Borger City Zoning Code
ARTICLE 14
08: ENFORCEMENT AND REMEDIES
Subsection 14.08.101 Purpose
The purpose of this Article is to set out the procedures for enforcing this ULDO, and the remedies available to the City for violations of this ULDO.
Effective on: 8/9/2022
Subsection 14.08.102 Applicability
(a)
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, buildings or other structures, except in accordance with all the provisions of this ULDO.
(b)
Continuation of Prior Enforcement Actions. Nothing in this ULDO shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to regulations in effect before the effective date of this ULDO. Enforcement actions initiated before the effective date of or amendments to this ULDO may be continued to completion or settlement under the terms of the regulations in effect prior to the effective date of this ULDO.
Effective on: 8/9/2022
Subsection 14.08.103 Violations
(a)
Complaints. Any person may file a written complaint to the Director of Planning and Development (Director) on a suspected violation of this ULDO. The Director shall record the complaint immediately, investigate, and take action as provided in this Article.
(b)
Notice of Violation.
- (1)Mailed Notice. After verifying that a violation exists on the subject property, the Director shall send a violation notice by certified mail, postage pre-paid, return receipt requested, to the property owner on which the violation is taking place.
- (2)Notice Contents. The notice shall contain the violation description, citation of the article, section, subsection, or paragraph of this ULDO being violated, address or location of property, date of noticed infraction, steps to correct, and the deadline to correct the infraction.
(c)
Timeframe for Violation to be Corrected. Failure to correct the violation within 10 business days from the date of mailing the letter shall constitute an offense.
(d)
Correction. Correction of the violation in the manner stipulated by the violation notice at any point during this enforcement process shall deem the notice null and void, and enforcement activity shall cease.
(e)
Existing Violations.
- (1)Generally. Any violation of the repealed provisions of the City's Code of Ordinances that this ULDO replaced shall continue to be a violation under this ULDO and shall be subject to the penalties and enforcement set out in this Article unless the use, development, construction, or other activity complies with the provisions of this ULDO.
- (2)Fines and Penalties. Payment of fines shall be required for any civil penalty assessed under the repealed provisions of the City's Code of Ordinances, even if the original violation is no longer considered a violation under this ULDO.
Effective on: 8/9/2022
Subsection 14.08.201 Non-Judicial
(a)
Director Authority. If a building or other structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or if a building, other structure, or land is used in violation of this ULDO, the Director of Planning and Development (Director), in addition to other remedies, may institute appropriate action to:
- (1)Prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use;
- (2)Restrain, correct, or abate the violation;
- (3)Prevent the occupancy of the building, structure, or land; or,
- (4)Prevent any illegal act, conduct, business, or use on or about the premises.
(b)
Property Owner Rights. In addition to the other penalties and remedies of this Section, the right is hereby conferred and extended upon any property owner owning property in any district, where such property owner may be affected or invaded, by a violation of the terms of this ULDO, to bring suit in a court of competent jurisdiction and obtain such remedies as may be available at law and equity in the protection of the rights of such property owners.
Effective on: 8/9/2022
Subsection 14.08.202 Judicial
The City may seek the following judicial remedies or any other judicial remedy as permitted by law to enforce this ULDO in any court of competent jurisdiction:
- (a)Injunctive Relief. The City may seek an injunction in a court of competent jurisdiction to stop any violation of this ULDO. 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 ULDO is, or could be, an injury to the public health, safety, or general welfare.
- (b)Abatement. The City may seek a court order in the nature of mandamus, abatement, or other action 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: 8/9/2022
Subsection 14.08.203 Penalties
Any person, partnership, corporation, association, or legal entity found to have violated or failed to comply with any of the provisions of this ULDO, shall upon conviction in a court of competent jurisdiction, be fined in accordance with Section 1.01.009, Penalties, of the City of Borger Code of Ordinances. The imposition of a fine shall be in addition to all other remedies provided for in this ULDO. Each day that the provisions of this ULDO are violated shall constitute a separate and distinct offense.
Effective on: 8/9/2022