Edinburg City Zoning Code

ARTICLE 10

Enforcement and Remedies

Sec. 10.101, Purpose

The purposes of this Article are:

A.
To delineate the responsibilities for the enforcement of this Code;
B.
Identify the procedures for noticing a landowner of a violation and collecting fines and discontinuing or correcting the violation; and
C.
To set out the legal status of this Code, including the City Council's intent with regard to severability, repealer, and conflicting provisions.

Effective on: 8/9/2022

Sec. 10.102, Applicability

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.

Continuation of Prior Enforcement Actions. Nothing in this Code 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 Code.

Effective on: 8/9/2022

Sec. 10.103, Enforcement

Code Enforcement Officer. This Code shall be enforced by the City's Code Enforcement Officers and other designated officers of the City pursuant to the authority of V.T.C.A., Local Government Code § 211.012 or other applicable law.

Enforcement Procedure.

1.
Filing a Complaint. Any person may file a written and signed complaint with the Code Enforcement Officer, alleging a violation of this Code. Such complaint will state the factual basis for the alleged violation along with the complainant's name, address, and telephone number.
2.
Investigation. The Code Enforcement Officer will investigate and find as a matter of fact whether a violation of this Code has occurred.
3.
Notice of Violation. Upon investigation, with or without a complaint, the City may issue a written notice of violation to the owner of property upon which a violation of this Code exists. The Notice of Violation shall set forth the grounds upon which the notice is based, including the code section at issue.
4.
Response. The person responsible for the civil infraction shall have a period of no more than 15 days to correct the infraction and bring the subject use into compliance with this Code.
5.
Service of Notice to Appear. If after the proper time for removal or abatement has lapsed or, if the activity is continued, the Code Enforcement Officer finds and determines the violation has not been removed or abated, the Code Enforcement Officer shall sign a complaint and information form, or a notice to appear, as appropriate, and file it in the municipal court or other appropriate court. The notice shall include:
1. a.
  The name of the owner.
2. b.
  The address or legal description of the property on which the violation is occurring.
3. c.
  The Code section or other reference the action or condition violates.
4. d.
  Any other information deemed pertinent by the Administrator.
6.
Notice to Appear, Delivery by Mail. If no one is found at the property to accept a notice to appear for failure to remove or abate a violation, the Code Enforcement Officer shall fill out and sign the notice to appear as the complainant and deliver the original plus one copy to the Clerk of the Edinburg Municipal Court.
7.
Abatement by City; Costs Assessed to Person Responsible. If the owner of the property fails to remove or abate the violation in the time specified in the notice, whether on public or private property, the City may remove or otherwise abate the violation. If necessary, the City may lawfully enter upon the property on which the violation remains unabated to remove or abate such violation at the costs of the person(s) responsible for creating or maintaining the violation.
8.
Payment of Costs; Special Tax Bill or Judgment. All costs and expenses incurred by the City in removing or abating any violation on any private property may be assessed against the property as a lien on the property. Alternatively, the cost of removing or abating the violation may be made part of the judgment by the Municipal Court Judge, in addition to any other penalties and costs imposed, if the person(s) charged either pleads or is found guilty of causing, creating, or maintaining a violation.
9.
Warning Notice, First Offense. In all cases where the violation is the first offense of the specified ordinance violation, the warning notice provisions of C.1 above shall be observed. The notice shall specify that the violation must be corrected within 15 days of the date of the notice, except in emergency cases where the violation creates an imminent threat to public health, safety, or facilities.
10.
Warning Notice, Subsequent Offenses. In all cases where the violation on public or private property is a repeat or continued offense on such property, after the expiration of the time period set out in C.7 above, this Section's warning notice provisions need not be observed. Each day a violation continues after the expiration of the warning period to abate such violation shall constitute a separate offense.

Record of Complaints. The Director of Public Works shall keep a permanent public record of all complaints and findings of fact disposing of alleged zoning violations.

Effective on: 8/9/2022

Sec. 10.201, Non-Judicial Remedies.

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

Suspension of Permits. The City may suspend permits, including special use permits, for a period of up to 60 days to allow for the correction of the violation or the judgment of the Municipal Court.

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 Code or of a permit or other form of authorization issued pursuant to this Code, in accordance with its power to stop work under its building codes.

Floodplain Remedies. Violations of the Federal Emergency Management Agency (FEMA) floodplain regulations set forth in Division 6.100, Flood Damage Prevention, shall be subject to the following, in addition to the remedies provided by other subsections of this Section:

1.
The Federal Emergency Management Agency (FEMA) and the Texas Commission on Environmental Quality (TECQ) shall be notified immediately in writing of any property or structure in violation of the floodplain section of this Code.
2.
New or renewal National Flood Insurance shall be denied for any structure remaining in violation or situated on property in violation of this Code.

