The Administrator, or their designee, shall have the authority to issue citations for the violation of the provisions of this UDO. In the event an individual signs a copy of the citation given to them, they thereby acknowledge receipt of the citation and promise to contact the Municipal Court and arrange for the entry of a plea and a hearing, where necessary, within ten (10) days of the date of the citation. If the defendant shall not sign a citation, the Administrator shall proceed to prepare and file a formal complaint with the Municipal Court and shall seek the issuance of a warrant, delivering the same to the appropriate law enforcement officer for the resulting arrest of the defendant.

A person who knowingly violates a written promise to appear in court, as provided above, commits a misdemeanor regardless of the disposition of the charge on which the ticket is issued.

(Ord. No. 2023-4453, Pt. 1(Exh. A), 8-10-2023)

Any person who violates or fails to comply with the requirements of this UDO, or who builds or alters any building or structure in violation of any plan or statement submitted and approved hereunder, shall be guilty of a misdemeanor and be liable to a fine pursuant to Chapter 1, General Provisions of the City of College Station Code of Ordinances.

(Ord. No. 2023-4453, Pt. 1(Exh. A), 8-10-2023)

A.

Within City Limits.

Any person violating any provision of this UDO within the city limits shall be guilty of a misdemeanor, and upon conviction, shall be fined pursuant to Chapter 1, General Provisions of the City of College Station Code of Ordinances. Prosecution or conviction under this provision shall never be a bar to any other relief for violations of this UDO.

B.

Outside City Limits.

Any person violating any provision of this UDO outside the city limits, but within the extraterritorial jurisdiction, shall not be considered as committing a misdemeanor, nor shall any fine provided in the Within City Limits Subsection above be applicable; however, the City shall have the right to institute an action in a court of competent jurisdiction to enjoin the violation of any provision of this UDO.

(Ord. No. 2023-4453, Pt. 1(Exh. A), 8-10-2023)

A.

Notification of Noncompliance.

If at any time development takes place for which an approved development permit has not been issued, or development occurs which does not conform to the plans and specifications upon which the issued development permit was based, the Administrator or their designee shall issue a written notice of noncompliance to the owner. The notice shall give a specific time allowance to the owner during which he must take one (1) of the following steps to bring the development into compliance with this UDO:

1.

An acceptable application for a development permit must be filed with the Development Engineer for the entire scope of development taking place or proposed for the site;

2.

The item or items which are not in compliance with the terms, conditions, and provisions of this UDO shall be corrected, added, or improved until they comply with this UDO, at which time the owner shall request, in writing, a re-inspection by the Development Engineer;

3.

Modified construction plans shall be submitted to the Development Engineer which detail, in an acceptable manner, the remedial, additional, or corrective measures which must be taken to bring the development within the provisions and requirements of this UDO; or

4.

An acceptable variance request, subject to the provisions of this UDO, shall be submitted to the Administrator which shall have the effect, if granted, of removing the requirements for which the development was determined to be in noncompliance.

The time allotment for these actions shall be reasonable and shall be determined according to the number, nature, and severity of the non-complying items. In no case shall that period exceed thirty (30) calendar days from the date of notification. If, in the opinion of the Development Engineer, a condition exists which is hazardous to the immediate safety of the public, they may seek remedies outside the scope of this Section.

B.

Revocation or Suspension of Development Permit.

Upon expiration of the time allotment for remedial or corrective measures, the Development Engineer shall take one (1) of the following courses of action:

1.

If, in the opinion of the Development Engineer, the owner has made, or is making, a good faith effort to remedy the offending situation, the Development Engineer may extend the time allotment previously granted if such extension is requested by the owner; or

2.

Where an approved development permit has been issued for the development, the Development Engineer shall suspend the development permit. Written notice of said suspension, along with the terms and requirements for reinstating the development permit, shall be delivered to the owner.

Upon suspension of a development permit, all portions of the work being done on the property that is regulated by this UDO shall cease. These activities include but are not limited to grading, excavation, fill, berming, stripping, clearing, paving, placement of any storm sewer, drainage structure, inlet, or appurtenance thereto; any work within a defined area of special flood hazard, or placement of any structure, temporary or permanent, or any obstruction within the area of special flood hazard.

3.

