It shall be an actionable violation of the zoning ordinance to:

(a)

Non-compliant structure. Construct, place, or modify a structure in a manner that is not expressly permitted by the zoning ordinance;

(b)

Structures without permit. Construct, place, or modify a structure in a manner permitted by the zoning ordinance without first being issued any permit and/or other approvals required by the zoning ordinance;

(c)

Non-compliant exempt structure. For structures that are exempt from needing a permit; construct, place, or modify a structure in a manner that is not expressly permitted by the zoning ordinance;

(d)

Non-permitted use. Establish a use that is not expressly permitted by the zoning ordinance in the applicable zoning district, or by a variance of use, or special exception use, or other approval allowed under the zoning ordinance;

(e)

Establishing a use without permit. Utilize a property for a use expressly permitted by the zoning ordinance without first being issued a permit and/or other approval required by the zoning ordinance;

(f)

Non-compliance with approval. Fail to fully comply with procedural requirements, payment of fees, conditions, or commitments associated with any permit and/or other approval; or

(g)

Non-compliance with permit. Fail to perform an improvement as presented in an application for approval, the material submitted that the issued permit was based upon.

(h)

Other violations. Otherwise fail to comply with any of the terms or provisions of this zoning ordinance.

(Ord. passed 5-18-2017)

The zoning administrator shall be the primary Enforcement Official. However, the term Enforcement Official shall be inclusive of any additional individual, board, or body that may be delegated such authority by the planning and zoning commission, board of adjustments, Mayor or Legislative Body. The enforcement of the zoning ordinance shall be conducted by an Enforcement Official. When a specific type of enforcement role is assigned to a specific board, body, or individual by Texas Law, zoning ordinance, or rules of procedure, then that board, body, or individual shall participate as specified.

(Ord. passed 5-18-2017)

An Enforcement Official may survey the jurisdiction or may investigate alleged violations in order to discover whether a violation occurred or exists. There shall be no mandatory requirement for regular inspection of the jurisdiction or responding to alleged violations.

(Ord. passed 5-18-2017)

(a)

Standard inspections. The inspection of property or a structure may be conducted by the Enforcement Official.

(1)

Permission. From the property where the violation or alleged violation is located with permission from the owner or tenant at the time of the inspection;

(2)

Right-of-way. From a public right-of-way;

(3)

Aerial media. From aerial photographs or video;

(4)

Aerial observation. From aerial observation; or

(5)

Adjacent property. From an adjacent property with permission from that property owner.

(b)

Identification. If requested, the Enforcement Official shall present identification and describe the purpose of the inspection.

(c)

Denial of access to property. In the event the Enforcement Official is denied entry to a property or structure where there is a violation or alleged violation, the Enforcement Official may apply to a court of jurisdiction to secure a warrant authorizing inspection of the property or structure.

(d)

Surrender of right to deny access. A property owner surrenders the right to deny an Enforcement Official access to the subject property or structure upon filing for any permit or application identified in sections 153-225 through 153-237. The surrender to deny access shall commence upon filing a complete application and shall cease upon the zoning administrator issuing a (zoning compliance certificate or certificate of occupancy) or other required final inspection.

(Ord. passed 5-18-2017)

The property owner or a non-owner that caused the violation may be held responsible for a violation. However, the property owner shall ultimately be responsible for a violation of the zoning ordinance.

(Ord. passed 5-18-2017)

When a violation or alleged violation of the zoning ordinance has been identified and notice of the violation or alleged violation has been conveyed in writing to the violator, any new filing for a permit or application identified in sections 153-225 through 153-237 shall be held by the zoning administrator until the violation or alleged violation is resolved. This provision may be waived by the zoning administrator if the desired project would clearly not complicate, escalate, or add to the violation or alleged violation.

(Ord. passed 5-18-2017)

When a violation or alleged violation exists and when it is determined that enforcement is necessary, the type of enforcement action will be at the discretion of the Enforcement Official and generally should reflect what is warranted by the evidence, severity of the violation or alleged violation, and history of violations on the same property or by the same violator. The following options, as described in subsequent sections, may be used to enforce the zoning ordinance.