Other Remedies. The City shall have such other remedies as are and as may be from time to time provided by state law for the violation of regulations.

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 Code, in any other applicable ordinance, or by law.

Effective on: 8/9/2022

Sec. 10.202, Judicial Remedies

The City may seek the following judicial remedies to enforce this Code:

A.
Injunctive Relief. The City may seek an injunction or other equitable relief in court to stop any violation of this Code or of a permit, certificate or other form of authorization granted under this Code. Such relief may include revocation or termination of permits, including Special Use Permits.
B.
Abatement. The City may seek a court order in the nature of mandamus, abatement or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.
C.
Civil Remedies. The City shall have the right to institute any appropriate civil action to enforce, enjoin, prevent, restrain, correct, or abate any violation of this Code, including any and all remedies available pursuant to state law. All court costs and reasonable attorney's fees incurred by the City in connection with any civil action shall be awarded to the City if it is the prevailing party.
D.
Criminal Remedies. Any person who violates any section of this Code 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 by a fine not to exceed $2,000 for each offense.

Effective on: 8/9/2022

Sec. 10.203, Penalties

Manner of Collection. The procedure for the issuance of citations, collection of fines, and trial with respect to disputed or unsatisfied citations shall be that prescribed in State law.

Duty of Local Officials.

1.
The Administrator or an employee of the Department designated by the Administrator has the authority to issue an original citation and deliver it to a person believed to be committing a civil violation and are hereby declared to be the officials with the duty of enforcing this Code for that purpose.
2.
The Administrator or a designee is hereby declared to be the official with the duty of enforcing this Code with respect to:
1. a.
  Receiving and filing a copy of each original citation and any fines or notices of intention to stand trial;
2. b.
  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
3. c.
  Notifying the Municipal Court of any notice of intention to stand trial or any request for adjudication when a fine is not paid after the UDC has given formal notice thereof.

Court Appearance. The person who issued the initial citation and any other members of the Department so directed by the Administrator shall appear and testify in any trial held with respect to the citation.

City Attorney. The City Attorney is authorized to prosecute any civil violation.

Effective on: 8/9/2022

Edinburg City Zoning Code

ARTICLE 10

Enforcement and Remedies

Sec. 10.101, Purpose

The purposes of this Article are:

A.
To delineate the responsibilities for the enforcement of this Code;
B.
Identify the procedures for noticing a landowner of a violation and collecting fines and discontinuing or correcting the violation; and
C.
To set out the legal status of this Code, including the City Council's intent with regard to severability, repealer, and conflicting provisions.

Effective on: 8/9/2022

Sec. 10.102, Applicability

Effective on: 8/9/2022

Sec. 10.103, Enforcement

Enforcement Procedure.

1.
Filing a Complaint. Any person may file a written and signed complaint with the Code Enforcement Officer, alleging a violation of this Code. Such complaint will state the factual basis for the alleged violation along with the complainant's name, address, and telephone number.
2.
Investigation. The Code Enforcement Officer will investigate and find as a matter of fact whether a violation of this Code has occurred.
3.
Notice of Violation. Upon investigation, with or without a complaint, the City may issue a written notice of violation to the owner of property upon which a violation of this Code exists. The Notice of Violation shall set forth the grounds upon which the notice is based, including the code section at issue.
4.
Response. The person responsible for the civil infraction shall have a period of no more than 15 days to correct the infraction and bring the subject use into compliance with this Code.
5.
Service of Notice to Appear. If after the proper time for removal or abatement has lapsed or, if the activity is continued, the Code Enforcement Officer finds and determines the violation has not been removed or abated, the Code Enforcement Officer shall sign a complaint and information form, or a notice to appear, as appropriate, and file it in the municipal court or other appropriate court. The notice shall include:
1. a.
  The name of the owner.
2. b.
  The address or legal description of the property on which the violation is occurring.
3. c.
  The Code section or other reference the action or condition violates.
4. d.
  Any other information deemed pertinent by the Administrator.
6.
Notice to Appear, Delivery by Mail. If no one is found at the property to accept a notice to appear for failure to remove or abate a violation, the Code Enforcement Officer shall fill out and sign the notice to appear as the complainant and deliver the original plus one copy to the Clerk of the Edinburg Municipal Court.
7.
Abatement by City; Costs Assessed to Person Responsible. If the owner of the property fails to remove or abate the violation in the time specified in the notice, whether on public or private property, the City may remove or otherwise abate the violation. If necessary, the City may lawfully enter upon the property on which the violation remains unabated to remove or abate such violation at the costs of the person(s) responsible for creating or maintaining the violation.
8.
Payment of Costs; Special Tax Bill or Judgment. All costs and expenses incurred by the City in removing or abating any violation on any private property may be assessed against the property as a lien on the property. Alternatively, the cost of removing or abating the violation may be made part of the judgment by the Municipal Court Judge, in addition to any other penalties and costs imposed, if the person(s) charged either pleads or is found guilty of causing, creating, or maintaining a violation.
9.
Warning Notice, First Offense. In all cases where the violation is the first offense of the specified ordinance violation, the warning notice provisions of C.1 above shall be observed. The notice shall specify that the violation must be corrected within 15 days of the date of the notice, except in emergency cases where the violation creates an imminent threat to public health, safety, or facilities.
10.
Warning Notice, Subsequent Offenses. In all cases where the violation on public or private property is a repeat or continued offense on such property, after the expiration of the time period set out in C.7 above, this Section's warning notice provisions need not be observed. Each day a violation continues after the expiration of the warning period to abate such violation shall constitute a separate offense.

