Baytown City Zoning Code

ARTICLE 9

Enforcement, Violations, and Penalties

Sec. 9.11 Purpose

Compliance Required. No person may use, occupy or develop land, buildings or other structures or authorize or permit the use, occupancy or development of land or buildings or other structures except in accordance with all sections of this ULDC.

Continuation of Prior Enforcement Actions.

1.
Nothing in this ULDC shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to regulations in effect before the effective date of this ULDC.
2.
Enforcement actions initiated before the effective date of or amendments to this ULDC may be continued to completion or settlement under the terms of the regulations in effect prior to the effective date of this ULDC.
3.
Enforcement action concerning violations of the Code of Ordinances shall cease if the use, development, construction or other activity is consistent with the express terms of this ULDC, except to the extent of collecting penalties for convictions that occurred before the effective date of this ULDC.

Remedies Cumulative. The remedies and enforcement powers set out in this section shall not be considered exclusive remedies, but rather they shall be cumulative with all other remedies provided in this ULDC, in any other ordinance or by law.

Effective on: 1/1/1901

Sec. 9.12 Applicability

Citations. The Planning Director shall have the authority to issue citations for any violation of this ULDC.

Appropriate Action. In addition to the penalties and remedies provided in this Article the Planning Director may, in case of any violation of this ULDC, institute on behalf of the City any appropriate action to prevent, restrain, correct, or abate such violation(s) or prevent any illegal act, conduct, business, or use on or about the premises.

Right of Entry. The Building Official is empowered to enter any building, structure, or premises in the City upon which a development or land use is located, as follows:

1.
Inspection. Entry shall be for the purpose of inspection to ensure compliance;
2.
Hours. Inspection shall be performed during business hours, unless an emergency exists; and
3.
Permission. Inspection shall be made only after:
1. a.
  Permission is granted by the owner or tenant; or
2. b.
  An order is given from a court of competent jurisdiction.

Effective on: 1/1/1901

Sec. 9.13 Violations

Notice of Violation.

1.
Mailed Notice. The Planning Director shall send a violation notice by certified mail, postage prepaid, return receipt requested, to the property owner on which the violation is taking place.
2.
Contents of Notice. The notice shall contain:
1. a.
  Address. The address or location of property where the violation is alleged;
2. b.
  Violation Description. A description of the alleged violation with a reference of the section(s), subsection(s), or paragraphs(s) of this ULDC and/or conditions of approval being violated;
3. c.
  Required Actions. A statement of the action(s) that shall be taken to correct the violation;
4. d.
  Timeframe. A timeframe that shall not exceed 14 days to correct the violation. The Planning Director may grant an extension if the property owner is diligently working towards compliance with this ULDC. Persons with a cumulative total of more than three violations are not eligible for a time extension; and
5. e.
  Contact Information. Contact information for a person or department who can answer questions about the violation notice.
3.
Exemption. The Planning Director may institute the enforcement process without following the above notice provisions if the violation is likely to create an imminent hazard to life or property.
4.
Successive Days and Cumulative Penalties. Each violation of this ULDC and each day that the violation continues shall constitute a separate offense.

Correction. Correction of the violation in the manner stipulated by the violation notice at any point during the enforcement process shall deem the notice null and void, and enforcement activity shall cease.

Complaints. Any person may file a written complaint to the Planning Director on a suspected violation of this ULDC. The Planning Director shall record the complaint immediately, investigate, and take action as provided in this Article if a violation exists.

Effective on: 1/1/1901

Sec. 9.21 Non-Judicial

Withholding Permits. The City may deny or withhold all permits, approvals or other forms of authorization on any land or structure for which there is an uncorrected violation of a section of this ULDC or of a condition of a permit, certificate, approval or other authorization previously granted by the City Council, Planning and Zoning Commission or Board of Adjustment. In lieu of withholding or denying an authorization, the city may grant such authorization subject to the condition that the violation be corrected.