• Request to stop work;

• Stop work order;

• Enforcement as a common nuisance;

• Request to remedy;

• Bring action to local court to invoke any legal, equitable or special remedy;

• Bring action to local court to enforce a condition, covenant or commitment;

• Bring action to local court to request a prohibitory or permanent injunction to restrain;

• Bring action to local court to request a mandatory injunction to remove a structure or other violation (e.g., junk cars);

• Impose a fine for violations;

• Bring action to a local court to invoke a fine for violations; or

• Any remedy or actions set forth in Texas Law, common law, or other applicable state regulations.

(Ord. passed 5-18-2017)

(a)

Authority. The Enforcement Official may issue a request to stop work as an independent enforcement action or concurrent to another enforcement action.

(b)

Cause. A request to stop work may be issued for any violation or alleged violation of the zoning ordinance when one or more of the following statements apply.

(1)

Cost to remedy. The violation or alleged violation is in regard to an active project, and if work is not stopped, the cost to remedy the violation will likely increase;

(2)

Non-compliance. The violation or alleged violation is in regard to an active project, and if work is not stopped, the violation will likely escalate in non-compliance;

(3)

Quantity of violations. The violation or alleged violation is in regard to an active project, and if work is not stopped, the number of violations will likely increase; or

(4)

Public risk. The violation or alleged violation is in regard to an active project, and if work is not stopped, the continuance will put the health, safety, or welfare of the public at risk; including workers on the subject property.

(c)

General procedure.

(1)

Issue notice. The Enforcement Official may verbally or in writing describe the violation or alleged violation to the property owner, tenant, or person conducting the activity and request the immediate cessation of work until the matter is resolved. If verbally or to anyone besides the property owner, the Enforcement Official should put the notice in writing and mail it to the property owner.

(2)

Other notices. The Enforcement Official may post a request to stop work in a conspicuous place on the property. The Enforcement Official may elect to provide additional notice by U.S. Mail, email, phone, or letter to the property owner, developer, builder, property manager, tenant, occupant, or other interested parties to further ensure compliance.

(3)

Effective. The request to stop work shall become effective upon verbal notice, written notice, or posting on the property.

(4)

Conditions. The Enforcement Official may describe the conditions under which the request to stop work will be lifted on the notice. Otherwise, it is the responsibility of the violator to schedule a meeting with the Enforcement Official to discover the basis for the request to stop work and to determine a remedy.

(5)

Agreement. To lift a request to stop work, a memorandum of agreement identifying the process and steps necessary to resolve the violation shall be signed by the property owner and the Enforcement Official; or a court of jurisdiction shall rule on the matter; or the Enforcement Official shall rescind the request to stop work.

(6)

Failure to abide. An Enforcement Official may seek a court of jurisdiction to issue a stop work order to the violator if he/she fails to abide by the request to stop work.

(7)

Allowance for civil penalty. The issuance of a request to stop work shall in no way limit the pursuit of a civil penalty.

(8)

Refusal to sign terms. An Enforcement Official may seek a court of jurisdiction to issue a stop work order to the violator if he refuses to sign the terms of the memorandum of agreement, giving the Enforcement Official time necessary to pursue other enforcement options without furtherance of the violation or alleged violation.

(Ord. passed 5-18-2017)

(a)

Authority. The Enforcement Official may bring action to a court of jurisdiction as an independent enforcement action or concurrent to another enforcement action. A court of jurisdiction may issue a stop work order.

(b)

Cause. A stop work order may be issued when one or more of the following statements apply.

(1)

Cost to remedy. The violation or alleged violation is in regard to an active project, and if work is not stopped, the cost, time, or challenge to remedy the violation will likely increase;

(2)

Non-compliance. The violation or alleged violation is in regard to an active project, and if work is not stopped, the violation will likely escalate in non-compliance;

(3)

Quantity of violations. The violation or alleged violation is in regard to an active project, and if work is not stopped, the number of violations will likely increase; or

(4)

Public risk. The violation or alleged violation is in regard to an active project, and if work is not stopped, the continuance will put the health, safety, or welfare of the public at risk; including workers on the subject property.

(c)

General procedure.

(1)

Issue notice. Before or after filing with the court, the Enforcement Official may mail a notice letter to the violator, the property address, or to the tax record address if mail is undeliverable to the property (e.g., a vacant site) describing the violation or alleged violation.

(2)

Investigation. Before or after filing with the court, the Enforcement Official may make a reasonable attempt to investigate an alleged violation to determine if there is a violation.