Record of Complaints. The Director of Public Works shall keep a permanent public record of all complaints and findings of fact disposing of alleged zoning violations.

Effective on: 8/9/2022

Sec. 10.201, Non-Judicial Remedies.

1.
The Federal Emergency Management Agency (FEMA) and the Texas Commission on Environmental Quality (TECQ) shall be notified immediately in writing of any property or structure in violation of the floodplain section of this Code.
2.
New or renewal National Flood Insurance shall be denied for any structure remaining in violation or situated on property in violation of this Code.

Other Remedies. The City shall have such other remedies as are and as may be from time to time provided by state law for the violation of regulations.

Effective on: 8/9/2022

Sec. 10.202, Judicial Remedies

The City may seek the following judicial remedies to enforce this Code:

A.
Injunctive Relief. The City may seek an injunction or other equitable relief in court to stop any violation of this Code or of a permit, certificate or other form of authorization granted under this Code. Such relief may include revocation or termination of permits, including Special Use Permits.
B.
Abatement. The City may seek a court order in the nature of mandamus, abatement or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.
C.
Civil Remedies. The City shall have the right to institute any appropriate civil action to enforce, enjoin, prevent, restrain, correct, or abate any violation of this Code, including any and all remedies available pursuant to state law. All court costs and reasonable attorney's fees incurred by the City in connection with any civil action shall be awarded to the City if it is the prevailing party.
D.
Criminal Remedies. Any person who violates any section of this Code 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 by a fine not to exceed $2,000 for each offense.

Effective on: 8/9/2022

Sec. 10.203, Penalties

Manner of Collection. The procedure for the issuance of citations, collection of fines, and trial with respect to disputed or unsatisfied citations shall be that prescribed in State law.

Duty of Local Officials.

1.
The Administrator or an employee of the Department designated by the Administrator has the authority to issue an original citation and deliver it to a person believed to be committing a civil violation and are hereby declared to be the officials with the duty of enforcing this Code for that purpose.
2.
The Administrator or a designee is hereby declared to be the official with the duty of enforcing this Code with respect to:
1. a.
  Receiving and filing a copy of each original citation and any fines or notices of intention to stand trial;
2. b.
  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
3. c.
  Notifying the Municipal Court of any notice of intention to stand trial or any request for adjudication when a fine is not paid after the UDC has given formal notice thereof.

City Attorney. The City Attorney is authorized to prosecute any civil violation.

Effective on: 8/9/2022

Edinburg City Zoning Code

ARTICLE 10

Enforcement and Remedies

Sec. 10.101, Purpose

The purposes of this Article are:

A.
To delineate the responsibilities for the enforcement of this Code;
B.
Identify the procedures for noticing a landowner of a violation and collecting fines and discontinuing or correcting the violation; and
C.
To set out the legal status of this Code, including the City Council's intent with regard to severability, repealer, and conflicting provisions.

Effective on: 8/9/2022

Sec. 10.102, Applicability

Effective on: 8/9/2022

Sec. 10.103, Enforcement

Enforcement Procedure.

