(a)

Generally. The provisions of this article shall be carried out by the zoning administrator.

(b)

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 ordinance.

(c)

Continuation of prior enforcement actions. Nothing in this ordinance shall prohibit the continuation of previous enforcement actions undertaken by the city pursuant to regulations in effect before the effective date of this ordinance. Enforcement actions initiated before the effective date of or amendments to this ordinance may be continued to completion or settlement under the terms of the regulations in effect prior to the effective date of this ordinance.

(d)

Enforcement authority.

(1)

Citations. The provisions of this chapter shall be carried out by the zoning administrator. The zoning administrator shall have the authority to issue citations for any violation of this ordinance in accordance with section 20-8-2, Violations.

(2)

Appropriate action. In addition to the penalties and remedies provided in this article, the zoning administrator may, in case of any violation of this ordinance, institute on behalf of the city any appropriate action or proceeding to prevent, restrain, correct, or abate such violation(s), or to prevent any illegal act, conduct, business, or use in or on subject premises.

(e)

Right to entry. The zoning administrator, building official, code enforcement officer, or any duly authorized person shall have the right to enter upon any premises for the purpose of making inspection of buildings or premises necessary to carry out the enforcement of this ordinance, 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:

a.

Permission is granted by the owner or tenant; or

b.

An order is given from a court of competent jurisdiction.

(f)

No culpable mental state required. Unless otherwise provided in this article, proof of a culpable mental state is not required for a conviction of an offense under this ordinance.

(Ord. No. 2023-36, § 2(Exh. A), 10-17-23)

(a)

Examples of violations. Violations of this ordinance subject to the enforcement remedies of this article include but are not limited to the following:

(1)

Development or use without, or inconsistent with, a permit or approval. Any activity that is not authorized by or is inconsistent with all of the permits, approvals, certificates, and authorizations this ordinance requires, as set out in Article VI, Development Review Procedures;

(2)

Development or use inconsistent with this ordinance. Any activity that is inconsistent with any applicable zoning, subdivision, or general regulation of this ordinance, unless this ordinance expressly provides an exception;

(3)

Development or use inconsistent with conditions. Any activity that violates, by act or omission, any term, condition, or qualification the city places upon a required permit, certificate, rezoning, plan approval, or other forms of authorization that the city granted to allow the use, development, or other activity upon land or improvements of land;

(4)

Making a lot or yard nonconforming. Any activity that reduces any lot area so that the yards or open spaces are smaller than that required by this ordinance, a site plan, or a planned unit development, except in accordance with the procedural and substantive requirements of this ordinance;

(5)

Increasing use intensity. Any activity that increases the intensity or density of use of any land or structure, except in accordance with the procedural and substantive requirements of this ordinance; and

(6)

Removing, defacing, or obscuring notice. Any activity that removes, defaces, obscures, or interferes with any sign or notice required by this ordinance.

(b)

Existing violations.

(1)

Generally. Any violation of the repealed provisions of the City of Copperas Cove Code of Ordinances that this ordinance replaced shall continue to be a violation under this ordinance 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 ordinance.

(2)

Fines and penalties. Payment of fines shall be required for any civil penalty assessed under the repealed provisions of the City of Copperas Cove Code of Ordinances, even if the original violation is no longer considered a violation under this ordinance.

(c)

Complaints. Any person may file a written complaint to the zoning administrator on a suspected violation of this ordinance. The zoning administrator shall record the complaint immediately, investigate, and take action as provided in this article.

(d)

Notice of violation.

(1)

Mailed notice. After verifying that a violation exists on the subject property, the zoning administrator 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)

Contents of notice. The notice shall contain:

a.

Address. The address or location of property where the violation is alleged;

b.

Violation description. A description of the alleged violation with a reference of the section(s), subsection(s), or paragraph(s) of this ordinance and/or conditions of approval being violated;

c.

Required actions. A statement of the action(s) that shall be taken to correct the violation;

d.

Timeframe. A timeframe that shall not exceed fourteen (14) days to correct the violation. The zoning administrator may grant an extension if the property owner is diligently working towards compliance with this ordinance. Persons with a cumulative total of more than three (3) violations are not eligible for a time extension; and

e.

Contact information. Contact information for a person or department who can answer questions about the violation notice.

(3)

Exemption. The zoning administrator shall not be required to issue written notice and may continue the enforcement process if the violation is likely to create an imminent hazard to life or property.

(e)

Successive days and cumulative penalties. Each violation of this ordinance shall be deemed a separate offense and each day that a violation exists shall constitute a separate offense.

(f)

Associated parties. The owner or tenant of any full or partial building, structure, or premises, 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 be subject to the penalties and/or remedies provided in this article.

(g)

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.

(Ord. No. 2023-36, § 2(Exh. A), 10-17-23)

(a)

Penalties. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter, shall be fined not less than one dollar ($1.00) nor more than two thousand dollars ($2,000.00) for each offense. This penalty should not be construed as exclusive, and the city may seek any other remedy available to it, in law or in equity.

(b)

Remedies.

(1)

Non-judicial remedies. The zoning administrator may enforce any violation of this ordinance prior to and without judicial process by:

a.

Withholding permits. The zoning administrator or another administrative official (city manager, city engineer, or floodplain administrator) may deny or withhold permits, approvals, or other forms of authorization for failure to comply with the requirements of this ordinance or those of a referral agency.

b.

Suspension of permits. The zoning administrator or another administrative official may suspend any permits to allow for the correction of a violation or in response to a judgment of a court of competent jurisdiction.

c.

Temporary revocation of permits. The zoning administrator or another administrative official may temporarily revoke permits for due cause to address an imminent danger to public health, public safety, or public or private property or to prevent irreparable harm.

d.

Revocation of permits and approvals.

i.

Generally. The zoning administrator or development services director may revoke a development approval that he or she approved if he or she finds that:

(A)

There is a violation of any provision of this ordinance;

(B)

The development approval was issued in error or based on false representation;

(C)

Upon the request of an outside agency with jurisdiction and due cause; or

(D)

There is a departure from the approved plans required under the permit, this ordinance, or the city's construction requirements.

ii.

Notice. Written notice of revocation shall state a time frame to correct the violation.

iii.

Effect of notice. No work or construction may proceed after service of the revocation notice except work necessary to correct a violation.

iv.

Failure to correct. If the period to correct the violation lapses and arrangements acceptable to the administrative official that revoked the approval have not been made, the zoning administrator may:

(A)

File litigation in a court of competent jurisdiction; or

(B)

Remove or correct such violation and place a lien upon the property or improvements to the property in an amount to cover all costs related to correction or abatement of the violation.

e.

Stopping work. The zoning administrator or another administrative official shall have the authority to stop any or all construction activity necessary to halt, correct, or prevent a violation of this ordinance by issuing a written stop-work order.

f.

Cease and desist orders. The city may issue a cease-and-desist order to close unlawful uses or to halt a violation of this ordinance.

(2)

Judicial remedies. The city may seek the following judicial remedies or any other judicial remedy as permitted by law to enforce this ordinance in any court of competent jurisdiction:

a.

Injunctive relief. The city shall have and retain the right to seek injunctive relief and/or civil penalties against any person, firm, or corporation who is in the process of or about to violate any section, subsection, paragraph, or part of this ordinance. Such right of injunctive relief and/or civil penalties shall exist independent of the other penalty provisions of this ordinance and not in lieu of.

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.

(Ord. No. 2023-36, § 2(Exh. A), 10-17-23)