(3)

Stop work order. The Enforcement Official may file for a stop work order or temporary restraining order in the court of jurisdiction to restrain a person from violating or further violating the zoning ordinance.

(4)

Post notice. If the court grants the stop work order, the stop work order shall be posted in a conspicuous place on the property. A copy may also be delivered or mailed to the property owner, developer, builder, property manager, tenant, occupant, and/or other interested parties.

(5)

Effective. The stop work order shall become effective per the terms of the court issuance.

(6)

Conditions. The court of jurisdiction may determine and describe the conditions and terms under which the stop work order will be lifted. Otherwise, it is the responsibility of the violator to schedule a meeting with the Enforcement Official and/or court of jurisdiction to resolve the violation.

(Ord. passed 5-18-2017)

(a)

Authority. The Enforcement Official may initiate a request to remedy.

(b)

Cause. A violation or alleged violation exists on a property.

(c)

General procedure.

(1)

Investigation. Before or after sending a notice letter, the Enforcement Official may make reasonable attempt to investigate an alleged violation to determine if there is a violation.

(2)

Issue notice. The Enforcement Official may mail a notice letter to the violator, the property address, or to the tax record address if mail is undeliverable to the property (e.g., a vacant site) describing the violation or alleged violation. Formal notices shall conform with Chapter 54. Enforcement of Municipal Ordinances in Texas Code.

(3)

Time frame. The Enforcement Official may grant the violator an opportunity to provide evidence that there is not a violation or to bring the violation into compliance; including a time frame of at least one day but not more than 30 days. The time frame granted shall be reasonably tied to the time necessary to remedy the violation (e.g., the time to remove an A-frame sign could be one day, and the time to remove a building may be 30 days).

(4)

Time frame extension. A reasonable time frame extension may be granted upon request by the Enforcement Official if the violator is making satisfactory progress.

(5)

Timely correction. If corrective measures have not been initiated in a timely manner, or corrective measures are not effectively being conducted, or corrective measures are significantly behind schedule, or the violation remains after the time frame given for remedy, then the Enforcement Official may choose another enforcement option. If the violator is making satisfactory progress and will likely meet the time frame for remedy, the Enforcement Official shall not begin another enforcement option until the time frame has expired and a violation remains unresolved.

(d)

Safety from fines. The Enforcement Official shall not impose a fine to a violator if a request to remedy is the first enforcement action and the violation is remedied within the granted time frame.

(Ord. passed 5-18-2017)

(a)

Authority. The city may bring action to a court of jurisdiction as an independent enforcement action or concurrent to another enforcement action; except as stated in § 153-259. A court of jurisdiction may issue a legal, equitable, or special remedy.

(b)

Cause. A violation or alleged violation of the zoning ordinance exists on a property.

(c)

General procedure.

(1)

Issue notice. Before or after bringing an action to the court of jurisdiction, the city may mail a notice letter to the violator, the property address, or to the tax record address if mail is undeliverable to the property (e.g., a vacant site) describing the violation or alleged violation. Formal notices shall conform with Chapter 54. Enforcement of Municipal Ordinances in Texas Code.

(2)

Investigation. Before or after bringing an action to the court of jurisdiction, the city may make reasonable attempt to investigate an alleged violation to determine if there is a violation.

(3)

Court-imposed remedy. The city may bring an action to the court of jurisdiction to invoke a legal, equitable or special remedy for a violation or alleged violation.

(4)

Liability. Any violator found liable for a violation shall be subject to any court-imposed legal, equitable or special remedy. The legal, equitable or special remedy will ideally force compliance with the zoning ordinance or be a unique court ruling that fulfills the intent of the city zoning ordinance. The severity of the court ruling may consider the severity of the violation, impact to property values in the area, impact to quality of life in the area, impact to the health, safety and welfare of the public, repetitiveness of similar violations by the same violator, and/or the precedent that may be set by the ruling. If successful in the enforcement of the zoning ordinance, the court of jurisdiction may award the city recuperation of its legal fees and administrative costs.

(Ord. passed 5-18-20017)

(a)

Authority. The city may bring action to a court of jurisdiction as an independent enforcement action or concurrent to another enforcement action; except as stated in § 153-259. A court of jurisdiction may enforce compliance with a condition, covenant, or commitment.