1.
Filing a Complaint. Any person may file a written and signed complaint with the Code Enforcement Officer, alleging a violation of this Code. Such complaint will state the factual basis for the alleged violation along with the complainant's name, address, and telephone number.
2.
Investigation. The Code Enforcement Officer will investigate and find as a matter of fact whether a violation of this Code has occurred.
3.
Notice of Violation. Upon investigation, with or without a complaint, the City may issue a written notice of violation to the owner of property upon which a violation of this Code exists. The Notice of Violation shall set forth the grounds upon which the notice is based, including the code section at issue.
4.
Response. The person responsible for the civil infraction shall have a period of no more than 15 days to correct the infraction and bring the subject use into compliance with this Code.
5.
Service of Notice to Appear. If after the proper time for removal or abatement has lapsed or, if the activity is continued, the Code Enforcement Officer finds and determines the violation has not been removed or abated, the Code Enforcement Officer shall sign a complaint and information form, or a notice to appear, as appropriate, and file it in the municipal court or other appropriate court. The notice shall include:
1. a.
  The name of the owner.
2. b.
  The address or legal description of the property on which the violation is occurring.
3. c.
  The Code section or other reference the action or condition violates.
4. d.
  Any other information deemed pertinent by the Administrator.
6.
Notice to Appear, Delivery by Mail. If no one is found at the property to accept a notice to appear for failure to remove or abate a violation, the Code Enforcement Officer shall fill out and sign the notice to appear as the complainant and deliver the original plus one copy to the Clerk of the Edinburg Municipal Court.
7.
Abatement by City; Costs Assessed to Person Responsible. If the owner of the property fails to remove or abate the violation in the time specified in the notice, whether on public or private property, the City may remove or otherwise abate the violation. If necessary, the City may lawfully enter upon the property on which the violation remains unabated to remove or abate such violation at the costs of the person(s) responsible for creating or maintaining the violation.
8.
Payment of Costs; Special Tax Bill or Judgment. All costs and expenses incurred by the City in removing or abating any violation on any private property may be assessed against the property as a lien on the property. Alternatively, the cost of removing or abating the violation may be made part of the judgment by the Municipal Court Judge, in addition to any other penalties and costs imposed, if the person(s) charged either pleads or is found guilty of causing, creating, or maintaining a violation.
9.
Warning Notice, First Offense. In all cases where the violation is the first offense of the specified ordinance violation, the warning notice provisions of C.1 above shall be observed. The notice shall specify that the violation must be corrected within 15 days of the date of the notice, except in emergency cases where the violation creates an imminent threat to public health, safety, or facilities.
10.
Warning Notice, Subsequent Offenses. In all cases where the violation on public or private property is a repeat or continued offense on such property, after the expiration of the time period set out in C.7 above, this Section's warning notice provisions need not be observed. Each day a violation continues after the expiration of the warning period to abate such violation shall constitute a separate offense.

Record of Complaints. The Director of Public Works shall keep a permanent public record of all complaints and findings of fact disposing of alleged zoning violations.

Effective on: 8/9/2022

Sec. 10.201, Non-Judicial Remedies.

1.
The Federal Emergency Management Agency (FEMA) and the Texas Commission on Environmental Quality (TECQ) shall be notified immediately in writing of any property or structure in violation of the floodplain section of this Code.
2.
New or renewal National Flood Insurance shall be denied for any structure remaining in violation or situated on property in violation of this Code.

Other Remedies. The City shall have such other remedies as are and as may be from time to time provided by state law for the violation of regulations.

Effective on: 8/9/2022

Sec. 10.202, Judicial Remedies

The City may seek the following judicial remedies to enforce this Code:

A.
Injunctive Relief. The City may seek an injunction or other equitable relief in court to stop any violation of this Code or of a permit, certificate or other form of authorization granted under this Code. Such relief may include revocation or termination of permits, including Special Use Permits.
B.
Abatement. The City may seek a court order in the nature of mandamus, abatement or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.
C.
Civil Remedies. The City shall have the right to institute any appropriate civil action to enforce, enjoin, prevent, restrain, correct, or abate any violation of this Code, including any and all remedies available pursuant to state law. All court costs and reasonable attorney's fees incurred by the City in connection with any civil action shall be awarded to the City if it is the prevailing party.
D.
Criminal Remedies. Any person who violates any section of this Code 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 by a fine not to exceed $2,000 for each offense.

Effective on: 8/9/2022

Sec. 10.203, Penalties

Manner of Collection. The procedure for the issuance of citations, collection of fines, and trial with respect to disputed or unsatisfied citations shall be that prescribed in State law.

Duty of Local Officials.

1.
The Administrator or an employee of the Department designated by the Administrator has the authority to issue an original citation and deliver it to a person believed to be committing a civil violation and are hereby declared to be the officials with the duty of enforcing this Code for that purpose.
2.
The Administrator or a designee is hereby declared to be the official with the duty of enforcing this Code with respect to:
1. a.
  Receiving and filing a copy of each original citation and any fines or notices of intention to stand trial;
2. b.
  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
3. c.
  Notifying the Municipal Court of any notice of intention to stand trial or any request for adjudication when a fine is not paid after the UDC has given formal notice thereof.

City Attorney. The City Attorney is authorized to prosecute any civil violation.

Effective on: 8/9/2022