign control board may, from time to time, recommend to the city council amendments or changes to the provisions of the sign regulations.

(Ord. No. 2900-3-10, § 1, 3-23-2010)

1.

An application for a variance to the sign regulations regarding height, area, or bulk shall be on a form provided by the city and shall be accompanied by the required fee. Such application for variance may cover more than one sign, but shall apply to only one applicant and one location. The notification for a variance application must appear in the official newspaper of the city at least seven days prior to the date on which the request is heard by the sign control board. The variation application must contain the following information:

a.

Name, address, and telephone number of the applicant.

b.

Location of building, structure or lot to which or upon which the sign is to be attached or erected.

c.

Position of the sign in relation to nearby buildings or structures, including other signs.

d.

The zoning classification of the property on which the sign is to be located. Also, the zoning classification of all property within 250 feet of the sign location.

e.

The specific variation requested and the reasons and justification for such requests.

2.

The chief building official shall inspect annually, or at such other times as he deems necessary, each sign regulated by this Code for the purpose of ascertaining whether the same is secure or insecure, whether it still serves a useful purpose and whether it is in need of removal or repair.

3.

The owner of the sign, the owner of the land or structure, or the person in charge of erecting, altering, replacing, relocating, or repairing the sign or structure are all subject to the provisions of this Code and therefore subject to the penalty hereinafter provided.

4.

In the event the owner of the sign, land or structure, or person in charge of erecting, altering, replacing, relocating, or repairing the sign or structure, fails to comply with the provisions of this Code, the chief building official or his representative shall be authorized to issue notice to such owner or person in charge, and directing the abatement of violations of this Code within a ten-day period. This notice shall be in writing and may be served to the owner or person in charge by regular mail addressed to his post office address or address from other official record of the city or county, or by publication two times within ten days in the official newspaper of the city. It shall be further provided that in the event the owner or person in charge, as stated in this Code, fails to comply with the provisions of this Code within ten days after proper notice, as provided in this section, the chief building official, or his representative, shall be authorized to abate all violations of this Code and shall charge all expenses to the owner of such property. The expenses assessed to the owner shall be actual removal expenses, but not less than $25.00, plus a special fee of $50.00 to cover administrative costs. Payment is due and is considered delinquent if not received by the city within 30 days. In the event the owner fails or refuses to pay such expenses within 30 days, the city shall file with the county clerk of Collin County, Texas, a statement of said costs. The city shall have a privileged lien on the premises, second only to tax liens and liens for street improvements, to receive the costs so made and ten percent per annum interest on the amount from the date the city incurs the expense. For any such costs, and interest, suit may be instituted in the name of the city, and the statement of costs, as provided in this Code, shall be prima facie proof of the costs expended in such work.

(Ord. No. 3125-11-12, § 10, 11-27-2012)

State Law reference— Building and standards commission, V.T.C.A., Local Government Code § 54.033.

1.

Pursuant to the authority of the V.T.C.A., Local Government Code ch. 54, subch. C, as amended, there is hereby created the building and standards commission to hear and determine cases concerning alleged violations of ordinances. The regular and alternate members of the board of adjustment shall constitute the membership of the building and standards commission, all of whom shall be authorized to participate and vote on all matters coming before the commission.

2.

Each member of the building and standards commission must be a resident of the city and should be knowledgeable and/or experienced with the building, plumbing, mechanical, electrical and fire codes adopted by the city.

3.

Members of the building and standards commission will be appointed for a term of two years. In the event of a vacancy, a replacement will be appointed for the remaining unexpired term.

4.

Each year, the members of the building and standards commission shall select a chairperson and vice-chairperson of the commission and commission panels, if established, who shall serve for a term of one year in said office.

5.

The city council may remove any member of the building and standards commission for cause on a written charge. Before a decision regarding the removal is made, the city council must hold a public hearing on the matter if requested by the commission member subject to the removal action.

6.

The creation of the building and standards commission does not affect the authority of the city to proceed under the jurisdiction of the municipal court.

7.

The building and standards commission may, from time to time, appoint from its membership one or more panels consisting of at least five members of the commission to consider and dispose of matters within the jurisdiction of the commission.

(Ord. No. 3177-9-13, § 2, 9-24-2013)

1.

The building and standards commission shall have the following powers and duties:

a.

Perform the functions and powers specified in V.T.C.A., Local Government Code ch. 54, subch. C, as amended;

b.

Declare a building substandard in accordance with the powers granted by this Code and V.T.C.A., Local Government Code ch. 54, subch. C, as amended;

c.

Determine the amount and duration of civil penalty the city may recover as provided by V.T.C.A., Local Government Code § 54.017, as amended;

d.

Order, in an appropriate case, the immediate removal of persons or property found on private property, enter on private property to secure the removal if it is determined that conditions exist on the property that constitute a violation of an ordinance. The removal may be accomplished by use of city forces or a private transfer company if the owner of the personal property is not known, or the whereabouts of the owner cannot be ascertained, or the owner fails to remove the personal property. The building and standards commission may cause any personal property removed to be stored in the care and custody of a bonded warehouse facility. The costs of removal and storage are the responsibility of the owner of the personal property. The commission may order action to be taken as necessary to remedy, alleviate, or remove any substandard building found to exist;

e.