(b)

Cause. A condition, covenant, or commitment is not in compliance with terms of an approval.

(c)

General procedure.

(1)

Issue notice. Before or after bringing an action to the court of jurisdiction, the city may mail a notice letter to the violator, the property address, or to the tax record address if mail is undeliverable to the property (e.g., a vacant site) describing the non-compliance. Formal notices shall conform with Chapter 54. Enforcement of Municipal Ordinances in Texas Code.

(2)

Investigation. Before or after bringing an action to the court of jurisdiction, the city may make reasonable attempt to investigate an alleged violation to determine if there is non-compliance.

(3)

Conditions. The city may bring an action to a court of jurisdiction to enforce a condition, covenant (in connection to a plat, planned development or development plan), or commitment.

(4)

Court-imposed remedy. Any non-compliance shall be subject to any court-imposed remedy. The court-imposed remedy may include enforcing the condition, covenant, or commitment, or be a unique court ruling that fulfills the intent of the city zoning ordinance. The severity of the court ruling may consider the severity of the non-compliance, impact to property values in the area, impact to quality of life in the area, impact to the health, safety and welfare of the public, repetitiveness of similar violations by the same violator, and/or the precedent that may be set by the ruling. If successful in the enforcement of the zoning ordinance, the court of jurisdiction may award city recuperation of its legal fees and administrative costs.

(Ord. passed 5-18-2017)

(a)

Authority. The Enforcement Official may bring action to a court of jurisdiction as an independent enforcement action or concurrent to another enforcement action; except as stated in § 153-259. A court of jurisdiction may issue a prohibitory or permanent injunction against a violator or potential violator.

(b)

Cause. A violation, alleged violation, or intent to violate the zoning ordinance exists.

(c)

General procedure.

(1)

Issue notice. Before or after bringing an action to the court of jurisdiction, the Enforcement Official may mail a notice letter to the violator, the property address, or to the tax record address if mail is undeliverable to the property (e.g., a vacant site) describing the violation, alleged violation, or intent to violate. Formal notices shall conform with Chapter 54. Enforcement of Municipal Ordinances in Texas Code.

(2)

Investigation. Before or after bringing an action to the court of jurisdiction, the Enforcement Official may make reasonable attempt to investigate an alleged violation to determine if there is a violation, an alleged violation, or an intent to violate.

(3)

Request for injunction. The Enforcement Official may bring an action to a court of jurisdiction to request a prohibitory or permanent injunction to restrain a violation of the zoning ordinance.

(4)

Violation. Any violator found liable for a violation or intending to violate the zoning ordinance shall be subject to prohibitory or permanent injunction to restrain. The court-imposed restraint may instead result in a unique court ruling that fulfills the intent of the city zoning ordinance. The severity of the court ruling may consider the severity of the violation, impact to property values in the area, impact to quality of life in the area, impact to the health, safety and welfare of the public, repetitiveness of similar violations by the same violator, and the precedent that may be set by the ruling. If successful in the enforcement of the zoning ordinance, the court of jurisdiction may award city recuperation of its legal fees and administrative costs.

(Ord. passed 5-18-2017)

(a)

Authority. The Enforcement Official may bring action to a court of jurisdiction as an independent enforcement action or concurrent to another enforcement action; except as stated in § 153-259. A court of jurisdiction may issue a mandatory injunction against a violator.

(b)

Cause. A structure was constructed, modified or installed in violation or alleged violation of the zoning ordinance.

(c)

General procedure.

(1)

Issue notice. Before or after bringing an action to the court of jurisdiction, the Enforcement Official may mail a notice letter to the violator, the property address, or to the tax record address if mail is undeliverable to the property (e.g., a vacant site) describing the violation or alleged violation. Formal notices shall conform with Chapter 54. Enforcement of Municipal Ordinances in Texas Code.

(2)

Investigation. Before or after bringing an action to the court of jurisdiction, the Enforcement Official may make reasonable attempt to investigate an alleged violation to determine if there is a violation.

(3)

Request for injunction. The Enforcement Official may bring an action to a court of jurisdiction to request a mandatory injunction to remove a structure in violation of the zoning ordinance.