Stopping Work. With or without revoking permits, the City may stop work on any building or structure on any land on which there is an uncorrected violation of a section of this ULDC or of a permit or other form of authorization issued under this Chapter, in accordance with its power to stop work under its building codes.

Effective on: 1/1/1901

Sec. 9.22 Judicial

Generally. The Planning Director may seek the following judicial remedies, or any other judicial remedy as permitted by law to enforce this ULDC in any court of competent jurisdiction:

1.
Injunctive Relief. The city may seek an injunction in a court of competent jurisdiction to stop any violation of this ULDC. Such relief may include revocation or termination of permits for any reason. In any court proceeding in which the City seeks a preliminary injunction, it shall be presumed that a violation of this ULDC is, or could be, an injury to the public health, safety, or general welfare.
2.
Abatement. The City may seek a court order in the nature of mandamus, abatement, or other action allowable by law to abate or remove a violation, or to otherwise restore the premises in question to the condition in which it existed prior to a violation.

Effective on: 1/1/1901

Sec. 9.23 Penalties

Any person who violates any section of this ULDC shall be guilty, upon conviction, of a separate offense for each day or portion of a day during which the violation continues, which shall be punishable as provided in Sec. 1-14, General penalty; continuing violations, of the Code of Ordinances.

Effective on: 1/1/1901

Baytown City Zoning Code

ARTICLE 9

Enforcement, Violations, and Penalties

Sec. 9.11 Purpose

Continuation of Prior Enforcement Actions.

1.
Nothing in this ULDC shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to regulations in effect before the effective date of this ULDC.
2.
Enforcement actions initiated before the effective date of or amendments to this ULDC may be continued to completion or settlement under the terms of the regulations in effect prior to the effective date of this ULDC.
3.
Enforcement action concerning violations of the Code of Ordinances shall cease if the use, development, construction or other activity is consistent with the express terms of this ULDC, except to the extent of collecting penalties for convictions that occurred before the effective date of this ULDC.

Effective on: 1/1/1901

Sec. 9.12 Applicability

Citations. The Planning Director shall have the authority to issue citations for any violation of this ULDC.

Right of Entry. The Building Official is empowered to enter any building, structure, or premises in the City upon which a development or land use is located, as follows:

1.
Inspection. Entry shall be for the purpose of inspection to ensure compliance;
2.
Hours. Inspection shall be performed during business hours, unless an emergency exists; and
3.
Permission. Inspection shall be made only after:
1. a.
  Permission is granted by the owner or tenant; or
2. b.
  An order is given from a court of competent jurisdiction.

Effective on: 1/1/1901

Sec. 9.13 Violations

Notice of Violation.

1.
Mailed Notice. The Planning Director shall send a violation notice by certified mail, postage prepaid, return receipt requested, to the property owner on which the violation is taking place.
2.
Contents of Notice. The notice shall contain:
1. a.
  Address. The address or location of property where the violation is alleged;
2. b.
  Violation Description. A description of the alleged violation with a reference of the section(s), subsection(s), or paragraphs(s) of this ULDC and/or conditions of approval being violated;
3. c.
  Required Actions. A statement of the action(s) that shall be taken to correct the violation;
4. d.
  Timeframe. A timeframe that shall not exceed 14 days to correct the violation. The Planning Director may grant an extension if the property owner is diligently working towards compliance with this ULDC. Persons with a cumulative total of more than three violations are not eligible for a time extension; and
5. e.
  Contact Information. Contact information for a person or department who can answer questions about the violation notice.
3.
Exemption. The Planning Director may institute the enforcement process without following the above notice provisions if the violation is likely to create an imminent hazard to life or property.
4.
Successive Days and Cumulative Penalties. Each violation of this ULDC and each day that the violation continues shall constitute a separate offense.