Issue orders or directives to any peace officer of the state, including a sheriff, constable or the chief of police of the city, to enforce and carry out lawful orders or directives of the building and standards commission panel;

f.

Require the reduction of occupancy load or the number of tenants or occupants of an overcrowded structure or vacation of a structure that is reasonably dangerous to the health, safety, or welfare of the tenants or occupants;

g.

Order the removal or demolition of a structure found to be in violation of an ordinance; or as an alternative to demolition, order repair of the structure by the owner, lienholder or mortgagee and grant a reasonable period of time, in which the owner, lienholder or mortgagee is to comply with the determination or order;

h.

Require a vacant structure or vacant portion of a structure constituting a dangerous condition or nuisance be securely closed and made safe;

i.

Require or cause the correction of a dangerous condition on land. Correction of a dangerous condition may be accomplished by city forces or private contract. Costs of correction are the responsibility of the owner;

j.

Uphold the determination and order of the appropriate enforcement authority of the city;

k.

Find that a structure or building is not substandard and/or an unsafe building and refer the matter to the appropriate enforcement authority of the city for further appropriate action;

l.

Adopt rules not inconsistent with the ordinances of the city adopted pursuant to V.T.C.A., Local Government Code ch. 54, subch. C, as amended;

m.

Serve as the board of appeals to hear and decide appeals of orders, decisions and determinations made by the chief building official, fire marshal, or the fire chief, as the case may be, relative to the application and interpretation of, the building, plumbing, mechanical, electrical, housing, dangerous buildings, swimming pool and fire codes adopted by the city.

2.

Notwithstanding the provisions of subsection 1. of this section, the building and standards commission shall have no authority to interpret the administrative organization and enforcement provisions to, nor shall it be empowered to waive any requirements of, the building, plumbing, mechanical, electrical, housing, dangerous building, swimming pool, life safety, health, or fire codes, as adopted and/or amended by the city.

1.

The majority of the members of the building and standards commission shall constitute a quorum for purposes of holding meetings and conducting the business of the full commission. All cases to be heard by the building and standards commission may be heard by the entire commission or a panel of the commission. If a matter is to be considered by a commission panel, at least four members of the commission panel must be present to hear a case submitted to the panel for disposition. To approve any action within the authority of the building and standards commission or a commission panel:

a.

With respect to matters considered by the entire commission, the concurring vote of a majority of the members of the commission present is required; and

b.

With respect to matters considered by a commission panel, the concurring vote of a majority of the members of the commission panel present is required.

2.

A majority of the members of the building and standards commission shall adopt rules for the entire commission in accordance with any ordinances adopted by the city pursuant to V.T.C.A., Local Government Code ch. 54, subch. C, as amended.

3.

Each building and standards commission panel shall keep minutes of its proceedings showing the vote of each member on each question or the fact that a member is absent or fails to vote. Each building and standards commission panel shall keep records of its examinations and other official actions. The records and minutes shall be filed immediately in the office of the building and standards commission as public records.

4.

Each building and standards commission panel shall be held at the call of the chairperson, or in his absence the vice-chairperson, of each panel, or at other times as determined by the commission. Each chairperson, or in his absence the vice-chairperson, of a panel may administer oaths and compel the attendance of witnesses. All meetings of the building and standards commission and its panel shall be opened to the public.

5.

Any building and standards commission member having any personal or financial interest in a case or hearing before the commission shall, upon filing a declaration of such fact with the secretary of the commission, be automatically excused from the meeting in which the interests are involved. It shall be considered misconduct and cause for removal from the building and standards commission for any member to participate in any case or hearing in which he or she has a personal or financial interest.

6.

The chief building official or his designated representative shall present all cases before the building and standards commission panels and shall act as the secretary to the commission, but shall not be a member. The secretary shall keep a record of the cases, activities, and actions of the building and standards commission panels and its determinations, give notice of the date and time of hearings, and perform such other duties as are consistent with or may be necessary for the enforcement of this article.

7.

If no appeals are taken from the decision of the building and standards commission panel within the required period, the decision is in all things final and binding.

(Ord. No. 3177-9-13, § 3, 9-24-2013)

State Law reference— Proceedings of commission panels, V.T.C.A., Local Government Code § 54.033.

1.

Notice of all proceedings before the building and standards commission panels must be given:

a.

By certified mail, return receipt requested, to the record owners of the affected property, sent to the last known address, and each holder of a recorded lien against the affected property, as shown by the records in the office of the county clerk of the county in which the affected property is located, if the address of the lienholder can be ascertained from the deed of trust establishing the lien and/or other applicable instruments on file in the office of the county clerk; and

b.

To all unknown owners, by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front door as practicable.

2.

