Glenn Heights City Zoning Code
ARTICLE XX
ENFORCEMENT AND REVIEW
§ 1 EFFECT OF INTERPRETATION.
In interpreting and applying the provisions of this Ordinance, they shall be held to [be] the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or annul any easements, covenants or other agreements between parties [sic], provided, however, that where this Ordinance imposes a greater restriction upon this use of buildings or premises or upon height of buildings, or requires larger open spaces than are imposed or required by agreements, the provisions of this Ordinance shall govern. This Ordinance is also not intended to abrogate or annul any lawfully obtained permit issued prior to the effective date of this Ordinance.
(Ordinance O-03-09, adopted 4/20/09)
§ 2 PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNDER EXISTING ORDINANCES.
By the passage of this Ordinance, no presently illegal use shall be deemed to have been legalized unless such use specifically falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this Ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time the previous Zoning Ordinance was repealed and this Zoning Ordinance adopted, shall be discharged or affected by such repeal and adoption of this Ordinance; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending proceeded with in all respects as if such prior ordinance had not been repealed.
(Ordinance O-03-09, adopted 4/20/09)
§ 3 COMPLAINTS REGARDING VIOLATIONS; PARTIES LIABLE; PROCEDURES UPON DISCOVERY OF VIOLATIONS.
XX.3.1
Complaints Regarding Violations -
Whenever the City Manager receives a written, signed complaint alleging a violation of this Ordinance, the City Manager shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken.
XX.3.2
Parties Liable -
The owner, tenant, or occupant of any building or land or part thereof and any architect, building contractor, agent, or other person who participated in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this Ordinance, or has care, custody or control of the building, land or part thereof may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.
XX.3.3
Procedures Upon Discovery of Violations
A.
If the City Manager finds that any provision of this Ordinance is being violated, the City Manager shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the City Manager’s discretion.
B.
The final written notice (an initial written notice may be the final notice) shall state what action the City intends to take if the violation is not corrected and shall advise that the City Manager’s decision or order may be appealed to the Board of Adjustment in accordance with Article IV, Section 3 if a zoning matter, or the City Planning and Zoning Commission if a platting matter.
C.
Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this Ordinance or pose a danger to the public health, safety, or welfare, the City Manager may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in Section 4 of this Article.
(Ordinance O-03-09, adopted 4/20/09)
§ 4 PENALTIES AND REMEDIES FOR VIOLATIONS.
XX.4.1
Any person, firm, or corporation who shall intentionally or knowingly violate any of the provisions of this Ordinance or who shall fail to comply with any requirement or provision hereof within the territorial limits of Glenn Heights, shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine not to exceed two thousand dollars ($2,000), and each and every day that such violation continues shall constitute a separate offense and shall be punishable accordingly. In addition to the said penalty provided for, the right is hereby conferred and extended upon any property owner owning property in any district, where such property owner may be affected or invaded, by a violation of the terms of the Ordinance, to bring suit in such court or courts having jurisdiction thereof and obtain such remedies as may be available at law and equity in the protection of the rights of such property owners.
XX.4.2
Any violation of any provision of this Code which occurs outside the territorial limits of the City of Glenn Heights and within the ETJ of the said City shall not constitute a misdemeanor under this ordinance; however, under this Code, the City shall have the right to institute an action in the District Court to enjoin the violation of any provision of such Code in such extraterritorial jurisdiction, and the District Court shall have the power to grant any or all types of injunctive relief in such cases.
XX.4.3
Notwithstanding the potential criminal penalties outlined herein, nothing herein shall prevent or preclude the City from taking all appropriate legal actions and seeking such legal redress as permitted by law including civil, administrative and injunctive relief.
(Ordinance O-03-09, adopted 4/20/09)
§ 5 VALIDITY.
If any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional.
(Ordinance O-03-09, adopted 4/20/09)