(4)

Violation. If a structure is found in violation, the violator shall be subject to a mandatory injunction to remove the structure and all costs associated with the action. The court-imposed remedy may instead result in a unique court ruling that fulfills the intent of the city zoning ordinance. The severity of the court ruling may consider the severity of the violation, impact to property values in the area, impact to quality of life in the area, impact to the health, safety and welfare of the public, repetitiveness of similar violations by the same violator, and/or the precedent that may be set by the ruling. If successful in the enforcement of the zoning ordinance, the court of jurisdiction may award the city recuperation of its legal fees and administrative costs.

(Ord. passed 5-18-20017)

(a)

Authority. The Enforcement Official may impose a fine for violation as an independent enforcement action or concurrent to another enforcement action; except as stated in sections 153-259 or 153-265.

(b)

Cause. A violation of the zoning ordinance exists.

(c)

General procedure.

(1)

Collect evidence. Before imposing a fine, the Enforcement Official may collect evidence to conclude there is a violation.

(2)

Issue notice. The Enforcement Official may mail a notice letter to the violator or the property address (or to the tax record address if mail is undeliverable to the property (e.g., a vacant site)) describing the violation. The notice letter may also include the terms of the fine, including the fine amount and the date payment is due. Formal notices shall conform with Chapter 54. Enforcement of Municipal Ordinances in Texas Code.

(3)

Time frame. If not addressed in a concurrent enforcement action, the Enforcement Official may grant the violator an opportunity to provide evidence that there is not a violation or to bring the violation into compliance, including a time frame of at least one day but not more than 30 days. The time frame granted shall be reasonably tied to the necessary time to remedy the violation (e.g., the time to remove an A-frame sign could be one day, and the time to remove a building may be 30 days).

(4)

Time frame extension. A reasonable time frame extension may be granted upon request by the Enforcement Official if the violator is making satisfactory progress.

(5)

Financial liability. The Enforcement Official may impose a fine in an amount not less than $50 or higher than $1,000 for the first violation and not less than $50 or higher than $1,000 for the second or subsequent violations. Each unique violation from the day it was confirmed as a violation is subject to a fine; and each new day the violation persists, excluding days granted to remedy the violation, shall constitute a separate violation and therefore be subject to another fine. The fine for a violation shall be reasonably in proportion to the severity of the violation, repetitiveness of similar violations by the same violator, and the costs associated with enforcing, mitigating, administering, researching, inspecting the violation, court fees, legal fees, and the like.

(6)

Appeals. Fines imposed by the Enforcement Official may be appealed to the board of adjustments. Fines upheld by the board of adjustments may be appealed to a court of jurisdiction.

(Ord. passed 5-18-2017)

(a)

Authority. The Enforcement Official may bring action to a court of jurisdiction as an independent enforcement action or concurrent to another enforcement action; except as stated in sections 153-259 or 153-264. A court of jurisdiction may issue a fine for violation.

(b)

Cause. A violation of the zoning ordinance exists.

(c)

General procedure.

(1)

Collect evidence. Before or after bringing an action to the court of jurisdiction, the Enforcement Official shall collect evidence to conclude there is a violation.

(2)

Issue notice. Before or after bringing an action to the court of jurisdiction, the Enforcement Official shall mail a notice letter to the violator or the property address (or to the tax record address if mail is undeliverable to the property (e.g., a vacant site) describing the violation. The notice letter may also include the terms of the fine, including the fine amount and the date payment is due. Formal notices shall conform with Chapter 54. Enforcement of Municipal Ordinances in Texas Code.

(3)

Court-imposed fine. The Enforcement Official may bring an action to a court of jurisdiction to invoke a fine for a violation.

(4)

Financial liability. A violator found liable for a violation may be subject to a court-imposed fine. The fine for a violation shall be reasonably in proportion to the severity of the violation, repetitiveness of similar violations by the same violator, and the costs associated with enforcing, mitigating, administering, researching, inspecting the violation, court fees, legal fees, and the like. Fines imposed by the court of jurisdiction shall be at the discretion of the court of jurisdiction and per any applicable Texas law. Each unique violation from the day it was confirmed as a violation is subject to a fine; and each new day the violation persists, excluding days granted to remedy the violation, may constitute a separate violation and therefore be subject to another fine.

(Ord. passed 5-18-2017)

Any action allowed by Texas Code, common law, or other applicable state regulations may be used to force a violation to be in compliance with the zoning ordinance or compliance with the terms of an approval.

(Ord. passed 5-18-2017)