The notice shall be mailed and posted on or before the tenth day before the date of the hearing before the building and standards commission panel. In addition, the notice must be published in a newspaper of general circulation in the city on one occasion on or before the tenth day before the date fixed for the hearing.

3.

Notice of the proceeding shall contain the following:

a.

The street address and legal descriptions sufficient for identification of the premises upon which the building or structure is located;

b.

A description of the alleged violation present at the building or structure which renders it dangerous and substandard;

c.

The date, time and place of the hearing before the building and standards commission panel; and

d.

A statement that the city will seek the repair, removal, closure or demolition of the building or structure or seek the vacation or relocation of the tenants or occupants of the building or structure.

4.

If the notice sent to the last known address of the person being notified is returned undelivered, the chief building official may serve the notice personally if the whereabouts of said person is known. If the notice sent to an owner is returned undelivered and, after diligent search, the chief building official is unable to discover a correct address for the owner, or is unable to serve the owner personally, then the chief building official shall serve the notice by publication in the official newspaper of the city at least five days before the hearing.

State Law reference— Notice, V.T.C.A., Local Government Code § 54.035.

1.

Once a decision is made by a building and standards commission panel, the person affected by it may appeal the decision to the state district court by filing a petition with the district court, duly verified, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality, within 30 calendar days after the date a copy of the final decision of the building and standards commission panel is mailed by first class mail, certified return receipt requested, to all persons whom notice is required to be sent. The building and standards commission panel shall mail that copy promptly after the decision becomes final. In addition, an abbreviated copy of the decision shall be published one time in a newspaper of general circulation in the city within ten calendar days after the date of the mailing of the copy, as provided herein, including the street address or legal description of the property, the date of the hearing, a brief statement indicating the results of the order, and instructions stating where a complete copy of the order may be obtained, and a copy shall be filed in the office of the city secretary.

2.

On presentation of the petition, the district court may allow a writ of certiorari, pursuant to V.T.C.A., Local Government Code ch. 54, subch. (C), as amended, directed to the building and standards commission panel to review the decision of the commission panel and shall prescribe in the writ the time, which may not be less than ten days, within which a return of the writ must be made and served on the realtor or the realtor's attorney.

3.

The building and standards commission panel may not be required to return the original papers acted on by it. It shall be sufficient for the commission panel to return certified or sworn copies of the papers or parts of the papers, as may be called for by the writ.

4.

The return on the writ must concisely set forth other facts as may be pertinent and material to show the grounds for the decision appealed from and shall be verified.

5.

The allowance of the writ does not stay proceedings on the decision appealed from.

6.

The district court's review shall be limited to a hearing under the substantial evidence rule. The court may reverse or affirm, in whole or in part, or may modify the decision brought up for review.

7.

Costs shall not be imposed against the building and standards commission.

8.

If the decision of the building and standards commission panel is affirmed or not substantially reversed but only modified, the district court shall grant to the city all attorney's fees and other costs and expenses incurred by it and shall enter a judgment for those items, which may be entered against the property owners, as well as persons found to be in occupation of the property subject to the proceedings before the building and standards commission panel.

State Law reference— Judicial review, V.T.C.A., Local Government Code § 54.039.

1.

A person commits an offense if the person fails to comply with the building and standards commission panel order.

2.

It is the defense to prosecution under subsection 1. of this section that the building and standards commission panel order has been appealed to the state district court.

The planning and development department, through the director of planning and development, shall have the following responsibilities:

1.

To advise the building and standards commission and the city council concerning the administration and enforcement of this Code;

2.

To implement the provisions of this Code in conformance with the directives of the city council and this Code;

3.

To advise the commission on the development of plans affecting land use;

4.

To regularly update the official zoning map;

5.

To make recommendations concerning proposed changes and amendments to zoning regulations and the official zoning map; and

6.

To review site plans for conformance with the requirements of this Code.

1.

The chief building official shall have the following responsibilities:

a.

To review all plans for construction for conformance with this Code and to administer the provisions of building codes adopted by the council;

b.

To make recommendations concerning amendments to the adopted building codes;

2.

Whenever any construction work is being done contrary to the provisions of this Code, the chief building official may order the work stopped by notice in writing served on the owner or contractor doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the chief building official.

3.

The chief building official shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary to carry out his duties in the enforcement of this Code; provided that if such structure or property is occupied, the chief building official shall first present proper credentials and request entry, and if such entry is refused, the enforcement authority shall have recourse to every remedy provided by law to secure entry.

4.

Except for provisions of the International Fire Code and its amendments as adopted pursuant to sections 3.01 and 3.04 of this Code, the chief building official shall have authority to:

a.

Establish policies, guidelines and/or standards regarding the application and enforcement of provisions of the building regulations adopted pursuant to article III of this Code that are subject to the standardization of construction methods and/or local interpretation; and

b.

Establish policies, guidelines and/or standards to provide for consistent application of the building regulations adopted pursuant article III of this Code with federal, state, and/or county laws, rules, regulations, and/or orders.

(Ord. No. 3482-6-17, § 2, 6-27-2017)