Upon finding that no approved development permit exists for the work or property in question or suspending an existing approved development permit, the Development Engineer shall issue a stop work order for all items of work on the subject property covered by this or other ordinances, any work permitted, licensed, or otherwise regulated by the City, or any work subject to inspection or approval by the City. The Development Engineer may enter the property to inspect and verify that the requirements of this UDO are being met.

All notices required by this Section shall be served upon the parties concerned either personally or by certified mail, addressed to the individual contracting parties or permit holder(s), at the address given on the permit application.

C.

Penalty Imposed.

Upon the finding of a violation of this UDO regarding flood hazard protection, the Development Engineer may file a complaint in the Municipal Court of the City of College Station against any person, firm, corporation, or other legal entity. In the event the judge finds any person, firm, corporation, or other legal entity to violate the terms, conditions, or requirements of this UDO, or provisions or conditions pursuant thereto, they shall find said person, firm, corporation, or other legal entity guilty of a misdemeanor; and upon conviction shall impose a fine pursuant to Chapter 1, General Provisions of the City of College Station Code of Ordinances. Prosecution under this provision shall not be a bar to any other relief for violation of this UDO.

D.

Fine Not Exclusive Penalty.

In addition to a fine, the City may institute appropriate actions or proceedings at law or equity for the enforcement of the provisions of this UDO, or to correct violations thereof, and, if applicable, appropriate actions or proceedings at law or equity against any surety company, escrow holder, or any third party who has affirmatively acted as surety or guarantor for the faithful performance of the permit holder's work.

(Ord. No. 2023-4453, Pt. 1(Exh. A), 8-10-2023)

A person is criminally responsible for a violation of the Certificates of Appropriateness Section and the Certificates of Demolition Section of Article 3, Development Review Procedures of this UDO if:

1.

The person owns part or all of the property where the violation occurs,

2.

The person is the agent of the owner of the property and is in control of the property, or

3.

The person commits the violation or assists in the commission of the violation.

(Ord. No. 2023-4453, Pt. 1(Exh. A), 8-10-2023)

A.

Enforcement Responsibility.

The Administrator or their designee has the responsibility for enforcement of the provisions of this ordinance. The duties include not only the issuance of permits as required by this UDO but also the responsibility of ensuring that all facilities conform with this subpart and with any other applicable state and federal laws, and requirements and regulations of the City of College Station Code of Ordinances. The Administrator has the authority to adopt policies and procedures not inconsistent with the terms of this ordinance necessary to implement the provisions of this division.

B.

Violations.

1.

Violation of the provisions of this ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. Each violation shall be deemed a separate offense for every day during which any violation of any of the provisions of this ordinance is committed or continued. Any person found guilty of violating a provision of this ordinance may be punished according to Chapter 1, General Provisions of the City of College Station Code of Ordinances.

2.

The owner or operator of any facility, structure, premises, or part thereof, and any architect, builder, contractor, agent, or another person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

3.

A violation of this Section is also declared a nuisance and may be enforced five thousand (5,000) feet outside the city limits.

C.

Notice of Violations.

If the Administrator determines that there is a violation of this ordinance, notice will be sent to the property owner or operator of record by registered or certified mail, unless deemed an emergency pursuant to the Stormwater Discharges Article of Chapter 14, Environment and Natural Resources of the City of College Station Code of Ordinances. The notice will specify the measures required to come into full compliance with this ordinance and shall specify the time within which the measures must be completed. Failure to comply within the time specified is a violation of this ordinance and is subject to additional penalties outlined herein.

D.

Voluntary Compliance.

The Administrator has the authority to instruct an operator of a facility that commits any acts prohibited by this ordinance to achieve voluntary compliance as determined by the Administrator. The Administrator will provide a reasonable amount of time, specific to the occurrence, to remedy the violation.

E.

Stop Orders.

The Administrator has the authority to issue stop-work orders for any facility that commits any acts prohibited by this ordinance.

F.

Appeals, Interpretation, and Variances.

Where applicable, any appeals, interpretations, or variances of the Administrator's designee shall first be to the Administrator, then to a court of competent jurisdiction. Any appeals, interpretations, or variances of the Administrator shall be to a court of competent jurisdiction directly.

(Ord. No. 2023-4453, Pt. 1(Exh. A), 8-10-2023)