Effective on: 1/1/1901

Sec. 9.21 Non-Judicial

Effective on: 1/1/1901

Sec. 9.22 Judicial

Generally. The Planning Director may seek the following judicial remedies, or any other judicial remedy as permitted by law to enforce this ULDC in any court of competent jurisdiction:

1.
Injunctive Relief. The city may seek an injunction in a court of competent jurisdiction to stop any violation of this ULDC. Such relief may include revocation or termination of permits for any reason. In any court proceeding in which the City seeks a preliminary injunction, it shall be presumed that a violation of this ULDC is, or could be, an injury to the public health, safety, or general welfare.
2.
Abatement. The City may seek a court order in the nature of mandamus, abatement, or other action allowable by law to abate or remove a violation, or to otherwise restore the premises in question to the condition in which it existed prior to a violation.

Effective on: 1/1/1901

Sec. 9.23 Penalties

Effective on: 1/1/1901

Baytown City Zoning Code

ARTICLE 9

Enforcement, Violations, and Penalties

Sec. 9.11 Purpose

Continuation of Prior Enforcement Actions.

1.
Nothing in this ULDC shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to regulations in effect before the effective date of this ULDC.
2.
Enforcement actions initiated before the effective date of or amendments to this ULDC may be continued to completion or settlement under the terms of the regulations in effect prior to the effective date of this ULDC.
3.
Enforcement action concerning violations of the Code of Ordinances shall cease if the use, development, construction or other activity is consistent with the express terms of this ULDC, except to the extent of collecting penalties for convictions that occurred before the effective date of this ULDC.

Effective on: 1/1/1901

Sec. 9.12 Applicability

Citations. The Planning Director shall have the authority to issue citations for any violation of this ULDC.

Right of Entry. The Building Official is empowered to enter any building, structure, or premises in the City upon which a development or land use is located, as follows:

1.
Inspection. Entry shall be for the purpose of inspection to ensure compliance;
2.
Hours. Inspection shall be performed during business hours, unless an emergency exists; and
3.
Permission. Inspection shall be made only after:
1. a.
  Permission is granted by the owner or tenant; or
2. b.
  An order is given from a court of competent jurisdiction.

Effective on: 1/1/1901

Sec. 9.13 Violations

Notice of Violation.

1.
Mailed Notice. The Planning Director shall send a violation notice by certified mail, postage prepaid, return receipt requested, to the property owner on which the violation is taking place.
2.
Contents of Notice. The notice shall contain:
1. a.
  Address. The address or location of property where the violation is alleged;
2. b.
  Violation Description. A description of the alleged violation with a reference of the section(s), subsection(s), or paragraphs(s) of this ULDC and/or conditions of approval being violated;
3. c.
  Required Actions. A statement of the action(s) that shall be taken to correct the violation;
4. d.
  Timeframe. A timeframe that shall not exceed 14 days to correct the violation. The Planning Director may grant an extension if the property owner is diligently working towards compliance with this ULDC. Persons with a cumulative total of more than three violations are not eligible for a time extension; and
5. e.
  Contact Information. Contact information for a person or department who can answer questions about the violation notice.
3.
Exemption. The Planning Director may institute the enforcement process without following the above notice provisions if the violation is likely to create an imminent hazard to life or property.
4.
Successive Days and Cumulative Penalties. Each violation of this ULDC and each day that the violation continues shall constitute a separate offense.

Effective on: 1/1/1901

Sec. 9.21 Non-Judicial

Effective on: 1/1/1901

Sec. 9.22 Judicial

Generally. The Planning Director may seek the following judicial remedies, or any other judicial remedy as permitted by law to enforce this ULDC in any court of competent jurisdiction:

1.
Injunctive Relief. The city may seek an injunction in a court of competent jurisdiction to stop any violation of this ULDC. Such relief may include revocation or termination of permits for any reason. In any court proceeding in which the City seeks a preliminary injunction, it shall be presumed that a violation of this ULDC is, or could be, an injury to the public health, safety, or general welfare.
2.
Abatement. The City may seek a court order in the nature of mandamus, abatement, or other action allowable by law to abate or remove a violation, or to otherwise restore the premises in question to the condition in which it existed prior to a violation.

Effective on: 1/1/1901

Sec. 9.23 Penalties

Effective on: 1/1/1901