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Fulshear City Zoning Code

ARTICLE VIII

ENFORCEMENT AND REMEDIES

§ 28-8-1 Purpose.

This article:
(a) 
Establishes the procedures that the city may use to assure compliance with the provisions of this CDO and to correct violations; and
(b) 
Sets out the remedies and penalties that the city may seek to correct violations. The provisions of this article are intended to encourage the voluntary correction of violations.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-8-2 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 CDO.
(b) 
Continuation of prior enforcement actions.
Nothing in this CDO shall prohibit the continuation of previous enforcement actions undertaken by the city pursuant to regulations in effect before the effective date of this CDO. Enforcement actions initiated before the effective date of this CDO, 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 CDO.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-8-3 Non-judicial.

The administrator, with assistance from other applicable city staff members, may enforce any violation of this CDO prior to, and without, judicial process by:
(a) 
Entry unto the premise.
The administrator or any appointed or employed peace officer from a law enforcement agency may enter into a premise to determine if there is a violation of this CDO.
(b) 
Withholding permits.
The administrator may deny or withhold permits, approvals, or other forms of authorization for failure to comply with the requirements of this CDO or those of a referral agency. In lieu of withholding or denying authorization, the city may grant such authorization subject to the condition that the violation be corrected.
(c) 
Temporarily revoking permits.
The administrator 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) 
Suspending permits.
The administrator may suspend any permits to allow for the correction of a violation or in response to a judgment of a court of competent jurisdiction.
(e) 
Revoking permits and approvals.
(1) 
Generally.
Any permit or other approval required by this CDO may be revoked:
a. 
When the administrator or designee, as appropriate, determines that:
i. 
There is a violation of any provision of this CDO;
ii. 
The permit or approval was issued in error or based on false representation; or
iii. 
There is a departure from the approved plans required under the permit, this CDO, or the city's engineering standards and specifications;
b. 
Upon the request of a referral agency with jurisdiction and due cause; or
c. 
Any infraction incurs that is in violation of the Texas Penal Code.
(2) 
Notice.
Written notice of permit or approval revocation shall state a time frame to correct the violation.
(3) 
Effect of notice.
No work or construction may proceed after service of the revocation notice except work necessary to correct a violation.
(4) 
Failure to correct.
After the period to correct the violation lapses and arrangements acceptable to the administrator have not been made, the administrator may:
a. 
File litigation in a court of competent jurisdiction; and/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.
(f) 
Stopping work.
(1) 
Issuance.
With or without revoking permits, the administrator shall have the authority to stop any or all construction activity necessary to halt, correct, or prevent a violation of this CDO by issuing a written stop work order.
(2) 
Stop work.
The operator shall immediately stop all activity until authorized, in writing, by the administrator to proceed.
(g) 
Issuing cease and desist orders.
The administrator may issue a cease and desist order to close unlawful uses or to halt a violation of this CDO.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-8-4 Judicial.

The city may seek the following judicial remedies or any other judicial remedy as permitted by law to enforce this CDO in any court of competent jurisdiction:
(a) 
Injunctive relief.
The city may seek an injunction or other equitable relief in court to stop any violation of this CDO or of a permit, certificate or other form of authorization granted hereunder.
(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 it existed prior to the violation.
(c) 
Civil liability.
The 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 CDO with respect to:
a. 
Appearing and testifying in any trial held with respect to a citation;
b. 
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 formal notice has occurred;
c. 
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
d. 
Receiving and filing a copy of each original citation and any fines or notices of intention to stand trial.
(d) 
Criminal liability.
(1) 
Punishment.
Upon conviction, any person in violation of, or showing a failure to comply with, any of the provisions of this CDO may be punished by fines and/or imprisonment, as prescribed by law, for each week or a partial week, that the violation or noncompliance has continued.
(2) 
Responsible parties.
Every person concerned in the violation of, or showing a failure to comply with this CDO, whether the person directly commits the act, or aids or abets the act, and whether present or absent, shall be proceeded against and held as a principal.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-8-5 Penalties.

(a) 
Misdemeanor offense.
Any person who violates or causes, allows, or permits another to violate any provision of this CDO shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $2,000.00. Each occurrence of any such violation of this CDO shall constitute a separate offense. Each day on which any such violation of this CDO occurs shall constitute a separate offense.
(b) 
Revocation of sign permit.
A sign permit may be revoked for violation of this CDO. The building official shall give prior written notice of a proposed revocation to the operator and an opportunity to respond to the reasons for revocation within ten days of said written notice. The permit shall not be revoked prior to the expiration of ten days from the date of such written notice.
(c) 
Successive days.
Each day such violation continues shall be considered a separate offense.
(d) 
Associated parties.
The owner or tenant of any full or partial building, structure, or premises, any architect, builder, contractor, agent, or other 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 section.
(e) 
Penalties cumulative.
The penalties of this article shall be cumulative except where the provisions of this article are in direct conflict with each other, in which event the stricter provision shall take precedence.
(Ord. No. 2020-1331, 9-15-2020)