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Early City Zoning Code

ARTICLE 9

ENFORCEMENT AND REMEDIES

Sec. 9-1-1, Purpose

This Article: 

  1. Establishes the procedures that the City may use to assure compliance with the provisions of this UDC and to correct violations; and
  2. Sets out the remedies and penalties that the City may seek to correct violations. The provisions of this Division are intended to encourage the voluntary correction of violations.

    Effective on: 6/22/2021

    Sec. 9-1-2, Applicability

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

  4. Continuation of Prior Enforcement Actions. Nothing in this UDC shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to regulations in effect before the effective date of this UDC. Enforcement actions initiated before the effective date of this UDC, and amendments hereto, may be continued to completion or settlement under the terms of the regulations in effect prior to the effective date of this UDC.

    5. Effective on: 6/22/2021

    Sec. 9-1-3, Inspections

  5. Required. The Building Inspector, and other City Officials, are authorized and directed to make such inspections as are necessary to determine compliance with this UDC.
  6. Right of Entry. The Building Inspector and other City Officials shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this UDC.
  7.  Duty of Occupants. It shall be the duty of every occupant of a manufactured home park to give the Administrator access to any part of such park or any other common open space at reasonable times for the purpose of inspections as are necessary to effect compliance with this UDC.

    8. Effective on: 6/22/2021

    Sec. 9-2-1, Non-Judicial Remedies

  8. Generally. This Section sets out remedies that may be requested by the City to enforce this UDC prior to and in a court of competent jurisdiction. This Section shall not limit the power of the City to pursue multiple or alternative actions, remedies, and penalties, or to pursue actions, remedies, and penalties that are authorized by law but not listed in this Section.
  9. Enforcement Powers. Per Texas State Statutes the City may enforce this UDC prior to and without judicial process by:
    1. Withholding Permits. The City may deny or withhold permits, approvals, or other forms of authorization for failure to comply with the requirements of the Chapter or those of a referral agency.
    2. Suspension of Permits. The City may suspend permits, including specific use permits, to allow for the correction of the violation or the judgment of a court of competent jurisdiction.
    3. 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 UDC or of a permit or other form of authorization issued pursuant to this UDC, in accordance with its power to stop work under its building codes.
    4. Revocation of Permits and Approvals.
      1. Revocation of Permits. Any permit, certificate of occupancy, or other approval required under this UDC shall be revoked when it is determined that:
        1. There is a departure from the approved plans, specifications, limitations, or conditions as required under the permit or approval;
        2. The permit or approval was procured by false representation;
        3. The permit or approval was issued in error;
        4. There is a violation of any provision of this UDC or any other Chapter of the City's Code of Ordinances.
      2. Notice and Opportunity to Correct. Written notice of revocation stating that such violation shall be corrected within 10 days shall be served upon the property owner, agent, applicant, or another person to whom the permit or approval was issued, or such notice may be posted in a prominent location at the place of the violation.
      3. Effect of Notice. No work or construction shall proceed after service of the revocation notice unless such work is to correct a violation.
      4. Failure to Correct. If after the 10-day period, arrangements acceptable to the City have not been made, the Building Official shall:
        1. File litigation in a court of competent jurisdiction; and/or
        2. Remove or correct such violation to the property in an amount to cover all costs related to correction or abatement of the violation.
    5. Cease and Desist Orders. The City may issue a cease and desist order to close unlawful uses or to halt a violation of this Chapter.

    10. Effective on: 6/22/2021

    Sec. 9-2-2, Judicial Remedies

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

    1. Injunctive Relief. The City may seek an injunction to stop any violation granted under this Chapter. 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 Chapter 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 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.
    3.  Civil Liability. The City Administrator:
      1. Has the authority to issue a citation and deliver it to a person believed to be committing a civil violation; and
      2. Is declared to be the official with the duty of enforcing this Chapter with respect to:
        1. Appearing and testifying in any trial held with respect to the citation;
        2. Notifying the court of competent jurisdiction of any notice of intention to stand trial or any request for adjudication when a fine is not paid after a formal notice has occurred;
        3. Mailing formal notices of the violation to persons who do not give notice of intention to stand trial or pay the established fine within the time set in the citation; and
        4. Receiving and filing a copy of each original citation and any fines or notices of intention to stand trial.
    4. Criminal Liability.
      1. Punishment. Upon conviction, any person in violation of, or showing failure to comply with, any of the provisions of this Chapter may be punished by fines and/or imprisonment, as prescribed by law, for each week or portion thereof that the violation or noncompliance has continued.
      2. Responsible Parties. Every person concerned in the violation of, or showing failure to comply with, this Chapter, whether the person directly commits the act, or aids or abets the same, and whether present or absent, shall be proceeded against and held as a principal.

    Effective on: 6/22/2021

    Sec. 9-2-3, Penalties

  10. Misdemeanor Offense. All fines and penalties are as established in Chapter 1, Sec. 1-5 , Fines and Penalties; Continuing Violations, of the City's Code of Ordinances). 
  11. Successive Days. Each day such violation continues shall be considered a separate offense.
  12. 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 suffer the penalties provided in this Article.

  13. Penalties Cumulative. The penalties of this Article shall be cumulative except where the provisions of this Chapter are in direct conflict with each other, in which event the stricter provision shall take precedence.

    14. Effective on: 6/22/2021