Hondo City Zoning Code
CHAPTER 10
ENFORCEMENT
§ 10.1 Enforcement by Development Officer.
10.1.1
The Development Officer shall have the authority to enforce the provisions of this UDC (Unified Development Code)
(Ordinance 1148-01-18 adopted 1/8/18)
§ 10.2 Penalties for Violation.
10.2.1
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.
10.2.2
Any person who violates or fails to comply with the requirements of this UDC, or who builds or alters any building or structure in violation of any plan or statement submitted and approved hereunder, shall be guilty of a misdemeanor and be liable to a fine pursuant to fines established in the Code of Ordinances of the City of Hondo.
(Ordinance 1148-01-18 adopted 1/8/18)
§ 10.3 Penal Provisions.
10.3.1
Within Corporate Limits.
Any person violating any provision of this UDC, within the corporate limits of the City of Hondo, shall be guilty of a misdemeanor, and upon conviction, shall be fined pursuant the Code of Ordinances. Prosecution or conviction under this provision shall never be a bar to any other relief for violations of this UDC.
10.3.2
Outside Corporate Limits.
Any person violating any provision of this UDC, outside the corporate limits of the City, but within the City’s extraterritorial jurisdiction, shall not be considered as committing a misdemeanor, nor shall any fine provided in Section A [10.3.1] above be applicable; however, the City shall have the right to institute an action in a court of competent jurisdiction to enjoin the violation of any provision of this UDC.
(Ordinance 1148-01-18 adopted 1/8/18)
§ 10.4 Specific Enforcement and Penalties for Flood Hazard Protection.
10.4.1
Notification of Noncompliance
a.
If at any time development takes place for which an approved Development Permit has not been issued, or development occurs which does not conform to the plans and specifications upon which the issued Development Permit was based, the Development Officer shall issue a written Notice of Noncompliance to the owner. The Notice shall give a specific time allowance to the owner during which he must take one of the following steps to bring the development into compliance with this UDC:
i.
An acceptable application for a Development Permit must be filed with the office of the Development Officer for the entire scope of development taking place or proposed for the site;
ii.
The item or items which are not in compliance with the terms, conditions, and provisions of this UDC shall be corrected, added, or improved until they are in compliance with this chapter, at which time the owner shall request, in writing, a reinspection by the Development Officer;
iii.
Modified construction plans shall be submitted to the Development Officer which detail, in an acceptable manner, the remedial, additional, or corrective measures which must be taken to bring the development within the provisions and requirements of this UDC; or
iv.
An acceptable variance request, subject to the provisions of this UDC, shall be submitted to the Development Officer which shall have the effect, if granted, of removing the requirements for which the development was determined to be in noncompliance.
b.
The time allotment for these actions shall be reasonable, and shall be determined according to the number, nature, and severity of the noncomplying items. In no case shall that time period exceed 30 calendar days from the date of notification. If, in the opinion of the Development Officer, a condition exists which is hazardous to the immediate safety of the public, he may seek remedies outside the scope of this Section.
10.4.2
Revocation or Suspension of Development Permit
a.
Upon expiration of the time allotment for remedial or corrective measures, the Development Officer shall take one of the following courses of action:
i.
If, in the opinion of the Development Officer, the owner has made, or is making, a good faith effort to remedy the offending situation, the Development Officer may extend the time allotment previously granted if such extension is requested by the owner; or
ii.
Where an approved Development Permit has been issued for the development, the Development Officer shall suspend the development permit. Written notice of said suspension, along with the terms and requirements for reinstating the Development Permit, shall be delivered to the owner.
iii.
Upon suspension of a Development Permit, all portions of the work being done on the property that are regulated by this UDC shall cease. These activities include, but are not limited to, grading, excavation, fill, berming, stripping, clearing, paving, placement of any storm sewer, drainage structure, inlet or appurtenance thereto; any work within a defined Area of Special Flood Hazard, or placement of any structure, temporary or permanent, or any obstruction within the Area of Special Flood Hazard.
iv.
Upon finding that no approved Development Permit exists for the work or property in question or suspending an existing approved development permit, the Development Officer shall issue a stop work order for all items of work on the subject property covered by this or other ordinances, any work permitted, licensed, or otherwise regulated by the City, or any work subject to inspection or approval by the City. The Development Officer may enter property to inspect and verify that the requirements of this UDC are being met.
v.
All notices required by this Section shall be served upon the parties concerned either personally or by certified mail, addressed to the individual contracting parties or permit holder, at the address given on the permit application.
vi.
Any permit, certificate of occupancy, or other approval required under this UDC shall be revoked when it is determined that (I) there is a departure from the approved plans, specifications, limitations, or conditions as required under the permit or approval; (II) The permit or approval was procured by false representation; (III) The permit or approval was issued in error; or (IV) There is a violation of any provision of this UDC.
10.4.3
through 10.4.4 [Reserved]
10.4.5
Penalty Imposed
a.
Upon the finding of a violation of this UDC regarding Flood Hazard Protection, the Development Officer may file a complaint in the Municipal Court of the City of Hondo against any person, firm, corporation, or other legal entity. In the event that the judge finds any person, firm, corporation, or other legal entity to be in violation of the terms, conditions, or requirements of this UDC, or provisions or conditions pursuant thereto, he shall find said person firm, corporation, or other legal entity guilty of a misdemeanor; and upon conviction shall impose a fine pursuant to the General Penalty set out in the Code of Ordinances. Prosecution under this provision shall not be a bar to any other relief for violation of this UDC.
b.
Fine Not Exclusive Penalty
i.
In addition to a fine, the City may institute appropriate actions or proceedings at law or equity for the enforcement of the provisions of this UDC, or to correct violations thereof, and, if applicable, appropriate actions or proceedings at law or equity against any surety company, escrow holder, or any third party who has affirmatively acted as surety or guarantor for the faithful performance of the permit holder’s work.
(Ordinance 1148-01-18 adopted 1/8/18)
§ 10.5 Specific Penalties for Certificates of Demolition.
A person is criminally responsible for a violation of Section 3.8 Certificate of Demolition if:
a.
The person owns part or all of the property where the violation occurs,
b.
The person is the agent of the owner of the property and is in control of the property, or
c.
The person commits the violation or assists in the commission of the violation.
(Ordinance 1148-01-18 adopted 1/8/18)
§ 10.6 Judicial Remedies.
The City may seek the following judicial remedies to enforce this UDC:
10.6.1
Injunctive Relief.
The City may seek an injunction or other equitable relief in court to stop any violation of this UDC or of a permit, certificate, or other form of authorization granted under this UDC. Such relief may include revocation or termination of permits, including conditional use permits. In any court proceedings in which the City seeks a preliminary injunction, it shall be presumed that a violation of this UDC or continued violation of this UDC is, will, or may be an injury to the public health, safety or general welfare; that the public health, safety or general welfare will or may be irreparably injured by the continuation of the violation unless the violation is enjoined; and that there is no plain and adequate remedy at law for the subject violation.
The City may seek an affirmative injunction to require the demolition or removal of a structure, or to allow the City to demolish or remove a structure and recover costs against the landowner, pursuant to Local Gov’t Code.
10.6.2
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.
10.6.3
Civil Remedies.
The City shall have the right to institute any appropriate civil action as provided in Section 54.012, et seq., Tex. Local Gov’t Code, in a county court or district court, to enforce, enjoin, prevent, restrain, correct or abate any violation of this UDC, 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.
10.6.4
Criminal Remedies.
Any person who violates any section of this UDC 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.
(Ordinance 1148-01-18 adopted 1/8/18)